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Congress' Attempt at Plan Administration Creates Overpayment Conflict
Graydon Link to more items from this source
[Guidance Overview]
Jan. 31, 2023

"Section 301 of [SECURE 2.0] addresses correction of plan overpayments and amends sections of both ERISA and the Code. These additions codify the IRS' established correction principles and create new requirements ... [P]lan administrators could find themselves in the position where they are both required to correct a plan overpayment to maintain plan qualification status under the Code, but are prohibited from correcting the same overpayment without breaching their fiduciary duties under ERISA."

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