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It depends on when you withdrew your TSP contributions and the kind of withdrawal you made.
You can make an election under FERCCA if you:
Your widow will be able to make the same choices that you would have been able to make.
While we will provide election information and benefits counseling as soon as possible, we will make special provisions for those individuals who need to make an election immediately. If you are still working, let your agency know, and it will contact OPM. If you have already retired, contact OPM directly by calling us toll free at 1-888-767-6738.
Make-up contributions are employee contributions that could have been deducted from your pay earlier, but were actually deducted later because of an error.
When you are erroneously put in CSRS, CSRS Offset, or Social Security-Only rather than FERS, you are allowed to make up the TSP contributions that you could have made had you been in the correct retirement plan.
By law, your TSP make-up contributions must be made as payroll deductions. You can't pay your TSP make-up contributions by check or rollover. Subject to the provisions of the TSP error correction regulations, you can decide how much you pay in TSP make-up contributions and how long you want to take to make the payments. TSP make-up contributions are treated as tax-deferred compensation for the year in which they are made up, but are subject to the elective deferral limit(s) for the year(s) in which they could have been made. So, your make-up contributions will reduce your taxable income for the year that you actually make the contribution.
If you are in FERS and decide to pay TSP make-up contributions, your agency must also pay any attributable Agency Matching Contributions.
If your retirement coverage error was corrected in the past, you have until September 19, 2002, to make your election. Your agency and OPM have the authority to waive this deadline.
If you are currently in the wrong retirement plan, you must receive written notice of the error and of your options under FERCCA. If you qualify to choose another retirement plan, you have 6 months from the date you are notified of the error to make your election.
While we will provide election information and benefits counseling as soon as possible, we will make special provisions for those individuals who need to make an election immediately. Contact OPM directly by calling us toll free at 1-888-767-6738.
FERCCA does not give you a choice about Social Security coverage. If you should have had Social Security coverage during your Federal employment, then you must have Social Security coverage in addition to your Federal retirement coverage. You have no choice. If your agency incorrectly put you in CSRS when it should have put you in CSRS Offset, it must correct your retirement coverage to CSRS Offset. You will not be able to get the full amount of the refund you were expecting.
Your previous agency should have sent the Social Security Administration a record of your earnings during all the years you should have had Social Security coverage. All of the CSRS contributions you made during those years that are not needed to cover your retirement costs were transferred to Social Security. Your refund was based on the retirement contributions that should have been withheld from your pay. It did not include amounts that were properly withheld, but erroneously considered retirement deductions rather than Social Security taxes.
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