---
kind: "section"
citation: "5 C.F.R. § 846.401"
title: "5"
number: "846.401"
heading: "Refunds of excess contributions."
url: "https://uscodex.org/cfr/5/846.401"
---

# §846.401. Refunds of excess contributions.

- (a) An individual who elects FERS coverage is entitled to a refund of CSRS contributions made prior to the effective date of the election for service that is subject to FERS computation under [§ 846.304(c)](/cfr/5/846.304.md?p=c) (if not already refunded) which exceed the contributions required under FERS, as provided by this section.
- (b) **The refund is equal to—**
  - (1) For service described in [§ 846.302(a)](/cfr/5/846.302.md?p=a) and performed on or after January 1, 1984, and before January 1, 1987, the amount by which the amount contributed exceeds 1.3 percent of basic pay;
  - (2) For service described in [§ 846.302(a)](/cfr/5/846.302.md?p=a) and performed on or after January 1, 1987, the amount by which the amount contributed exceeds the amount required under [§ 841.503](/cfr/5/841.503.md) of this chapter; and
  - (3) For service described in [§ 846.302(b)](/cfr/5/846.302.md?p=b), the amount by which the amount contributed exceeds 1.3 percent of basic pay.
- (c) A refund made under this section is payable with interest computed as prescribed under § [831.105 (d)](/cfr/5/831.105.md?p=d) and [(e)](/cfr/5/831.105.md?p=e) of this chapter. Interest is payable regardless of the length of the period of service for which refund is being made or the total amount of service the employee has.
- (d) A refund described in this section is payable upon the receipt of an application by OPM or its designee.

## Notes

### Authority

Authority: 5 U.S.C. 8347(a) and 8461(g) and Title III of Pub. L. 99-335, 100 Stat. 517; Sec. 846.201(b) also issued under 5 U.S.C. 7701(b)(2) and section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 846.201(d) also issued under section 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 846.201(d) also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 846.202 also issued under section 301(d)(3) of Pub. L. 99-335, 100 Stat. 517; Sec. 846.204(b) also issued under Title II, Pub. L. 106-265, 114 Stat. 778; Sec. 846.726 also issued under 5 U.S.C. 1104; subpart G also issued under section 642 of Pub. L. 105-61, 111 Stat. 1272.

### Source

Source: 52 FR 19235, May 21, 1987, unless otherwise noted.