Brief Case

29 C.F.R. § 4022.81

General rules.
CFR 1997 annual edition (revised as of 1997-07-01) · superseded Jul 1, 1998
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The earliest stored text of this section is effective Jul 1, 1997. Showing that version.
(a) Recoupment of benefit overpayments. If at any time the PBGC determines that net benefits paid with respect to any participant in a PBGC-trusteed plan exceed the total amount to which the participant or his or her beneficiary is entitled up to that time under title IV of ERISA, and the participant or beneficiary is entitled to receive future benefit payments, the PBGC shall recoup the overpayment in accordance with paragraph (c) of this section and § 4022.82. Notwithstanding the previous sentence, the PBGC may, in its discretion, recover overpayments by methods other than recouping in accordance with the rules in this subpart. The PBGC will not normally exercise this right unless net benefits paid after the termination date exceed those to which a participant or beneficiary is entitled under the terms of the plan before any reductions under subpart D.
(b) Reimbursement of benefit underpayments. If at any time the PBGC determines that net benefits paid with respect to a participant in a PBGC-trusteed plan are less than the amount to which the participant or his or her beneficiary is entitled up to that time under title IV of ERISA, the PBGC shall reimburse the participant or beneficiary for the net underpayment in accordance with paragraphs (c) and (d) of this section and § 4022.83.
(c) Payments subject to recoupment or reimbursement. The PBGC shall recoup net overpayments and reimburse net underpayments made on or after the latest of the proposed termination date, the termination date, or, if no notice of intent to terminate was issued, the date on which proceedings to terminate the plan are instituted pursuant to section 4042 of ERISA.
(d) Interest. The PBGC will compute interest on overpayments and underpayments using the interest rate established for valuing immediate annuities as set forth in part 4044, appendix B, of this chapter according to the following rules:
(1) Overpayments before recoupment begins. Except as provided in paragraph (d)(2), no interest is charged on overpayments from the date of the payment to the date on which recoupment begins.
(2) Receipt of both overpayments and underpayments. If both benefit overpayments and benefit underpayments are made with respect to a participant, the PBGC will determine the amount of the net overpayment or underpayment by charging or crediting interest on each payment from the first day of the month after the date of payment to the first day of the month in which recoupment begins. If the net overpayment thus computed is greater than the sum of the actual overpayments (unadjusted for interest to the date on which recoupment begins), computations under § 4022.82 will be based upon the sum of the actual overpayments.
29 C.F.R. § 4022.81 — General rules. · CFR 1997 annual edition (revised as of 1997-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4022.81&asof=1995-01-04 · printed Oct 16, 2026
On this page
  • (a) Recoupment of benefit overpayments.
  • (b) Reimbursement of benefit underpayments.
  • (c) Payments subject to recoupment or reimbursement.
  • (d) Interest.
Implements
ERISA § 4022 (29 U.S.C. § 1322) Single-employer plan benefits guaranteed
Cited by (code & regs)
Guidance addressing this section
PBGC
Proposed Rules
  • 91 FR 40954Proposed Jul 6, 2026 — Improvements to Rules on Recoupment of Benefit Overpayments Comments due Sep 4, 2026 (a)(d)
Also cited in 1 other documents
PBGC
Final Rules
  • 76 FR 34590 Jun 14, 2011 — Bankruptcy Filing Date Treated as Plan Termination Date for Certain Purposes; Guaranteed Benefits; Allocation of Plan Assets; Pension Protection Act of 2006 (c)(1)(c)(3)

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 1998CFR 1997 annual edition (revised as of 1997-07-01) run 127View
Jul 1, 1998Jun 30, 2002CFR 2001 annual edition (revised as of 2001-07-01) run 12763 FR 29354, May 29, 1998View · Redline (sign in)
Jul 1, 2002Jun 30, 2011CFR 2010 annual edition (revised as of 2010-07-01) run 12767 FR 16956, Apr. 8, 2002View · Redline (sign in)
Jul 1, 2011Jun 30, 2012CFR 2011 annual edition (revised as of 2011-07-01) run 12767 FR 16956, Apr. 8, 2002View · Redline (sign in)
Jul 1, 2012Dec 31, 2016CFR 2016 annual edition (revised as of 2016-07-01) run 12776 FR 34604, June 14, 2011View · Redline (sign in)
Jan 1, 2017Aug 31, 2017eCFR amendment effective 2017-01-01 run 776 FR 34604, June 14, 2011View · Redline (sign in)
Sep 1, 2017currenteCFR editorial change effective 2017-09-01 run 276 FR 34604, June 14, 2011View · Redline (sign in)
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