PUBLIC LAW 106-265—SEPT. 19, 2000 114 STAT. 775 subparagraph (A), would result in the present value of the total being actuarially equivalent to the present value of an unreduced CSRS-OfFset annuity that would have been provided the individual. (4) REDUCED BENEFIT.—I f — (A) a surviving spouse elects CSRS-Offset benefits; and (B) a FERS basic employee death benefit under section 8442(b) of title 5, United States Code, was previously paid, then the survivor's CSRS-Offset benefit shall be subject to a reduction, under regulations prescribed by the Office. The reduced annuity to which the individual is entitled shall be equal to an amount which, when taken together with the amount of the payment referred to under subparagraph (B) would result in the present value of the total being actuarially equivalent to the present value of an unreduced CSRS-Offset annuity that would have been provided the individual. (5) PREVIOUS SETTLEMENT PAYMENT.—An individual who previously received a payment ordered by a court or provided as a settlement of claim for losses resulting from a retirement coverage error may not make an election under this subsection unless repa3anent of that amount is waived in whole or in part under section 2208, and any amount not waived is repaid. (c) NONELECTION. —If the individual does not make an election under subsection (b) before any time limitation under this section, the retirement coverage shall be subject to the following rules: (1) CORRECTIVE ACTION PREVIOUSLY TAKEN.—I f corrective action was taken before the end of any time limitation under this section, that corrective action shall remain in effect. (2) CORRECTIVE ACTION NOT PREVIOUSLY TAKEN.— If corrective action was not taken before such time limitation, the employee shall be CSRS-Offset covered, retroactive to the date of the retirement coverage error. CHAPTER 2—EMPLOYEE WHO SHOULD HAVE BEEN FERS COVERED, CSRS-OFFSET COVERED, OR CSRS COVERED, BUT WHO WAS ERRONEOUSLY SOCIAL SE- CURITY-ONLY COVERED INSTEAD SEC. 2111. APPLICABILITY. 5 USC 8331 note. This chapter shall apply in the case of any employee who— (1) should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; (2) should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; or (3) should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead. SEC. 2112. CORRECTION MANDATORY. 5 USC 8331 note. (a) UNCORRECTED ERROR.— I f the retirement coverage error has not been corrected, as soon as practicable after discovery of the error, such individual shall be covered under the correct retirement coverage, effective as of the date of the retirement coverage error.
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