The Department of Labor increased monetary penalties for a number of ERISA violations. Increased penalties became effective August 1, and will be annually adjusted for inflation on January 15 each year.
| 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) |
|
Up to $1,100 per day | Up to $2,063 per day |
| ERISA § 502(c)(4) |
|
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 section 101(i) of ERISA or notice of the right to divest employer securities under section 101(m) of ERISA. | 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 endagered 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 a 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)(l) 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) of ERISA. | 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 section 2715(f), as incorporated into ERISA section § 715 and 29 CFR 2590.715-2715(e). | Up to $1,000 per failure | Up to $1,087 per failure |
