The DOL released the 2020 annual adjustments to the civil monetary penalties for benefit-related violations. The adjustments are effective for penalties assessed after January 15, 2020, with respect to violations occurring after November 2, 2015.
- Form 5500 – The maximum penalty for failing to file Form 5500 (which must be filed annually for most ERISA plans) increased to $2,233 per day that the filing is late.
- Summary of Benefits and Coverage (SBC) – The maximum penalty for failing to provide the SBC increased to $1,156 per failure.
- Other Group Health Plan Penalties – Violations of the Genetic Information Nondiscrimination Act (GINA), such as establishing eligibility rules based on genetic information and failures relating to disclosures regarding the availability of Medicaid or children’s health insurance program (CHIP) assistance, may result in penalties of $119 per participant per day.
- Multiple Employer Welfare Arrangement (MEWA) Filing – Penalties for failure to meet filing requirements, including the annual Form M-1 filings and filings upon origination, increase to $1,625 per day.
Adjustments have also been made to other benefit-related DOL penalties, such as for failure to provide certain information requested by the DOL. For additional information contact Elizabeth Ysla Leight, Director of Government Relations or go to the DOL website.
Additional information is available at https://www.govinfo.gov/content/pkg/FR-2020-01-15/pdf/2020-00486.pdf