Chapter 11. Election of FERS Coverage i

CHAPTER 11. ELECTION OF FERS COVERAGE

Table of Contents

Chapter 11. Election of FERS Coverage ......................................................................................... i

Subchapter 11A. FERS ............................................................................................................... 1

Part 11A1. General Information ............................................................................................. 1

Subpart 11A1.1. Overview ................................................................................................. 1

Section 11A1.1-1. Introduction and Organization .......................................................... 1

A. Introduction ........................................................................................................ 1

B. Topics Covered ................................................................................................... 1

C. Organization of Subchapter ................................................................................ 1

D. Statement of Authority ....................................................................................... 2

Part 11A2. Election of FERS .................................................................................................. 3

Subpart 11A2.1. Rules for Elections................................................................................... 3

Section 11A2.1-1. Who and When ................................................................................. 3

A. Employees Who May Elect FERS ..................................................................... 3

B. Employees Who May Not Elect FERS .............................................................. 3

C. Election Period ................................................................................................... 3

D. Effective Date of FERS Election........................................................................ 4

E. Withdrawing a FERS Election ........................................................................... 4

Part 11A3. Election Procedures .............................................................................................. 5

Subpart 11A3.1. Employing Office Responsibilities .......................................................... 5

Section 11A3.1-1. Opportunity and Processing.............................................................. 5

A. Providing Election Opportunity ......................................................................... 5

B. Processing the Election of Coverage SF 3109 ................................................... 5

C. Showing the FERS Election on the SF 50 .......................................................... 5

D. Irrevocability of a FERS Election ...................................................................... 6

E. Advising Employees of Effect of FERS Elections............................................. 6

Section 11A3.1-2. Employee Responsibilities................................................................ 7

A. Forms(s) Needed to Elect FERS ........................................................................ 7

B. Time Limits........................................................................................................ 7

Part 11A4. Court Orders Affecting an Election of FERS Coverage ....................................... 8

Subpart 11A4.1. Requirements for Election with Court Orders ......................................... 8

Section 11A4.1-1. Requirements .................................................................................... 8

A. General Requirement.......................................................................................... 8

B. When a Former Spouse's Consent is Not Required ............................................ 8

C. Requirements if a Court Order Awarding Benefits is on File with OPM .......... 8

D. Extension of the Election Period to Obtain Modification of the Court Order ... 8

E. Waiver of the Former Spouse's Consent Requirement ....................................... 9

F. Requesting a Search for a Court Order Acceptable for Processing.................... 9

G. OPM's Decision Regarding the Request for Waiver, Extension, or Search....... 9

Part 11A5. Belated Elections ................................................................................................ 11

Subpart 11A5.1. Eligibility Requirements ........................................................................ 11

Section 11A5.1-1. Authorities and Limits .................................................................... 11

A. Agency Authority ............................................................................................. 11
ii Chapter 11. Election of FERS Coverage

B. OPM Authority................................................................................................. 11

C. Effective Date of a Belated Election ................................................................ 11

D. Belated Elections that Are Not Permitted ........................................................ 11

Part 11A6. Deemed Elections of FERS Coverage ................................................................ 12

Subpart 11A6.1. Acceptability of Deemed Elections ....................................................... 12

Section 11A6.1-1. Background and Eligibility ............................................................. 12

A. Background ...................................................................................................... 12

B. Eligibility.......................................................................................................... 12

C. Notice Requirement.......................................................................................... 13

D. Documentation Requirement ............................................................................ 13

E. Death of Employee During the 60-Day Period ................................................ 13

F. Time Limits...................................................................................................... 13

G. Waiver of Time Limits..................................................................................... 13

H. Effective Date of Deemed FERS Election ....................................................... 14

I. Correction of Records ...................................................................................... 14

Part 11A7. Due Process Procedures...................................................................................... 16

Subpart 11A7.1. Due Process ........................................................................................... 16

Section 11A7.1-1. General and Types .......................................................................... 16

A. General ............................................................................................................. 16

B. Types of Decisions ........................................................................................... 16

C. Agency Decision—Requirements.................................................................... 16

D. Request for Reconsideration ............................................................................ 16

E. Agency Decision—Requirements.................................................................... 17

F. Request for Reconsideration ............................................................................ 17

G. Appeals to MSPB............................................................................................. 17

Part 11A8. Effect of an Election of FERS Coverage ............................................................ 18

Subpart 11A8.1. Result of Making a FERS Election........................................................ 18

Section 11A8.1-1. General and Types .......................................................................... 18

A. Cancellation of Designation of Beneficiary Upon Election of FERS .............. 18

B. Return of Excess Retirement Contributions ..................................................... 18

C. Commencing or Changing Thrift Savings Plan Contributions ........................ 18

D. Application for Refund..................................................................................... 18

Section 11A8.1-2. Credit for Service Upon Election of FERS ..................................... 18

A. General Rules................................................................................................... 19

B. Service Subject to Both CSRS and Social Security ......................................... 19

C. Service Subject to CSRS or Social Security Only ........................................... 19

D. Military Service................................................................................................ 19

E. Unused Sick Leave ........................................................................................... 20

Part 11A9. FERS Open Season ............................................................................................. 21

Subpart 11A9.1. History of the FERS Open Season ........................................................ 21

Section 11A9.1-1. Open Season ................................................................................... 21

A. Introduction ...................................................................................................... 21

B. Employees Eligible to Transfer to FERS ......................................................... 21

C. Eligible Employees during the 1998 Open Season .......................................... 22

D. Ineligible Employees ........................................................................................ 22
Chapter 11. Election of FERS Coverage 1

Subchapter 11A. FERS

Part 11A1. General Information

Subpart 11A1.1. Overview

Section 11A1.1-1. Introduction and Organization 

A. Introduction

Employees who are covered by CSRS and certain others who have performed service that is 

creditable under CSRS may elect FERS coverage. This subchapter explains the circumstances under 

which employees may elect FERS coverage and explains how service before the date of a transfer to 

FERS is credited.

Because there is no provision for electing CSRS coverage, this chapter applies only to FERS 

elections. There is no CSRS subchapter on elections of coverage. 

B. Topics Covered

This subchapter covers:

- Employee eligibility requirements to elect FERS coverage;

- Procedures an employee must follow to elect FERS;

- Procedures an agency must follow to process a FERS election;

- How a court order entitling a former spouse to benefits may affect an election of FERS;

- Belated FERS elections;

- Deemed elections of FERS coverage;

- Due process procedures for adverse decisions;

- The effect of an election of FERS coverage;

- Historical information about the FERS Open Season.

This subchapter does not cover elections of FERS coverage for senior officials. (See Chapter 

101, Special Retirement Provisions for Senior Officials.)

C. Organization of Subchapter

This subchapter is divided into nine parts.

Part Name of Part Page

11A1 General Information 1 

11A2 Employee Eligibility to Elect FERS 3 

11A3 Election Procedures 5 

11A4 Court Orders Affecting an Election of FERS 

Coverage 8 
2 Chapter 11. Election of FERS Coverage

Part Name of Part Page

11A5 Belated Elections 11 

11A6 Deemed Elections of FERS Coverage 12 

11A7 Due Process Procedures 16 

11A8 Effect of an Election of FERS Coverage 18 

11A9 FERS Open Season 21 

D. Statement of Authority

This subchapter is based on the laws and regulations cited below.

- Public Law 99-335, as amended

- United States Code: 5 U.S.C. Chapter 84

- Code of Federal Regulations: 5 CFR Part 846. 
Chapter 11. Election of FERS Coverage 3

Part 11A2. Election of FERS

Subpart 11A2.1. Rules for Elections

Section 11A2.1-1. Who and When

A. Employees Who May Elect FERS

1. An election of FERS coverage may be made by employees (including reemployed 

annuitants) who are reemployed after a break in service of more than 3 days, and:

a. Who are covered by the Civil Service Retirement System (CSRS, including CSRS 

Offset); or

b. Whose appointment is excluded from CSRS coverage but not from FERS coverage 

(for example, term appointments, TAPER, and certain indefinite appointments). 

NOTE 1: If an employee has the minimum 5 years of creditable civilian service, creditable 

military service may be used to meet the balance of service necessary for a 

discontinued service retirement.

2. An election of FERS coverage may also be made by employees who: 

a. Convert from appointments excluded from FERS coverage (such as temporary 

appointments not to exceed 1 year) to appointments that are not excluded and who 

do not automatically have FERS coverage upon conversion; or

b. Become eligible for Social Security coverage; or

c. Enter a senior official position with mandatory Social Security coverage (see 

Handbook Chapter 101 for additional information).

B. Employees Who May Not Elect FERS

1. The following employees may not elect FERS coverage:

a. An employee or reemployed annuitant whose appointment is excluded from FERS 

coverage by law or regulation, such as a temporary (NTE 1 year) or an intermittent 

appointment other than career or career-conditional;

b. An employee who is ineligible for Social Security coverage (such as non-resident 

foreign national employees);

c. An employee of the government of the District of Columbia.

d. An employee who has missed the election period for electing FERS coverage (1 

year from appointment or conversion.) (See Part 11A5, Belated Elections, for 

additional information;) or 

e. A Member of Congress who previously elected by written notice not to participate 

in FERS; may not elect FERS during the same continuous period of service. 

f. An employee only has one FERS election opportunity during any continuous 

period of service.

C. Election Period

An eligible employee may elect FERS coverage during the 6-month period following the date he or 

she first becomes subject to an appointment described in paragraph A above. (See Part 11A3 for 
4 Chapter 11. Election of FERS Coverage

election procedures.)

An employee may have more than one opportunity to elect FERS coverage. Employees have a new 

opportunity to elect FERS coverage each time they return to Federal service after a break in service of 

more than 3 days and fall under any of the categories in paragraph A. 

Once an employee becomes subject to FERS by election, he or she resumes FERS coverage in all 

future Federal employment, unless the future appointment is excluded from FERS coverage by law or 

regulation

D. Effective Date of FERS Election

An election of FERS coverage is effective the first day of the pay period beginning after the date 

the election and any required supporting documents (such as the former spouse's consent) are received 

by the employing agency.

A court order awarding benefits to a former spouse may delay the effective date of the FERS 

election. (See Part 11A4, Court Orders Affecting An Election of FERS Coverage, for additional 

information on court orders.)

A FERS election takes effect only if the individual is an employee on the effective date of the 

election. 

E. Withdrawing a FERS Election

An employee may withdraw a FERS election before it becomes effective.

Generally, once effective, an election of FERS coverage is irrevocable. (See Part 11A3, 

Election Procedures, for additional information on election procedures.)
Chapter 11. Election of FERS Coverage 5

Part 11A3. Election Procedures

Subpart 11A3.1. Employing Office Responsibilities

Section 11A3.1-1. Opportunity and Processing

A. Providing Election Opportunity

When making or converting an appointment, the employing agency must determine whether the 

employee is eligible to elect FERS. (See Part 11A2, Employee Eligibility to Elect FERS, for who is 

eligible to elect FERS coverage.) If the employee is eligible to elect FERS coverage, the agency must 

provide the employee with a Standard Form 3109, Election of Coverage, and a copy of the RI 90-3, 

FERS Transfer Handbook. In addition, the agency should include a statement regarding the FERS 

election opportunity in the remarks section of the Standard Form 50, Notification of Personnel Action, 

Remark Code B 60, documenting the appointment. Model language for this statement follows:

Eligible to elect coverage under the Federal Employees Retirement System (FERS) 

within 6 months of the effective date of this personnel action. SF 3109 provided to 

employee. 

B. Processing the Election of Coverage SF 3109

1. It is the responsibility of the employing agency to ensure that:

a. Each employee eligible to elect FERS coverage is notified of his or her election 

right, including all employees in a non-duty status.

b. Receipt of the SF 3109, Election of Coverage, by the employee is documented in 

the employee's Official Personnel Folder (OPF) or Electronic Official Personnel 

Folder (EOPF). Acceptable documentation includes:

i. A statement of receipt signed by the employee (part 1 of the SF 3109) or

ii. A document signed and dated by the agency employee who gave the SF 

3109 to the employee, that verifies the employee's receipt of the SF 3109, 

and explains the reasons for the use of the document in lieu of part 1 of the 

SF 3109 (for example, in a situation where the employee refused to sign 

part 1 of the SF 3109); or

iii. A signed postal return receipt showing that the SF 3109 was received at the 

employee's address.

c. When it receives the completed Part 2 (OPF copy) of the SF 3109, it places the 

form as a permanent record on the right side of the employee's OPF or EOPF.

C. Showing the FERS Election on the SF 50

If the employee elects FERS coverage, the employing agency must show the change in retirement 

plan on the SF 50, according to instructions in The Guide to Processing Personnel Actions. If the 

employee will be eligible for an annuity with a CSRS component, the employing agency may include 

a remark on the SF 50 indicating the sick leave balance as of the effective date of the FERS election 

for future retirement counseling purposes.

NOTE: Instructions on "freezing" or redesignating employees' Standard Form 2806, Individual 

Retirement Record, are contained in Chapter 81, Individual Retirement Records and 

Registers of Separations and Transfers. 
6 Chapter 11. Election of FERS Coverage

D. Irrevocability of a FERS Election

Agencies are not authorized to cancel an election of FERS coverage after it has become effective, 

regardless of the reason for the cancellation request.

While a FERS election is irrevocable, in certain circumstances OPM may find an election of FERS 

coverage invalid. If an employee is found to have been mentally incompetent at the time of the 

election, the election may be invalidated. (In effect, an "election" by an incompetent person is deemed 

not to be an election since the capacity to make a rational choice did not exist.) Further, an election of 

FERS coverage may be invalidated if the employee is found to have a court order acceptable for 

processing on file with OPM at the time the election was made and he or she did not obtain the former 

spouse's consent to the election of FERS coverage. (See Part 11A4, Court Orders Affecting An 

Election of FERS Coverage, for additional information regarding court orders acceptable for 

processing.)

If the employee did not elect FERS, but was erroneously placed in FERS coverage due to an 

agency error, the length of this and all subsequent coverage errors willdetermine the steps that need to 

be taken in order to resolve this error. Please refer to Benefits Administration Letter (BAL) 04-108 for 

additional instructions.

E. Advising Employees of Effect of FERS Elections

The employing agency is responsible for counseling employees regarding the effect of their 

election of FERS coverage on future retirement benefits. An employee considering electing FERS 

coverage should be aware of how the election will affect their retirement benefit, especially service 

already performed that may become subject to FERS rules. For additional information regarding how 

service performed prior to the election of FERS coverage is credited, see Part 11A8, Effect of An 

Election of FERS Coverage. 
Chapter 11. Election of FERS Coverage 7

Section 11A3.1-2. Employee Responsibilities

A. Forms(s) Needed to Elect FERS

The employee must submit an SF 3109, Election of Coverage, to the employing agency.

If there is a court order that would affect the election, the employee must also submit one of the 

following:

1. SF 3110, Former Spouse's Consent to FERS Election; or

2. SF 3111, Request for Waiver, Extension or Search in Connection with Election of FERS 

Coverage. 

NOTE: If the employee has a former spouse, it is important that they complete Section 5 of the SF 

3109 accurately. If the employee answers "No" and it is later discovered that a court 

order was on file with OPM on the date of election of FERS coverage and the former 

spouse does not consent to the election, the election of FERS coverage will be voided. 

(See Part 11A4, Court Orders Affecting An Election of FERS Coverage, for additional 

information on court orders that affect a FERS election.) 

B. Time Limits

The employee must submit the SF 3109 within 6 months from the date they are first eligible to 

elect FERS coverage. (See Part 11A2, Employee Eligibility to Elect FERS, for additional 

information.)

Requests for a waiver of the former spouse's consent requirement, an extension of time to elect 

FERS coverage in order to obtain a modification of a court order, or a search to determine if a court 

order acceptable for processing is on file with OPM must be made before the end of the 6-month 

period during which the employee would otherwise be eligible to elect FERS coverage. The employee 

must follow the instructions given in Part 11A4, Court Orders Affecting An Election of FERS 

Coverage. 
8 Chapter 11. Election of FERS Coverage

Part 11A4. Court Orders Affecting an Election of FERS Coverage

Subpart 11A4.1. Requirements for Election with Court Orders

Section 11A4.1-1. Requirements

A. General Requirement

A court order is any judgment or property settlement issued by or approved by the court of any 

State, district or territory in connection with the divorce, annulment of marriage or legal separation of 

a Federal employee or retiree. For the purposes of an election of FERS coverage, the court order is 

acceptable for processing if it meets the requirements given in subparts C and H of part 838 of title 5, 

Code of Federal Regulations. For additional information concerning court orders that are acceptable 

for processing, see Chapter 5, Court Orders 

If an employee has a court order acceptable for processing that awards a portion of his or her 

retirement annuity or survivor benefits based on the employee's service, the employee must have the 

consent of the former spouse, if divorced, or current spouse, if legally separated, in order to elect 

FERS coverage.

B. When a Former Spouse's Consent is Not Required

A former spouse's consent to a FERS election is not required if:

- There is no court order acceptable for processing on file at OPM that gives a portion of the 

employee's annuity or a survivor annuity to the former spouse; or

- The employee's former spouse remarried before reaching age 55, regardless of the terms of the 

court order and whether or not the former spouse is still married. 

C. Requirements if a Court Order Awarding Benefits is on File with OPM

If a court order acceptable for processing is on file with OPM, and the former spouse is entitled to 

benefits, one of the following forms must be submitted along with the SF 3109: 

- Written consent to election of FERS coverage from the former spouse on the SF 3110, Former 

Spouse's Consent to FERS Election; or

- Request for extension or waiver of the consent requirement on the SF 3111, Request for 

Waiver, Extension or Search in Connection with Election of FERS Coverage and the 

documentation to support the request as described in paragraphs D and E of this section.

D. Extension of the Election Period to Obtain Modification of the Court Order

An employee may request an extension of the election period from OPM on an SF 3111, Request 

for Waiver, Extension or Search in Connection with Election of FERS Coverage. The employee must 

demonstrate to OPM's satisfaction that the extension is needed to obtain modification of a court order 

on file at OPM.

To request an extension, the employee should submit the SF 3111 along with the SF 3109 directly 

to the agency. Agency personnel should follow the processing instructions given on the reverse of the 

SF 3111. The application for extension is deemed to be filed with OPM on the date it is received in 

the employing office. The employing agency must promptly forward the request to OPM.

An extension granted by OPM expires 6 months after the date it was granted. A maximum of two 

extensions may be granted by OPM upon application by the employee.

To request a second extension, the employee must file an SF 3111 with the employing agency 
Chapter 11. Election of FERS Coverage 9

before the end of the first extension and have initiated legal proceedings to obtain a modification of the 

court order. When requesting an additional extension, the employee must demonstrate to OPM that 

they have exercised due diligence in seeking to obtain the modification of the court order.

E. Waiver of the Former Spouse's Consent Requirement

An employee may request OPM to waive the requirement of the former spouse's consent by 

providing documentation that the former spouse's whereabouts are unknown, or that, due to 

exceptional circumstances, requiring the employee to obtain the former spouse's consent would be 

inappropriate. A request to waive the consent requirement must be submitted to the employing agency 

on an SF 3111 and must be accompanied by the following:

1. SF 3109, Election of Coverage; and

2. A judicial determination that the former spouse's whereabouts cannot be determined. In 

lieu of a judicial determination, the employee may submit three affidavits, one by the 

employee and two by other persons, at least one of whom is not related to the employee, 

attesting to the inability to locate the former spouse and stating the efforts made to locate 

the former spouse. The affidavits must be accompanied by documents, such as newspaper 

reports, that substantiate the former spouse's disappearance; or

3. A judicial determination regarding the former spouse that would warrant waiver of the 

consent requirement based on exceptional circumstances. The judicial determination must 

show that (1) the case before the court involves a Federal employee who is in the process 

of electing FERS coverage, and (2) the former spouse has been given notice and an 

opportunity to be heard regarding the order, and (3) the court has considered sections 301 

and 302 of the FERS Act (Public Law 99-335) and 5 CFR 846.202 as they relate to waiver 

of the former spouse's consent requirement to elect FERS coverage, and (4) the court finds 

that exceptional circumstances exist justifying a waiver of the former spouse's consent 

requirement.

The request for waiver is deemed to be filed with OPM on the date it is received in the employing 

agency. The employing agency must promptly forward the request to OPM.

F. Requesting a Search for a Court Order Acceptable for Processing

An employee may request that OPM determine whether a court order awarding a former spouse a 

portion of the retirement annuity or survivor benefits based on the employee's service is on file, and 

acceptable for processing, by submitting an SF 3111 along with the SF 3109 to the employing agency. 

The request for search is deemed to be filed with OPM on the date it is received in the employing 

agency. The employing agency must promptly forward the request to OPM. 

G. OPM's Decision Regarding the Request for Waiver, Extension, or Search

Once an SF 3111 is forwarded to OPM for action, OPM will notify the employing agency of its 

decision regarding the request.

1. If the employee requested a search for a court order acceptable for processing and OPM 

does not have a copy of a court order acceptable for processing on file, its notification to 

the agency completes the employee's election of FERS coverage. The election becomes 

effective the beginning of the first pay period after the employing office receives OPM's 

notification.

2. If the employee requested an extension of the time to elect FERS coverage in order to 

obtain a modification of a court order acceptable for processing, OPM notifies both the 

employee and the employing agency of its determination regarding a request for extension.
10 Chapter 11. Election of FERS Coverage

3. If the employee requested a waiver of the requirement of the former spouse's consent, OPM 

notifies both the individual and the employing office of its decision. If the waiver is 

granted, OPM's notice to the employing office completes the individual's election of FERS 

coverage. The election becomes effective the beginning of the first pay period after the 

employing office receives OPM's notice that the waiver is granted.
Chapter 11. Election of FERS Coverage 11

Part 11A5. Belated Elections

Subpart 11A5.1. Eligibility Requirements

Section 11A5.1-1. Authorities and Limits 

A. Agency Authority

Employing agencies may accept a belated election of FERS coverage up to 6 months after an 

employee's election opportunity ends if:

1. The agency did not provide an SF 3109 in a timely manner; or

2. The agency did not provide a copy of the RI 90-3, FERS Transfer Handbook, to the 

employee in a timely manner; or

3. The employee was otherwise unable to make an election within the prescribed time limit 

due to causes beyond his or her control. 

B. OPM Authority

OPM does not have the authority to allow a retroactive election of FERS coverage, or a belated

election of FERS coverage made after the 1-year period following start of the employee's opportunity 

to elect FERS.

OPM formerly allowed employees to make retroactive elections of FERS coverage if OPM 

determined that relief was necessary to assure that the employee had an opportunity to make an 

informed election. In 1993, the United States Court of Appeals for the Federal Circuit determined that 

OPM did not have the authority to allow retroactive belated FERS elections made after June 30, 1988, 

on the basis that the employing agency provided incomplete information to the employee, or that the 

employee was otherwise prevented from making an informed election by circumstances beyond his or 

her control Killip v. the Office of Personnel Management, 991 F.2d.1564, 1569 (Fed. Cir. 1993)). 

Although the court decision technically applies only to elections that should have been made during 

the 1987 open season, the court's analysis is equally applicable to cases of employees rehired after the 

open season. OPM must deny any request to elect FERS coverage made beyond the 6-month period 

following the employee's statutory election period, regardless of whether the statutory election period 

was the 1987 open season, or the employee's 6-month opportunity after reinstatement or conversion of 

appointment.

For additional information on FERS elections for employees who were erroneously placed in FERS 

for less than 3 years see Part 11A6, Deemed Elections of FERS Coverage. For employees who were 

erroneously placed in FERS for 3 years or more, see 5 CFR part 839, (a chapter on the Federal 

Erroneous Retirement Coverage Corrections Act (FERCCA) is under development).

C. Effective Date of a Belated Election

The effective date of a belated election of FERS coverage accepted under the agency's authority is 

prospective (effective at the beginning of the first pay period after receipt of the employee's election). 

Neither the agency nor OPM is authorized to approve retroactive effective dates for FERS elections. 

D. Belated Elections that Are Not Permitted

Neither the agency nor OPM may allow belated elections (prospectively or retroactively) after the 

6-month period provided for under paragraph A, above. 
12 Chapter 11. Election of FERS Coverage

Part 11A6. Deemed Elections of FERS Coverage

Subpart 11A6.1. Acceptability of Deemed Elections

Section 11A6.1-1. Background and Eligibility 

A. Background

The United States Court of Appeals for the Federal Circuit in Killip v. OPM, 991 F. 2d 1564, 1569 

(Fed. Cir. 1993) determined that OPM lacks the authority to allow retroactive FERS elections made 

after June 30, 1988, by employees who had an opportunity to make a timely election, regardless of 

circumstances that may have prevented the employee from making an informed election. The court 

invalidated OPM's regulations under which OPM could allow retroactive FERS elections.

Although Killip addressed the case of an election that should have been made during the 1987 open 

season, the court's analysis is equally applicable to cases of employees rehired after the open season. 

The court decision does not address the situation of employees who were denied the right of election 

during the transfer periods provided by statute because they were automatically placed under FERS in 

error. To prevent the agency error from depriving such employees of their statutory right to have 

elected FERS coverage, these employees are deemed under OPM's regulations effective November 4, 

1994, to have elected FERS coverage unless they notify the employing agency that they do not want 

FERS coverage.

Public Law 106-265, the Federal Erroneous Coverage Corrections Act was enacted on September 

19, 2000. The FERCCA addressed the problems created when employees were in the wrong 

retirement system for an extended period of time, (generally at least 3 years). For detailed information 

on coverage errors that lasted for at least 3 years, see 5 CFR Part 839.

B. Eligibility

Employees who were erroneously placed in FERS either on January 1, 1987, or upon a rehire or 

conversion effective after this date, who should have been placed in CSRS, CSRS Offset, or only 

Social Security with a 6-month opportunity to elect FERS coverage, are deemed to have elected FERS 

coverage under OPM's regulations, provided the error lasted for more than 6 months and less than 3 

years. The effective date of the deemed FERS election is the later of the employee's entry-on-duty 

date or the beginning of the first pay period commencing after June 30, 1987. Employees who decline 

FERS coverage will not have another opportunity to elect FERS coverage unless they become 

reemployed in a position subject to FERS after a break in service of more than 3 days.

Agencies should advise employees that deemed elections are only permitted for employees who 

were eligible to elect FERS and, the erroneous coverage lasted for more than 6 months and less than 3 

years. The election period is either the July 1, 1987, through December 31, 1987, open season, or the 

rehired/converted employee's 6-month opportunity to elect FERS coverage. Therefore, if an employee 

has a former spouse who is entitled to a portion of their retirement annuity, or to survivor benefits, 

based on a court order dated before the end of the employee's election period, the employee must have 

the consent of the former spouse in order to be deemed to have elected FERS coverage. See Part 

11A4, Court Orders Affecting An Election of FERS Coverage, for additional information regarding 

court orders acceptable for processing.

Employees who were erroneously placed in any retirement coverage other than FERS are not 

eligible for deemed FERS elections. Deemed FERS elections are limited to employees who did not 

have a FERS election opportunity because they were erroneously placed in FERS.

The deemed FERS elections do not give employees who were placed in the correct retirement 

system a further opportunity to elect FERS. Under Killip, employees who were placed in the correct 
Chapter 11. Election of FERS Coverage 13

retirement system are not affected by the deemed elections even if they were not informed of the right 

to elect FERS or were given inadequate information.

C. Notice Requirement

A current employee, separated employee, or retiree who was erroneously placed under FERS 

coverage when the individual should have been placed under CSRS, CSRS Offset, or only Social 

Security, with the right to elect FERS coverage, will remain covered by FERS unless he or she 

declines FERS coverage. The employing agency must provide written notice to each individual 

(regardless of whether currently employed, separated, or retired) who is deemed to have elected FERS. 

The notice must provide the individual a 60-day opportunity period, beginning when the individual 

receives the notice, to decline FERS coverage and be retroactively restored to the correct retirement

coverage.

In situations where an employee transfers to another agency and the coverage error is discovered, 

the new agency is responsible for notifying the employee of the 60-day opportunity to decline FERS 

coverage.

If the employee has already separated and the coverage error is discovered by OPM, OPM will 

notify the last employing agency of the error. Agencies should strive to immediately notify these 

separated employees of their opportunity to decline FERS coverage and promptly correct the 

personnel and payroll records so that OPM may timely act upon the separated employee's application 

for benefits.

D. Documentation Requirement

The employing agency must document the records to reflect the employee’s decision regarding 

retirement coverage. Because of the adverse consequences in correcting retirement records, agencies 

should develop procedures to fully document their counseling and notification efforts as well as 

employee elections. Agencies may document deemed elections on the SF 3109, or through other 

means, such as a form letter.

In the event an employee or former employee does not respond to the agency's notification of the 

60-day opportunity to decline FERS coverage, the employee is deemed to have elected FERS 

coverage effective the earliest date he or she could have elected FERS coverage. Since it is likely that 

agency personnel will encounter a situation where the employee, or former employee, fails to respond 

to the 60-day notice, it is imperative that employing agencies develop a procedure for documenting the 

notice to the employee and the employee's failure to respond to the 60-day notice.

E. Death of Employee During the 60-Day Period

If the individual dies during the 60-day opportunity to decline FERS coverage, any person who 

would be entitled to receive a current or former spouse survivor annuity benefit had the error in 

coverage not occurred has the right to decline FERS coverage on the deceased's behalf. If no survivor 

annuity is payable, then the individual(s) entitled to receive the lump-sum credit had the error in 

coverage not occurred, may decline FERS coverage.

F. Time Limits

The time limit for declining FERS coverage is 60 days, beginning the date the employee, former 

employee, retiree, or survivor receives the notice of the right to decline.

G. Waiver of Time Limits

Section 846.204(b)(2)(ii)(c)of Title 5, Code of Federal Regulations, grants agencies broad authority 

to extend the 60-day time limit. Agencies may extend the 60-day time limit if the individual or 
14 Chapter 11. Election of FERS Coverage

survivor exercised due diligence in declining the deemed coverage, but was prevented by 

circumstances beyond his or her control from declining in a timely manner. An agency's refusal to 

extend the time limit is subject to reconsideration by OPM and further appeal to the Merit Systems 

Protection Board.

Agencies can avoid problems concerning the time limit by providing adequate counseling, 

documentation, and follow-up procedures to assure that affected employees make informed choices 

during the 60-day period. Agencies are strongly encouraged to follow up on all cases involving 

deemed elections and to obtain and document written elections whenever possible.

H. Effective Date of Deemed FERS Election

In order to minimize the correction of records, the effective date of the deemed FERS election 

under OPM's regulations is the later of: 

- the employee's entry-on-duty date; or

- the beginning of the first pay period commencing after June 30, 1987.

The need to correct the employee's personnel and payroll records will differ depending on when the 

employee was first eligible to elect FERS coverage.

1. Employees Erroneously Placed in FERS Before July 1, 1987

Employees who were erroneously placed in FERS between January 1, 1987, and June 30, 

1987, were first eligible to elect FERS coverage during the 1987 open season. In this 

situation, the effective date of the deemed FERS election would be the beginning of the first 

pay period commencing after June 30, 1987.

2. Employees Erroneously Placed in FERS After June 30, 1987

Employees who were rehired or converted and erroneously placed in FERS after the 1987 

open season (after June 30, 1987) were first eligible to elect FERS coverage on the effective 

date of the reappointment or conversion action. For these employees, the effective date of 

the deemed FERS election would be their entry-on-duty date.

I. Correction of Records

Records correction for employees who do not decline deemed FERS coverage, as well as those 

employees who do decline FERS coverage, must comply with procedures given in The Guide to 

Processing Personnel Actions, and are discussed below.

NOTE: In situations where an employee is deemed to have elected FERS coverage, the first 

eligibility date for Thrift Savings Plan (TSP) participation will also change. Agencies 

should be aware of TSP eligibility rules and refer to Part 1605 of Title 5, Code of 

Federal Regulations, for additional information on correcting TSP errors.

1. Employees Erroneously Placed in FERS Before July 1, 1987

Since an election of FERS coverage cannot be effective earlier than the beginning of the 

first pay period after June 30, 1987, the personnel and payroll (including the TSP account) 

records prior to the correct effective date of the FERS election will need to be amended to 

show the proper retirement coverage. In addition, the agency should cite 5 CFR 

846.204(b)(2)(i) as the authority for the election of FERS coverage.

EXAMPLE: An employee was automatically placed in FERS on 01/01/87. She should 

have remained in CSRS Offset. In 1995, her agency discovers the error and 

notifies the employee by certified mail that she is deemed to have elected 

FERS, unless she declines within 60 days. The employee completes an SF 
Chapter 11. Election of FERS Coverage 15

3109, Election of Coverage, electing FERS coverage. Since the earliest date 

she could have elected FERS was the 1987 open season, her personnel and 

payroll records must be corrected retroactively from 01/01/87 to the 

beginning of the first pay period after 06/30/87 to show CSRS Offset 

coverage. Her corrected SF 50 showing the change to FERS coverage will 

be effective July 5, 1987.

2. Employees Erroneously Placed in FERS after June 30, 1987

If the employee was erroneously placed in FERS after June 30, 1987, as in the case of a 

rehire or conversion, the only correction action required will be an SF 50, Notification of 

Personnel Action, showing that FERS coverage, as of the entry-on-duty date was by 

election. The SF 50 should cite 5 CFR 846.204(b)(2)(i) as the authority for the action.

Elections of FERS coverage are normally effective the beginning of the first pay period 

after the employing agency receives the election. Under OPM's regulations, in order to 

minimize the need for corrections where the correction has an inconsequential effect, 

agencies are not required to correct the personnel and payroll records to reflect an initial 

pay period of non-FERS coverage for deemed FERS elections effective after June 30, 

1987.

EXAMPLE: An employee was reinstated on 01/15/89. His agency erroneously placed 

him in FERS, not realizing he had over 5 years of prior CSRS-covered 

service. The error is discovered in 1994. Because the agency error denied 

the employee his 6-month election period to elect FERS, he is now deemed 

to have elected FERS coverage. The agency gives the employee written 

notice of his 60-day opportunity to decline FERS coverage and instructs him 

to complete the SF 3109, Election of Coverage, if he chooses to remain in 

FERS. Unless he declines FERS coverage, the agency will correct the 

employee's personnel records to show that FERS coverage was by election 

as of 01/15/89. His payroll records do not need to be changed.

3. Employees Who Decline FERS Coverage

If, after receiving notice, the employee declines FERS coverage, the agency must 

retroactively correct the personnel and payroll records to reflect the correct retirement 

code, Thrift Savings Plan, and as appropriate, Social Security records.

EXAMPLE: An employee was erroneously placed under FERS on 01/01/87. She should 

have been covered under CSRS Offset. Her employing agency discovers the 

error in 1996 when the employee requests a retirement estimate. The agency 

notifies the employee of the error and of her 60-day opportunity to decline 

FERS coverage. After discussing her options with the agency retirement 

counselor, the employee determines it would be in her best interest to decline 

FERS coverage and completes an SF 3109, Election of Coverage, declining 

FERS. The agency must retroactively correct her personnel and payroll 

(including TSP) records to show that the employee was covered under CSRS 

Offset since 01/01/87.
16 Chapter 11. Election of FERS Coverage

Part 11A7. Due Process Procedures

Subpart 11A7.1. Due Process

Section 11A7.1-1. General and Types 

A. General

Generally, a resignation is not qualifying for discontinued service retirement when an employee 

resigns because of illness.

However, an involuntary separation is qualifying for discontinued service retirement if an 

employee is removed by adverse action or equivalent procedures (or retires after receiving a decision 

to remove), under conditions not involving misconduct or delinquency, because of illness resulting in 

one or more of the following:

- Continued absence:

- Inability to perform his or her duties; or,

- Endangering his or her health or that of other employees.

B. Types of Decisions

The following agency decisions are subject to reconsideration by OPM:

- Eligibility to elect FERS coverage;

- Whether a belated election should be allowed;

- Effective date of FERS elections

- Whether a FERS election should be cancelled; and

- Denial of waiver of the 60-day time limit for declining deemed FERS coverage.

C. Agency Decision—Requirements

An agency decision concerning an individual's opportunity to elect FERS coverage or the effective 

date of an election of FERS coverage is subject to reconsideration by OPM. The agency decision must 

be in writing and include reasons for the decision and the right to request reconsideration.

D. Request for Reconsideration

An employee may request that OPM reconsider an employing office's denial of issues relating to 

the election of FERS (for example, the effective date of a FERS election, or cancellation of a FERS 

election that has become effective).

A request for reconsideration of an agency decision must be filed within the time limit given in

paragraph E below. A request for reconsideration must be made in writing and must include the 

following information about the employee:

- Employee's name;

- Employee's address;

- Employee's date of birth and social security number;

- Name and mailing address of individual at agency who should receive the response;

- The reason for the request;
Chapter 11. Election of FERS Coverage 17

- Copies of any election form completed by the employee (including the OPF copy of any 

election form that the employee completed when they first became eligible for FERS 

coverage; or, if no completed form is in the file, Part 1 of the form providing verification of 

receipt);

- A copy of the agency's initial decision denying the request;

- Copies of all SF 50's, Notifications of Personnel Action, documenting beginning and ending 

dates of appointments, and changes in appointment type;

- Copies of any documents presented by the employee to support the request; and

- The name and commercial telephone number of the person at the employing agency OPM can 

contact if more information is needed.

The employing office must forward the request to:

Office of Personnel Management

Retirement Services

Benefits Officers Liaison & Development

1900 E St. NW 

FERS Reconsideration Request

Washington, DC 20415

E. Agency Decision—Requirements

A request for reconsideration of an agency decision must be filed within 30 calendar days from the 

date of the agency's decision, stating the right to reconsideration. OPM may extend the time limit 

when an individual documents that they were:

- Not notified of the time limit and not otherwise aware of the time limit; or

- Prevented by circumstances beyond their control from making the request within the time limit.

F. Request for Reconsideration

After reconsideration, OPM issues a final decision in writing. The decision is provided directly to 

the employee, with a copy to the employing agency.

G. Appeals to MSPB

If an individual's rights or interests are adversely affected by a decision made by OPM under this 

section, the employee may request that the Merit Systems Protection Board (MSPB) review the 

decision.

 
18 Chapter 11. Election of FERS Coverage

Part 11A8. Effect of an Election of FERS Coverage

Subpart 11A8.1. Result of Making a FERS Election

Section 11A8.1-1. General and Types 

A. Cancellation of Designation of Beneficiary Upon Election of FERS

Any CSRS designation of beneficiary on file is cancelled on the effective date of an election of 

FERS coverage. The employee must complete a new designation of beneficiary under FERS on a SF

3102, Designation of Beneficiary, Federal Employees Retirement System, if he or she wants any lump 

sum credit to be paid to someone other than the individual entitled under the order of precedence. The 

new FERS designation of beneficiary will apply to an employee's contributions under both CSRS and 

FERS.

The cancellation of a CSRS designation of beneficiary applies as well to employees who are 

deemed to have elected FERS coverage. See Part 11A6, Deemed Elections of FERS Coverage, for 

additional information on deemed elections of FERS coverage.

B. Return of Excess Retirement Contributions

Upon election of FERS coverage, certain employees are entitled to a return of any CSRS 

deductions that exceed the appropriate FERS deductions required for a period of pre-transfer service 

that will be credited under FERS rules. See Chapter 33, Return of Excess Contributions, for complete 

information on eligibility and amount of a return of excess contributions.

C. Commencing or Changing Thrift Savings Plan Contributions

A FERS employee hired after July 31, 2010, is automatically enrolled by the hiring agency in the 

TSP, and 3% of basic pay is deducted each pay period and deposited in the traditional balance of the 

TSP account, unless the employee made an election to change or stop contributions.

A FERS employee hired before August 1, 2010, should already have a TSP account with accruing 

Agency Automatic (1%) Contributions, and to any additional contributions elected by the employee as 

well as Agency Matching Contributions Thrift Savings Plan (TSP), please visit www.tsp.gov. 

D. Application for Refund

For employees who have separated from the Federal service for at least 30 days and request a 

refund of their contributions an SF 3106, Application for Refund of Retirement Deductions, is deemed

to be an application for refund of both FERS and CSRS contributions. 

If the former employee transferred to FERS with a CSRS annuity component, the former employee 

may request a refund of CSRS contributions only. The former employee must attach a statement to 

the FERS refund application specifying this request. See Chapter 32, Refunds, for complete 

information on withdrawing contributions to the Civil Service Retirement and Disability Fund.
Chapter 11. Election of FERS Coverage 19

Section 11A8.1-2. Credit for Service Upon Election of FERS 

A. General Rules

An employee who elects FERS coverage becomes subject to all provisions of law related to FERS. 

In general, all of the employee's prior service that was creditable under CSRS provisions is creditable 

toward length of service requirements for title to an annuity under FERS. Credit for prior service in 

computing a basic annuity under FERS depends on the type and amount of service before the election 

to transfer. For additional information regarding creditable service, refer to Chapter 20, Creditable 

Civilian Service, Subchapter A, for CSRS service credit rules, and Subchapter B, for FERS service 

credit rules.

Some employees who transfer to FERS will have paid more in employee deductions than is 

required under FERS. For additional information, see Chapter 33, Return of Excess Contributions. 

B. Service Subject to Both CSRS and Social Security

For computation purposes, civilian service performed before FERS coverage begins that was 

subject to both CSRS deductions and Social Security deductions is creditable under FERS--as long as 

the employee does not receive a refund of deductions pertaining to that service. The employee may 

make a redeposit into the retirement fund if deductions were made and refunded.

NOTE: This provision applies only to service performed after December 31, 1983, that was 

subject to both CSRS and Social Security deductions (That is, CSRS Interim or Offset 

service).

The original FERS Act included provisions that allow FERS deposits for refunded CSRS service 

when an employee received a CSRS refund before becoming subject to FERS. Under those provisions, 

the refunded service was not creditable for any purpose unless the deposit was paid, and the deposit 

equaled the appropriate percentage of basic pay, plus interest. There were different rules regarding 

when interest commenced, but in most cases interest started to accrue as of the midpoint of the service 

period (rather than the date of the refund). 

With the passage of the NDAA, refunded CSRS service is creditable for retirement eligibility 

whether or not the FERS redeposit (or FERS deposit for refunded CSRS service) is paid. There are 

now two separate provisions that could be used to compute the amount an employee owes for the 

period of refunded CSRS service the original FERS Act provisions and, the NDAA FERS redeposit 

provisions.

C. Service Subject to CSRS or Social Security Only

Crediting civilian service that was performed before the effective date of the election and that was 

subject to either CSRS or Social Security, but not both, depends on the length of such service. If the 

total amount of these two types of service performed before the effective date of the election of FERS 

totals:

- Less than 5 years, the service is creditable under FERS for computation purposes;

- 5 or more years, the service is credited under CSRS provisions for computation purposes (that 

is, the employee is entitled to a CSRS component in his or her FERS annuity).

D. Military Service

If the employee is entitled to a FERS annuity with no CSRS annuity component, all military service 

performed before the effective date of the FERS election is creditable under FERS rules.
20 Chapter 11. Election of FERS Coverage

If the employee is entitled to a CSRS annuity component in his or her FERS annuity, all military 

service performed prior to the effective date of the FERS election is creditable under CSRS rules.

E. Unused Sick Leave

Unused sick leave is creditable for annuity computation purposes under FERS, for separations 

occurring on or after 10-28-2009. Effective October 28, 2009, individuals separating with title to an 

immediate annuity or who die leaving a survivor eligible for a survivor annuity were entitled to credit 

for 50 percent of their unused sick leave. Effective for separations and deaths occurring on or after 

January 1, 2014, 100 percent of the unused sick leave is creditable. Employees who elect FERS 

coverage and will have a CSRS annuity component will also receive credit for unused sick leave in the 

computation of the retirement benefit. The amount credited in the CSRS component will be the lesser 

of: 

- the unused sick leave balance as of the effective date of the FERS election; or

- the unused sick leave balance as of the date of retirement.

If the unused sick leave balance at separation is greater than the balance as of the FERS election, 

the amount credited in the FERS component will be the difference between the balance at separation 

and the balance as of the FERS election.

For additional information concerning crediting unused sick leave, see Chapter 20. 

 
Chapter 11. Election of FERS Coverage 21

Part 11A9. FERS Open Season

Subpart 11A9.1. History of the FERS Open Season

Section 11A9.1-1. Open Season 

A. Introduction

During the FERS Open Season, July 1, 1987, to December 31, 1987, most employees covered 

under CSRS were eligible to transfer to FERS. Agencies provided employees with the RI 90-3, FERS 

Transfer Handbook, to assist them in making their decision. OPM Form 1555, FERS Election of 

Coverage (now the SF 3109, Election of Coverage), was used to document receipt of FERS election 

information and election of FERS coverage.

On December 22, 1987, Congress passed Public Law 100-203. This legislation allowed a belated 

open season until June 30, 1988, for employees who were prevented from switching to FERS on a 

timely basis for reasons beyond their control. 

The FERS Open Enrollment Act of 1987 provides that a FERS open season be conducted from July 

1, 1998, through December 31, 1998. Generally, any employee who was covered by the Civil Service 

Retirement System (CSRS) or by CSRS Offset could have elected to transfer to FERS during the open 

season. In addition, some employees who were covered by Social Security only may have also elected

FERS coverage. The Act required that the open season be conducted in accordance with Section 302 

of the Federal Employees Retirement System Act of 1986, the original FERS Act. 

B. Employees Eligible to Transfer to FERS

The following employees were eligible to elect FERS during the 1987 Open Season:

1. Employees who were covered under CSRS on June 30, 1987;

2. Certain officials who were subject to Social Security coverage on January 1, 1984, and who 

elected not to be covered under CSRS, if they continued to hold the same type of position 

through December 31, 1986. See Chapter 101, Special Retirement Provisions for Senior 

Officials, for more information;

3. Employees who were excluded from CSRS coverage by regulation (for example, term 

appointments), but were not excluded from FERS coverage and were not automatically 

covered by FERS on January 1, 1987, because they had at least 5 years of creditable civilian 

service as of December 31, 1986 (5-year test). (See Chapter 10 for additional information 

regarding the 5-year test.)

NOTE 1: Reemployed annuitants were eligible to elect FERS coverage as long as the nature 

of their appointment did not exclude them from coverage by law or regulation.

NOTE 2: Employees who met the criteria in 1, 2, or 3 above and were in a non-duty status 

(whether or not in a pay status) from June through December 1987, were entitled to 

elect FERS coverage. Some examples of non-duty status are:

- Employees on extended sick leave;

- Employees in receipt of workers' compensation; Employees on military 

furlough;

- Employees assigned to State or local governments (only those who chose to 

continue retirement coverage while on assignment were eligible to make this 

election while on assignment); or
22 Chapter 11. Election of FERS Coverage

- Employees detailed to international organizations (an individual who 

transferred to an international organization was not eligible to transfer to 

FERS until he or she was reemployed in Federal service).

C. Eligible Employees during the 1998 Open Season

Generally, any active employee who was covered by CSRS or CSRS Offset on January 1, 1998, 

was eligible to transfer to FERS during the open season, including:

- reemployed annuitants; and

- Employees whose CSRS coverage was due to continuity of service from a normally covered 

appointment, to one that would normally not be covered, e.g., a temporary or term 

appointment; 

- Employees serving under indefinite, term, and TAPER (Temporary Appointments Pending 

Establishment of Register); 

- Employees in non-duty status on leave without pay (LWOP) or receiving workers’ 

compensation from the Department of Labor; 

- Employees who were detailed to international organizations or to State or local governments. 

NOTE 1: While the open season opportunity was limited to people who were employees on

January 1, 1998, the law creating the open season did not affect the regular 

opportunity of employees who were reinstated or converted to qualifying 

appointments after January 1, 1998 for the normal personal 6-month opportunity to 

elect FERS

Employees who were in a non-duty status had the same eligibility to transfer to FERS during the 

open season as employees who were in a duty status. Therefore, agencies had the same obligations to 

them as they had to employees who were in an active status. Employees’ elections should have been 

processed promptly regardless of whether they were in a duty or pay status. For example, an employee 

who was on extended sick leave because of a terminal illness may have decided that the FERS 

disability and death benefits are more to his or her advantage than remaining under CSRS.

D. Ineligible Employees

There are some categories of employees that were not eligible to transfer to FERS. This included:

- Non-Federal employees who are covered by CSRS where the legislation covering them refers 

only to chapter 83 of Title 5, e.g., most employees of the District of Columbia; 

- Employees who were serving in temporary appointments covered by Social Security only are 

not eligible to elect FERS; 

- Employees on intermittent appointments other than career or career-conditional; 

- Federal employees who were covered by retirement systems other than CSRS; 

- Employees who are not eligible for Social Security (principally, non-resident aliens). 

Employees who separated to work in international organizations and were still contributing to

CSRS were not eligible to transfer to FERS during the open season, but would, (or will), have a 

personal opportunity to do so upon returning to Federal service.