§ 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.

311 words·~1 min read·/usc/title-5/section-2121

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Applicability .— This section applies in the case of a retirement coverage error in which a Social Security-Only covered employee was erroneously CSRS covered or CSRS-Offset covered. Uncorrected Error.— Applicability .— This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described in paragraph (3). Coverage .— In the case of an individual who is erroneously CSRS covered, as soon as practicable after discovery of the error, and subject to the right of an election under paragraph (3), such individual shall be CSRS-Offset covered, effective as of the date of the retirement coverage error.

Election.— In general .— Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or Social Security-Only covered, effective as of the date of the retirement coverage error. Such election shall be made not later than 180 days after the date of receipt of such notice. Nonelection .— If the individual does not make an election before the date provided under subparagraph (A), the individual shall remain CSRS-Offset covered. Regulations .— The Office shall prescribe regulations to carry out this paragraph.

Corrected Error.— Applicability .— This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under subsection (b)(3). Election .— Not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], the Office shall prescribe regulations authorizing individuals to elect, during the 18-month period immediately following the effective date of such regulations, to be CSRS-Offset covered or Social Security-Only covered, effective as of the date of the retirement coverage error.

Nonelection .— If an eligible individual does not make an election under paragraph

(2)before the end of any time limitation under this subsection, the corrective action taken before such time limitation shall remain in effect.