,,ii #aahth ,,congress #b;d ,session ,s4 #cfhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjbd,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,employee ,retirement ,income ,security ,act of #aigd to clarify the obligation of the ,pension ,benefit ,guarantee ,corporation to reclaim any overpayment of special financial assistance payment under the ,american ,rescue ,plan ,act of #bjba1 including amounts paid on behalf of a deceased participant or beneficiary1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ghost ,handouts and ,overpayments ,stop ,today ,act or the ,,ghost ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,pension ,benefit ,guaranty ,corporation has the authority and responsibility to recover taxpayer funded benefits disbursed by the corporation in error1 including any amount disbursed to fund benefits for participants or beneficiaries who are deceased as of the date of the disbursement4 7#b7 ,the ,pension ,benefit ,guaranty ,corporation is obligated to ensure1 through strong accounting processes and controls and using the resources available 7and should follow procedures recommended by the ,office of the ,inspector ,general and verify census data for multiemployer plans that will receive or have received special financial assistance71 that taxpayer money is not wasted4 7#c7 ,the ,pension ,benefit ,guaranty ,corporation is obligated to audit1 investigate1 and resolve any discrepancies in census data for all special financial assistance plans1 including through matching data for participants and beneficiaries to data that resides in the ,social ,security ,administration's ,death ,master ,file4 7#d7 ,multiemployer plans are obligated to remit to the ,pension ,benefit ,guaranty ,corporation1 and the corporation is obligated to take all steps necessary to ensure full recovery of1 the amount of any special financial assistance payment made to a multiemployer plan as a result of an error and the amount of any special financial assistance payment attributable to any deceased participants or beneficiaries1 and the associated earnings thereon4 #c4 ,recovery of overpayments 7a7 ,in general ,section #dbfb of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aajd7 is amended by adding at the end the following3 7o7 ,recovery 7#a7 ,in general ,if the corporation makes a determination that an overpayment of special financial assistance1 including an overpayment of special financial assistance described in paragraph 7#b77;,a71 was made under this section1 the applicable multiemployer plan 7or a successor plan7 shall pay1 not later than #cj days after the date of such determination1 to the corporation an amount equal to the total amount of overpayment of special financial assistance to the applicable multiemployer plan1 adjusted by the corporation for interest 7using the interest rate used in determining the amount of special financial assistance under subsection 7e77#b77 for the period beginning on the date on which the special financial assistance was provided to such plan and ending on the date that such plan makes the payment required under this paragraph4 7#b7 ,recovery in case of deceased participant or beneficiary 7,a7 ,determination ,not later than #de days after the later of the date on which an audit conducted under subparagraph 7,b7 is complete or the date on which the hearing described in subparagraph 7,c7 occurs1 the corporation shall make a determination of the total amount of special financial assistance paid to the applicable multiemployer plan on behalf of participants or beneficiaries determined to be deceased1 which shall be deemed an overpayment of special financial assistance4 7,b7 ,audit 7i7 ,in general ,not later than #f months after the date of enactment of this subsection or1 in the case of an eligible multiemployer plan to which special financial assistance is provided under this section after the date of enactment of this subsection1 #f months after the date on which such assistance is provided1 the corporation shall audit the census data maintained by an eligible multiemployer plan to which such assistance was provided to determine-- 7,i7 whether any of such assistance was provided on behalf of a participant or beneficiary who was deceased as of the date such assistance was provided2 and 7,,ii7 the total amount of special financial assistance paid to such plan on behalf of participants or beneficiaries described in subclause 7,i74 7ii7 ,process ,in conducting an audit under clause 7i71 the corporation shall-- 7,i7 follow a process recommended by the ,office of the ,inspector ,general of the ,pension ,benefit ,guaranty ,corporation1 including the recommendations in the white paper issued by such ,office entitled ,detecting ,fraud and ,improper ,payments ,involving ,deceased ,participants and dated ,march #i1 #bjah2 and 7,,ii7 match census data with the information on records of death maintained by the ,social ,security ,administration under section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r774 7iii7 ,review ,the ,office of the ,inspector ,general of the ,pension ,benefit ,guaranty ,corporation shall review an audit conducted under clause 7i7 prior to such audit being provided to an eligible multiemployer plan under paragraph 7,c74 7,c7 ,hearing 7i7 ,notice ,not later than #aj days after the completion of an audit under subparagraph 7,b71 the corporation shall provide to the eligible multiemployer plan 7or a successor plan7 the following information3 7,i7 ,a list of participants or beneficiaries on behalf of whom assistance was provided as described in subparagraph 7,b77i77,i74 7,,ii7 ,the total amount of financial assistance paid as described in subparagraph 7,b77i77,,ii74 7ii7 ,hearing ,the corporation shall provide an eligible employer plan with the opportunity for a hearing-- 7,i7 which shall1 unless extenuating circumstances 7as determined by the corporation7 exist1 occur not later than #fj days after the information described in clause 7i7 is provided to the plan2 and 7,,ii7 at which such plan may demonstrate that a participant or beneficiary is alive4 7#c7 ,transfer to general fund ,any amount paid under paragraph 7#a71 or any other payment that represents a voluntary return of a special financial assistance payment1 shall be transferred to the general fund of the ,treasury4 7p7 ,payments from applicable multiemployer plans ,the corporation shall accept any payment 7including a payment required under subsection 7o77#a77 made to such corporation by an eligible multiemployer plan4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to overpayments of special financial assistance under section #dbfb of the ,employment ,retirement ,income ,security ,act 7#bi ,u4,s4,c4 #aajd7 occurring before1 on1 or after the date of enactment of this ,act4