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IRS Clarifies That Plans Do Not Necessarily Have to Recoup Overpayments
Calhoun Law Group, P.C.Link to more items from this source
Apr. 27, 2015

"[Rev. Proc. 2015-27] gives two possible alternatives: retroactively amending the plan to conform to the way it was actually operated, or having the employer make up the overpayments.... However, governmental plan trustees will need to consider carefully how to respond to an overpayment situation. In some instances, a plan amendment may require action of a legislature, which may be hard or impossible to obtain in a timely manner. The plan trustee may well have no way to compel an employer to repay overpayments, if it is unwilling to do so."

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