---
kind: "section"
citation: "5 C.F.R. § 839.201"
title: "5"
number: "839.201"
heading: "Do these rules apply to me?"
url: "https://uscodex.org/cfr/5/839.201"
---

# §839.201. Do these rules apply to me?

- (a) **These rules apply to employees who had a qualifying retirement coverage error.** For all purposes, a qualifying retirement coverage error must have lasted for at least 3 years of Federal service after December 31, 1986, as stated in the definitions section ([§ 839.102](/cfr/5/839.102.md)). It does not matter whether you have left Federal service, retired, or have been reemployed as an annuitant, as long as you had a qualifying retirement coverage error. In addition, the survivor of an employee, separated employee, or retiree who had a qualifying retirement coverage error is also covered by these rules.
- (b) An error that lasted less than 3 years of Federal service after December 31, 1986, is not qualifying under the rules in this part.
- (c) For errors lasting less than 3 years that involve erroneous placement in FERS during a period that the employee was eligible to elect FERS, see [§ 846.204(b)](/cfr/5/846.204.md?p=b) of this chapter for guidance.

## Notes

### Authority

Authority: Title II, Pub. L. 106-265, 114 Stat. 770.

### Source

Source: 66 FR 15609, Mar. 19, 2001, unless otherwise noted.