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SECURE 2.0 Overpayment Provisions Now Effective
Cheiron Link to more items from this source
[Guidance Overview]
Jan. 9, 2023

"The effective date of the changes is December 29, 2022....[N]ew section 206(h) [of] ERISA ... provides relief for fiduciaries who might otherwise feel compelled to pursue recoupment of overpayments. The law also provides important protections for participants and beneficiaries from plans seeking to recoup overpayments particularly after benefit payments have been made for many years.... New Code section 414(aa) provides ... explicit permission for the plan sponsor to amend the plan to increase past, or decrease future, benefit payments to affected participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments."

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