The Department of Labor released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, for certain health and welfare plan violations. The DOL is required to update civil penalty amounts each year by January 15th to reflect the effect of inflation.
The table below shows the previous penalty amounts for ERISA violations and the new inflation-adjusted penalty amounts effective January 15, 2024.
| ERISA Penalty Statute | Description of
ERISA Violations Subject to Penalty |
Prior Penalty Amount |
New Penalty Amount |
| ERISA § 502(c)(2) | Failure or refusal to file annual report (Form 5500) | Up to $2,586 per day | Up to $2,670 per day |
| ERISA §502(c)(5) | Failure of a Multiple Employer Welfare Arrangement (MEWA) to file report required under ERISA | Up to $1,881 per day | Up to $1,942 per day |
| ERISA §502(c)(6) | Failure to furnish, within 30 days, information requested by DOL under ERISA | Up to $184 per day, not to exceed $1,846 per request | Up to $190 per day, not to exceed $1,906 per request |
| ERISA §502(c)(9)(A) | Failure to inform employees of CHIP coverage opportunities | Up to $137 per day per employee | Up to $141 per day per employee |
| ERISA §502(c)(9)(B) | Failure by a plan administrator to timely provide to any State information required to be disclosed under ERISA, regarding coverage coordination. | Up to $137 per day per individual | Up to $141 per day per individual |
| ERISA §502(c)(10) (B)(i) | Failure by any plan sponsor of a group health plan, or any health insurance issuer, to meet the requirements of ERISA with respect to genetic information. | $137 per day during non-compliance period | $141 per day during non-compliance period |
| ERISA §502(c)(10) (C)(i) | Minimum penalty for de minimis failure to meet genetic information requirements that is not corrected prior to notice from DOL. | $3,439 minimum | $3,550 minimum |
| ERISA §502(c)(10)(C)(ii) | Minimum penalty for non-de minimis failure to meet genetic information requirements that is not corrected prior to notice from DOL. | $20,641 minimum | $21,310 minimum |
| ERISA §502(c)(10)(D) (iii)(II) | Cap on unintentional failure to meet genetic information requirements. | $688,012 maximum | $710,310 maximum |
| ERISA §715 | Failure to provide Summary of Benefits Coverage | Up to $1,362 per failure | Up to $1,406 per failure |
DOL’s final rule is available at: https://www.govinfo.gov/content/pkg/FR-2024-01-11/pdf/2024-00253.pdf