Common ERISA Penalties by the DOL

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The Department of Labor recently released their inflation-adjusted penalties for ERISA, the Family Medical Leave Act, and the Genetic Information Nondiscrimination Act.

The chart below shows some of the more common penalties assessed from DOL audits.

Failure to provide a summary of benefits and coverage$1,105 per employee
Failure to inform employees of CHIP coverage opportunities$112 per employee per day
Failure to comply with FMLA notice requirements$166 per employee per day
Failure to comply with certain GINA requirements$112 per employee per day
Failure to provide an SPD or plan document$110 per employee per day
Failure to provide documents to the DOL upon request$149 per day, not to exceed $1,496 per request
Failure to file an annual 5500 form$2,097 per day

The new ERISA penalties serve as important reminders to employers who sponsor benefit plans.  Many employers either think they are too small to be audited (not true), or that the medical carriers adhere to all the rules and furnish employees with what is required (not true).  It is for this reason that we have taken on the responsibility to protect our clients by providing them with the proper notices and instructions to maintain compliance.

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