The Department of Labor (“DOL”) has released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2025 for certain health and welfare plan violations. DOL is required to update these civil penalty amounts each year 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 for penalties assessed after January 15, 2025.
| ERISA Penalty Statute | Description ofERISA Violations Subject to Penalty | 2025 Penalty Amount |
2024 Penalty Amount |
| ERISA § 502(c)(2) | Failure or refusal to file annual report (Form 5500) | Up to $2,739 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 $1,992 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 $195 per day, not to exceed $1,956 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 $145 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 $145 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. | $145 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. | $3,642 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. | $21,864 minimum | $21,310 minimum |
| ERISA §502(c)(10)(D) (iii)(II) | Cap on unintentional failure to meet genetic information requirements. | $728,764 maximum | $710,310 maximum |
| ERISA §715 | Failure to provide Summary of Benefits Coverage | Up to $1,443 per failure | Up to $1,406 per failure |