ERISA Penalty Statute

Description of ERISA Violations Subject to Penalty

Current Penalty Amount

New Penalty Amount

ERISA §209(b)

Failure to furnish reports (e.g., pension benefit statements) to certain former participants and beneficiaries or maintain records.

Up to $11 per employee

Up to $28 per employee

ERISA §502(c)(2)

• Failure or refusal to file annual report (Form 5500) required by ERISA §104; and

• Failure of a multiemployer plan to certify endangered or critical status under ERISA §305(b)(3)(C) treated as failure to file annual report.

Up to $1,100 per day

Up to $2,063 per day

ERISA §502(c)(4)

• Failure to notify participants under ERISA §101(j) of certain benefit restrictions and/or limitations arising under Internal Revenue Code §436;

• Failure to furnish certain multiemployer plan financial and actuarial reports upon request under ERISA §101(k);

• Failure to furnish estimate of withdrawal liability
upon request under ERISA §101(l); and

• Failure to furnish automatic contribution arrangement notice under ERISA §514(e)(3).

Up to $1,000

per day

Up to $1,632

per day

ERISA §502(c)(5)

Failure of a multiple employer welfare arrangement
to file report required by regulations issued under
ERISA §101(g).

Up to $1,100

per day

Up to $1,502

per day

ERISA §502(c)(6)

Failure to furnish information requested by Secretary of Labor under ERISA §104(a)(6).

Up to $110 per day not to exceed $1,100 per request

Up to $147 per day not to exceed $1,472 per request

ERISA §502(c)(7)

Failure to furnish a blackout notice under ERISA §101(i) or notice of the right to divest employer securities under ERISA §101(m).

Up to $100 per day

Up to $131 per day

ERISA §502(c)(8)

Failure by a plan sponsor of a multiemployer plan in endangered status to adopt a funding improvement plan or a multiemployer plan in critical status to adopt a rehabilitation plan. Penalty also applies to a plan sponsor of an endangered status plan (other than a seriously endangered plan) that fails to meet its benchmark by the end of the funding improvement period.

Up to $1,100 per day

Up to $1,296 per day

ERISA §502(c)(9)(A)

Failure by an employer to inform employees of CHIP coverage opportunities under ERISA §701(f)(3)(B)(i)(I) – each employee a separate violation.

Up to $100 per day

Up to $110 per day

ERISA §502(c)(9)(B)

Failure by a plan administrator to timely provide to any State the information required to be disclosed under ERISA §701(f)(3)(B)(ii), regarding coverage coordination –  each participant/beneficiary a separate violation.

Up to $100 per day

Up to $110 per day

ERISA §502(c)(10)(B)(i)

Failure by any plan sponsor of a group health plan, or any health insurance issuer offering health insurance coverage in connection with the plan, to meet the requirements of ERISA §§702(a)(l)(F), (b)(3), (c) or (d); or §701; or §702(b)(1) with respect to genetic information.

$100 per day during non- compliance period

$110 per day during non- compliance period

ERISA §502(c)(10)(C)(i)

Minimum penalty for de minimis failures to meet genetic information requirements not corrected prior to notice from Secretary of Labor.

$2,500 minimum

$2,745 minimum

ERISA §502(c)(10)(C)(ii)

Minimum penalty for failures to meet genetic information requirements which are not corrected prior to notice from Secretary of Labor and are not de minimis.

$15,000 minimum

$16,473 minimum

ERISA      §502(c)(10)(D) (iii)(II)

Cap on unintentional failures to meet genetic information requirements.

$500,000 maximum

$549,095 maximum

ERISA §502(c)(12)

Failure of CSEC plan sponsor to establish or update a funding restoration plan.

Up to $100  per day

Up to $100  per day

ERISA §502(m)

Distribution prohibited by ERISA §206(e).

Up to $10,000 per distribution

Up to $15,909  per distribution

ERISA §715

Failure to provide Summary of Benefits Coverage under Public Health Services Act §2715(f), as incorporated into ERISA §715 and 29 CFR 2590.715-2715(e).  

Up to $1,000 per failure

Up to $1,087 per failure