DOL Announces Increased ERISA Penalties 2021

DOL Announces Increased ERISA Penalties 2021

Compliance Fines & Penalties (2021)


Depending on the compliance violation the Department of Labor (DOL), Internal Revenue Service (IRS) or Department of Health & Human Services (HHS) may impose fines or penalties. Below are a few possible examples.

Failure to provide written requested ERISA plan documents, Summary Plan Descriptions,

Summary of material modifications, etc.


$119 per day up to $594,129




Late 5500 Report

$25 per day up to $15,000 – IRS

$1,100 per day, no cap – DOL



Failure to File annual 5500 Report

$2,259 per day


Failure to furnish statement of benefits or to

maintain records


$31 per employee



Failure to notify plan participants of benefit

restrictions and/or limitations


$1,788 per day



Failure to furnish automatic contribution

arrangement notice


$1,788 per day



Failure to furnish employee benefit plan

documents to DOL upon request

$161 per day up to $1,613 per




Failure to inform employees of Medicaid/CHIP

coverage opportunities


$120 per day per employee




GINA violation


$120 per day per participant



Failure to provide Summary of Benefits Coverage



Up to $1,190 per failure



FMLA posting & notice violation

$176 for each offence


Allowing premiums to be paid on a pre-tax basis for covered benefits without having either a Premium Only Plan (POP) document or Flexible

Spending Account (FSA) document.

Penalty: Employer can lose the ability to allow premiums on a

pre-tax basis.





HIPAA violations

$119 to $59,522 per violation up to




MEWA – failure or refusal to file a complete or

accurate Form M-1


$1,644 a day



Other – This is only a partial list of possible fines

and penalties


Download Compliance Fines and Penalties Chart


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