BELATED FERS ELECTIONS AND THE PUBLIC PENSION OFFSET

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-00066R000500150006-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: February 26, 2014
• Sequence Number: 6
• Publication Date: April 25, 1988
• Content Type: LETTER

Declassified and Approved For Release 2014/02/26: CIA-RDP89-00066R000500150006-8
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CSRS ?
Civil $omas
Rstmenard Sydwn
Number: 88-107
Office of Personnel Management
Retirement Counselor Letter
Date: APR 25 1988
PERS
federal Employees
Retirement System
Subject: Belated FERS Elections and the Public Pension Offset
1. The purposes of this letter are to remind agencies of
their authority to accept belated elections to transfer to
the Federal Employees Retirement System (FERS) and to
explain how belated elections and elections which never
became effective affect the Public Pension Offset (PPO)
under the Social Security Act.
2. Section 846.204(a) of Title 5, Code of Federal
Regulations, authorizes employing offices to.accept late
FERS election when "an individual was unable, for cause
beyond his or her control, to elect FERS coverage within the
prescribed time limit." This would include, for example, a
case in which the employee was not notified, or was not
otherwise aware, of the last-minute Congressional action to
permit employees electing to join FERS to avoid the PPO in
time to transfer to FERS by December 31, 1987. Belated
elections approved by agencies are effective at the start of
the first pay period after the agency receives the election.
3. The Social Security Administration has advised us that
employees whose regular opportunity to elect FERS expired on
December 31, 1987, but who make a belated election Which was
approved under 5 CFR 846.204, and which subsequently took
effect, are exempt from the PPO. The Social Security
Administration does not decide whether the election took
effect, but rather relies on evidence listed in paragraph 5.
Agencies that accept a belated enrollment under 5846.204(a)
should provide the employee with evidence for this purpose
which should be retained by the employee for future use when
applying for Social Security benefits.
4. Agency authority to accept belated elections is limited
to elections received within six month of the employee's
time limit for a normal transfer to FERS. Agencies are not
authorized to approve retroactive effective dates for
belated elections. The appeals procedure for employees
dissatisfied with the effective date of a belated election
(or, whose belated election is not accepted) is contained in
FPM Letter 846-2, dated November 12, 1987.
Declassified and Approved For Release 2014/02/26: CIA-RDP89-00066R000500150006-8
? Declassified and Approved For Release 2014/02/26: CIA-RDP89-00066R000500150006-8
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5. To qualify for the exemption from the PPO, the employee
may submit to the Social Security Administration field
office where they apply for benefits--
41 a notification of personnel action (SF 50) showing a FERS
retirement code (K, L, M, N, or P) effective before
January 1, 1988; or
O a statement from OPM or the employing Agency (e.g., a pay
statement), covering a period before January 1, 1988, and
showing FERS/FICA deductions; or
o a FERS annuity statement from OPM showing an annuity
commencing' date before January 1, 1988; or
O an election of coverage form (OPM Form 1555) signed by
the claimant before January 1, 1988, and a notification of
personnel action (SF 50) showing a FERS retirement code (K,
L, M, N, or P) or another official statement showing that
the election took effect; or
0 a statement from the employing Agency, OPM, MSPB, or a
court of competent jurisdiction showing that a belated open
season election was allowed and a notification of personnel
action (SF 50) showing a FERS retirement code (K, L, M. N,
or P) or another official statement showing that the
election took effect. The date of effectuation is
immaterial. ?
z
6. The Social Security Administration has also advised us
thatesiaALUALCAL.1d11..11WLJLiJ2a5L.t12.21i2iagi_HhigIllEDEL
became effectlyz_(Aucl_as n the event the employee
InaratA befotg_the?Atas.tlya_date of the election) are not
IIMPMPr f r rrn the P. Iicc'urr? Th-. your Agency,
please call Mara....?NZIEV at (FTS) 632-0656 for further
information on correcting this problem.
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Declassified and Approved For Release 2014/02/26: CIA-RDP89-00066R000500150006-8