Page:United States Statutes at Large Volume 114 Part 1.djvu/809

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PUBLIC LAW 106-265—SEPT. 19, 2000 114 STAT. 773 Subtitle A—Description of Retirement Coverage Errors to Which This Title Applies and Measures for Their Rectification CHAPTER 1—EMPLOYEES AND ANNUITANTS WHO SHOULD HAVE BEEN FERS COVERED, BUT WHO WERE ERRONEOUSLY CSRS COVERED OR CSRS-OFFSET COV- ERED INSTEAD, AND SURVIVORS OF SUCH EMPLOY- EES AND ANNUITANTS SEC. 2101. EMPLOYEES. 5 USC 8331 note. (a) APPLICABILITY. — This section shall apply in the case of any employee or former employee who should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) CSRS covered or CSRS-Offset covered instead. (b) UNCORRECTED ERROR. — (1) APPLICABILITY.— This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described under paragraph (3). As soon as practicable after discovery of the error, and subject to the right of an election under paragraph (2), if CSRS covered or CSRS-Offset covered, such individual shall be treated as CSRS- Offset covered, retroactive to the date of the retirement coverage error. (2) COVERAGE.— (A) ELECTION.—Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or FERS covered, effective as of the date of the retirement coverage error. Such election shall be made Deadline, not later than 180 days after the date of receipt of such notice. (B) NONELECTION.— I f the individual does not make an election by the date provided under subparagraph (A), a CSRS-Offset covered individual shall remain CSRS-Offset covered and a CSRS covered individual shall be treated as CSRS-Offset covered. (3) REGULATIONS. — The Office shall prescribe regulations to carry out this subsection. (c) CORRECTED ERROR.— (1) APPLICABILITY. — This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under subsection (b). (2) COVERAGE.— (A) ELECTION.— (i) CSRS-OFFSET COVERED.— Not later than 180 Deadline, days after the date of the enactment of this Act, the Regulations. 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, effective as of the date of the retirement coverage error. (ii) THRIFT SAVINGS FUND CONTRIBUTIONS. —I f under this section an individual elects to be CSRS- Offset covered, all employee contributions to the Thrift