Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error?

5 C.F.R. § 839.1203
in effectEffective: 2024-07-01
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(a) The FERCCA allows OPM, in its sole discretion, to compensate you for a monetary loss that is a direct and proximate result of your retirement coverage error. (b) Monetary losses include payments of additional Social Security taxes, payment of additional retirement deductions, and other out-of-pocket expenses that you incurred because of a retirement coverage error. (c) You must substantiate your claim for losses with any evidence that supports your request. (d) OPM cannot pay you for: (1) Claimed losses related to forgone contributions and earnings under the TSP, other than lost earnings on make-up contributions to the TSP as provided in subpart J of this part; and (2) Claimed losses related to any other investment opportunities.

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