Sec. 307. Guidance related to certain overpayment recoupment practices
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Not later than December 31, 2018, the Secretary of the Treasury shall further modify the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2018–52 or any successor guidance, and modified by section 118 of this Act)— to clarify that in no case shall any person be required to seek recoupment of an inadvertent overpayment (as defined in such System) from a participant or beneficiary; and except as otherwise provided by such Secretary based on the size of the overpayment, to treat a contribution of an inadvertent overpayment which would qualify as a rollover under section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16) of the Internal Revenue Code of 1986 but for the fact that it is an overpayment as a rollover contribution for all purposes under such Code.
No inference is intended regarding the existence in any particular situation of an obligation for any person to pay a plan for an overpayment. Not later than December 31, 2018, the Secretary of Labor shall prescribe rules under which no fiduciary of a plan shall have a duty under part 4 of title I of the Employee Retirement Income Security Act of 1974 to seek recoupment from a participant or beneficiary of an inadvertent overpayment (within the meaning of such term as used in subsection (a)), provided that, if a repayment is required, such overpayment is paid back by the plan sponsor or other person.
Effective for overpayments made to a participant or beneficiary after December 31, 2018, the Pension Benefit Guaranty Corporation shall not reduce future payments with respect to the same participant or beneficiary by more than 10 percent in recouping such overpayment.