Fact Sheet
U.S. Department of Labor
Employee Benefits Security Administration
January 2024
ADJUSTING ERISA CIVIL MONETARY PENALTIES FOR INFLATION
Background
EBSA is responsible for administering and enforcing the fiduciary, reporting and disclosure provisions of
Title I of the Employee Retirement Income Security Act of 1974 (ERISA). Under Part 5 of Subtitle B of
Title I, EBSA has the authority to assess and collect a number of civil monetary penalties. ERISA civil
monetary penalties are for a specific or maximum dollar amount provided by statute. Percentage based
penalties such as ERISA section 502(l) (violations of fiduciaries) and 502(i) (certain prohibited transactions)
are not civil monetary penalties.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Inflation Act)
requires EBSA to adjust ERISA’s civil monetary penalties annually for inflation. ERISA monetary penalties
assessed by a court (e.g., sections 502(c)(1) and (3)) rather than EBSA are not adjusted for inflation under
the 2015 Inflation Act.
Calculation of Inflation Adjustments
Prior to enactment of the 2015 Inflation Act, EBSA periodically adjusted ERISA civil monetary penalties,
based on the date of violation. The 2015 Inflation Adjustment Act required a one-time catch up inflation
adjustment for post November 2, 2015 violations assessed on or after August 1, 2016 and an annual
adjustment thereafter beginning in 2017. Annual inflation adjustments are based on the percentage increase
in the Consumer Price Index-Urban (CPI-U) for the October preceding the year of the adjustment and the
prior year's October CPI-U. The new penalty amounts generally are published in the Federal Register by
January 15 of the year of adjustment. For example, the percentage increase in the CPI-U from October 2021
to October of 2022 generates the inflation adjustment for penalties assessed the day after the adjustment is
published in the Federal Register in January of 2023.
Current Year Inflation Adjusted Penalty
The table below shows the penalty amounts enforceable by EBSA for penalties assessed after January 15,
2024 for violations occurring after November 2, 2015. See, 89 FR 1810, 1819-1820 available at
https://www.federalregister.gov/documents/2024/01/11/2024-00253/federal-civil-penalties-inflation-
adjustment-
act-annual-adjustments-for-2024.
2
ERISA Penalty Statute
Description of ERISA Violations Subject to Penalty
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 $37 per
employee
ERISA § 502(c)(2)
• Failure or refusal to file annual report (Form 5500)
• Failure of a multiemployer plan to certify endangered or
critical status under ERISA § 305(b)(3)(C) treated as
failure to file annual report.
Up to $2,670 per
day
ERISA § 502(c)(4)
• Failure to notify participants under ERISA § 101(j) of
certain benefit restrictions and/or limitations arising
under Internal Revenue Code § 436;
• Failure to furnish certain multiemployer plan financial
and actuarial reports upon request under ERISA § 101(k);
• Failure to furnish estimate of withdrawal liability upon
request under ERISA § 101(l); and
• Failure to furnish automatic contribution arrangement
notice under ERISA § 514(e)(3).
Each statutory recipient who is not furnished a timely notice
is a separate violation.
Up to $2,112 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 $1,942 per
day
ERISA § 502(c)(6)
Failure to furnish information requested by Secretary of
Labor under ERISA § 104(a)(6).
Up to $190 per
day not to exceed
$1,906 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 $169 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
endangered status plan (other than a seriously endangered
plan) that fails to meet its benchmark by the end of the
funding improvement period.
Up to $1,677 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 $141 per
day per employee
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 coverage coordination – each
participant/beneficiary a separate violation.
Up to $141 per
day per
individual
3
ERISA Penalty Statute
Description of ERISA Violations Subject to Penalty
Penalty Amount
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)(1)(F), (b)(3),(c) or (d); or § 701; or §
702(b)(1) with respect to genetic information.
$141 per day per
failure during
non-co
mpliance
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.
$3,550 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.
$21,310
minimum
ERISA §
502(c)(10)(D)(iii)(II)
Cap on unintentional failures to meet genetic information
requirements.
$710,310
maximum
ERISA § 502(c)(12)
Failure of CSEC plan sponsor to establish or update a
funding restoration plan.
Up to $130 per
day
ERISA § 502(m)
Distribution prohibited by ERISA § 206(e).
Up to $20,579
per distribution
ERISA § 715
Failure to provide a participant or beneficiary a 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 $1,406 per
failure
Where to Find Inflation Adjustments for Prior Years
See the table below to locate the relevant inflation adjusted penalty amount for prior years:
Violation occurring
Penalty assessed
On or before November 2, 2015
Date of violation not date of assessment
determines penalty amount.
After November 2, 2015
On or before August 1, 2016
After November 2, 2015
After August 1, 2016, but on or before
January 13, 2017
After November 2, 2015
After January 13, 2017 but on or before
January 2, 2018
After November 2, 2015
After January 2, 2018 but on or before
January 23, 2019
After November 2, 2015
After January 23, 2019 but on or before
January 15, 2020
4
Violation occurring
Penalty assessed
After November 2, 2015
After January 15, 2020 but on or before
January 15, 2021
After November 2, 2015
After January 15, 2021 but on or before
January 15, 2022
After November 2, 2015
After January 15, 2022 but on or before
January 15, 2023
After November 2, 2025
After January 15, 2023 but on or before
January 15, 2024