CFR Subpart A

CFR Subpart A
in effect

5 C.F.R. § 841.101 Purpose.

The purpose of this subpart is to state the administrative rules governing the operations of the Federal Employees Retirement System (FERS) that have general application to the basic benefits under FERS.

5 C.F.R. § 841.102 Regulatory structure for the Federal Employees Retirement System.

(a) This part contains the following subparts: (1) General provisions (subpart A); (2) Applications for benefits (subpart B); (3) Claims processing (subpart C); (4) Government costs (subpart D); (5) Employee deductions and Government contributions (subpart E); (6) Computing interest (subpart F); (7) Cost-of-Living Adjustments (subpart G); (8) Waiver, allotment, or assignment of benefits (subpart H); (9) Court orders affecting benefits (subpart I); and (10) State income tax withholding (subpart J). (b)(1) Part 842 of this chapter contains information about basic annuity rights of employees and Members under FERS. (2) Part 843 of this chapter contains information about death benefits and employee refunds under FERS. (3) Part 844 of this chapter contains information about disability retirement benefits under FERS. (4) Part 845 of this chapter contains information about debt collection. (5) Part 846 of this chapter contains information about election rights available to employees who are eligible to join FERS. (6) Part 848 of this chapter contains information about phased retirement under FERS. (c)(1) Part 831 of this chapter contains information about the Civil Service Retirement System. (2) Part 835 of this chapter contains information about debt collection from FERS benefits. (3) Part 837 of this chapter contains information about reemployment of FERS annuitants. (4) Part 838 of this chapter contains information about court orders affecting FERS benefits. (5) Part 847 of this chapter contains information about elections under the Civil Service Retirement System or FERS relating to periods of service with a nonappropriated fund instrumentality under the jurisdiction of the armed forces. (6) Part 850 of this chapter contains information about CSRS and FERS electronic retirement processing. (7) Parts 294 and 297 of this chapter and §§ 831.106 and 841.108 of this chapter contain information about disclosure of information from OPM records. (8) Part 581 of this chapter contains information about garnishment of Government payments including salary and CSRS and FERS retirement benefits. (9) Parts 870, 871, 872, and 873 of this chapter contain information about the Federal Employees Group Life Insurance Program. (10) Part 890 of this chapter contains information about coverage under the Federal Employees Health Benefits Program. (11) Chapter II (parts 1200 through 1299) of this title contains information about appeals to the Merit Systems Protection Board. (12) Chapter VI (parts 1600 through 1699) of this title contains information about the Federal Employees Thrift Savings Plan.

5 C.F.R. § 841.103 Definitions.

In this subpart— CSRS means the Civil Service Retirement System as described in subchapter III of chapter 83 of title 5, United States Code. FERS means the Federal Employees Retirement System as described in chapter 84 of title 5, United States Code. FERS FRAE, or a Further Revised Annuity Employee as identified under 5 U.S.C. 8422, is an employee or Member covered under FERS hired on or after January 1, 2014, unless the employee or Member— (1) Was covered under FERS on December 31, 2012; or (2) Performed civilian service creditable or potentially creditable under FERS on December 31, 2012; (3) Or, if not covered under FERS on December 31, 2012, performed at least 5 years of civilian service creditable or potentially creditable under FERS prior to December 31, 2012; or (4) Was covered under FERS RAE on December 31, 2013; or (5) Was performing civilian service creditable or potentially creditable under FERS RAE on December 31, 2013; or (6) If not covered under FERS RAE on December 31, 2013, performed at least 5 years of civilian service creditable or potentially creditable under FERS prior to December 31, 2013. FERS RAE, or a Revised Annuity Employee as identified under 5 U.S.C. 8422, is an employee or Member covered under FERS hired on or after January 1, 2013, and before January 1, 2014, unless the employee or Member— (1) Was covered under FERS on December 31, 2012; or (2) Performed civilian service creditable or potentially creditable under FERS on December 31, 2012; or (3) If not covered under FERS on December 31, 2012, performed at least 5 years of civilian service creditable or potentially creditable under FERS prior to December 31, 2012.

5 C.F.R. § 841.104 Special terms defined.

(a) Unless otherwise defined for use in any subpart, as used in connection with FERS (parts 841 through 850 of this chapter), terms defined in 5 U.S.C. 8401 have the same meanings assigned to them by that section. (b) Unless otherwise defined for use in any subpart, as used in connection with FERS (parts 841 through 850 of this chapter)— Agency means an executive agency as defined in section 105 of title 5, United States Code; a legislative branch agency; a judicial agency; and the U.S. Postal Service and Postal Rate Commission. Associate Director means the Associate Director for Retirement and Insurance in OPM, or his or her designee. OPM means the Office of Personnel Management.

5 C.F.R. § 841.105 Administration of FERS.

(a) OPM has charge of the adjudication of all claims for basic benefits arising under FERS and of all matters directly or indirectly concerned with these adjudications. (b) In the adjudication of claims arising under FERS, OPM will consider and take appropriate action on counterclaims filed by the Government as set-offs against amounts payable from the Civil Service Retirement Fund.

5 C.F.R. § 841.106 Basic records.

(a) Agencies having employees or Members subject to FERS must establish and maintain retirement accounts for those employees and Members. (b)(1) The individual retirement record required by § 841.504(c) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants. (2) When the official records repository for the records in question certifies that the records in question are lost, destroyed, or incomplete, OPM will accept such inferior or secondary evidence that it considers appropriate under the circumstances, and such inferior or secondary evidence is then admissible. (3) Except as provided in paragraph (b)(2) of this section, inferior or secondary evidence will not be considered.

5 C.F.R. § 841.107 Computation of interest.

Interest, when applicable, will be computed under subpart F of this part.

5 C.F.R. § 841.108 Disclosure of information.

(a)(1) Except as provided in section 8461 of title 5, United States Code, OPM has in its possession or under its control records containing the following types of information: (i) Documentation of Federal service subject to FERS. (ii) Documentation of service credit and refund claims made under FERS. (iii) Retirement and death claims files, including documents supporting the retirement application, health benefits and life insurance eligibility, medical records supporting disability claims, and designations of beneficiaries. (iv) Claims review and correspondence files pertaining to benefits under the Federal Employees Health Benefits Program. (v) Documentation of claims made for life insurance and health benefits by annuitants under a Federal Government retirement system other than FERS. (2) These records may be disclosed to the individual to whom the information pertains, or, with prior written consent of the individual, to any agency or other person, except that medical evidence about which a prudent physician would hesitate to inform the individual, will be disclosed only to a licensed physician designated in writing for that purpose by the individual or by his or her representative. (3) Federal employee retirement records will be disclosed consistent with the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), including, but not limited to, disclosures pursuant to a routine use promulgated for such records and printed in OPM's periodic publication of notices of systems of records. However, a beneficiary designated in accordance with FERS (5 U.S.C. 8424(c)) will, during the lifetime of the designator, be disclosed to the designator only, at his or her signed written request. Such beneficiary designations that may appear in records being disclosed to other than the designator must be removed before the record is disclosed. If information pertaining to a designation of beneficiary is specifically asked for by a court of competent jurisdiction, it may be released to the court, but with a written notice that it is released under protest. (4) Except as provided in paragraphs (a)(2) and (a)(3) of this section, OPM will not disclose information from the files, records, reports, or other papers and documents pertaining to a claim filed with OPM, whether potential, pending, or adjudicated. This information is privileged and confidential. (b) On written request OPM will return, to the person entitled to them, certificates of discharge, adoption papers, marriage certificates, decrees of divorce, letters testamentary or of administration, when they are no longer needed in the settlement of the claim. If papers returned constitute part of the material and essential evidence in a claim, OPM will retain copies of them or of the parts of them that appear to be of evidentiary value.

5 C.F.R. § 841.109 Computation of time.

In computing a period of time for filing documents, the day of the action or event after which the designated period of time begins to run is not included. The last day of the period is included unless it is a Saturday, a Sunday, or a legal holiday; in this event, the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

5 C.F.R. § 841.110 Garnishment of FERS payments.

FERS payments are not subject to execution, levy, attachment, garnishment or other legal process except as expressly provided by Federal law.

5 C.F.R. § 841.111 Garnishment of payments after disbursement.

(a) Payments that are covered by 5 U.S.C. 8470(a) and made by direct deposit are subject to 31 CFR part 212, Garnishment of Accounts Containing Federal Benefit Payments. (b) This section may be amended only by a rulemaking issued jointly by the Department of the Treasury and the agencies defined as a “benefit agency” in 31 CFR part 212.

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