• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
PAY Logo
  • Benefits
  • Payroll

Benefits Blunder: IRS Notice on Retirement Plan Overpayments

Jennifer Weiss
By: Jennifer Weiss
Read it on Beacon
  • Share on

About the Author

Jennifer keeps readers current on Payroll news, covering topics such as employment taxes, fringe benefits and the Fair Labor Standards Act. She brings over 20 years of experience to the HRMorning staff.

Show Less
Last Updated: January 30, 2025
2 minute engagement
Benefits
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

What should you do if you mistakenly pay out too much for one of your employer-provided benefits, such as your retirement plan?

Plan sponsors have had some uncertainty about that ever since 2022.

That’s when Congress passed the Secure 2.0 Act, and the law added two new sections to the Internal Revenue Code (IRC). They were:

  • Sec. 414(aa), which covers special rules applicable to benefit overpayments, and
  • Sec. 402(c)(12), which concentrates on transfers to eligible retirement plans.

Thanks to recent IRS guidance, plan sponsors now have reassurance as they work to make sure their benefits programs adhere to the IRC.

IRS Starting Point: The Definition

Notice 2024-77 provides details in a question-and-answer format.

First, the IRS notice gives the definition of “inadvertent benefit overpayments” for purposes of sections 414(aa) and 402(c)(12).

It’s an eligible inadvertent failure that occurs due to a payment made from a plan that exceeded the amount payable under the terms of the plan.

Similarly, it may be a payment that’s gone beyond a limit provided in the IRC or regulations.

It can even be a payment made before a distribution is allowed under the IRC or the terms of the plan.

Look at the Benefits Big Picture

A plan sponsor can try to recoup the amount from a participant or beneficiary. In the past, if that effort fell through, the plan sponsor needed to make a corrective payment to fix the overpayment.

Now, failing to make a corrective payment won’t affect your retirement plan’s satisfaction of Sec. 401(a) and Sec. 403 of the IRC.

A word of caution for plan sponsors: Other sections of the IRC should be considered.

For example, perhaps a profit-sharing plan is one of your company’s benefits. Say the reason one plan participant received an inadvertent benefit overpayment was because of an incorrect allocation of a profit-sharing contribution under the plan. Meanwhile, another plan participant came up short. So, a corrective payment may ultimately be needed to fix the problem of the benefit underpayment.

Retirement Plan Rollovers

The IRS guidance also explains some tax implications of an inadvertent benefit overpayment.

Let’s say your company issued such an overpayment and didn’t recoup the funds from the participant or beneficiary.

If the individual rolls over the overpayment pursuant to a direct or 60-day rollover, then the tax-favored status of the amount is retained, as spelled out in IRS Notice 2024-77.

If a payment is transferred from the original plan to a second plan, the money is later recouped and the amount is transferred back to the original plan, they’re both eligible rollover distributions.

This can occur, regardless of the terms of your benefits plan.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
PAY Logo
  • Benefits
  • Payroll
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

Webinars

Every Family Counts: How to Build an Adoption-Friendly Workplace

Provided by Dave Thomas Foundation for Adoption

Webinars

Upskill, Reskill and Retain: How to Future-Proof Your Workforce

Provided by PAYCOM

White Papers

The Six Steps to a Healthy Employee Engagement Program

Provided by Terryberry

White Papers

The High-Risk Pregnancy Gap: Catch Complications Before They Become Claims

Provided by Maven Clinic

SPONSORED CONTENT

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Benefits

Staff Administration

sponsored content
PEO ROI: 3 Numbers to Know Before You Leave Patchwork HR

Courtesy of TRINET

Further Reading

  • Benefits
GLP-1 Benefits Are Growing Fast: The Follow-Up Problem Nobody Talks About

GLP-1 medications and hormone therapies have moved from niche to mainstream. About 19% of large employers now cover GLP-1 drugs used primar...

  • Compensation
  • Payroll
Lifestyle Spending Accounts? 5 Facts Employees Often Miss

Employees may not understand lifestyle spending accounts (LSAs) as well as you think. That can lead to questions or just confusion. This...

  • Benefits
5 Actionable Employee Retention Strategies for Gen Z, Millennial Talent

Gen Z and millennials make up approximately 42% of the American population, according to Statista. If their presence in your workforce is a...

  • Benefits
New Report: DOL Recovers $1.4B From Benefit Plan Violations in FY 2025

EBSA FY 2025 Enforcement Snapshot $1.4B recovered for workers and plans 878 civil investigations closed 253 criminal investigatio...

  • Benefits
Could Personalized Benefits Be Your Retention Secret Weapon?

With open enrollment season not far off, you may be considering enhancements to your organization’s benefits strategy to make your of...

  • Benefits
End of year FSA rush: Help employees deplete their funds before it’s too late

‘Tis the season for end-of-year madness. From wrapping up open enrollment to budgeting for the new year, there are a lot of boxes to chec...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service | HRMorning Insider? Manage your subscription
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.