DOL ERISA Plan Penalties Increase for 2022

Violation

2021 Penalty Amounts

2022 Penalty Amounts

Failure or refusal to file an annual report (Form 5500) with the DOL (unless a filing exemption applies)

Up to $2,259 per day

Up to $2,400 per day

Failure of a multiple employer welfare arrangement (MEWA) to file an annual report (Form M-1) with the DOL

Up to $1,644 per day

Up to $1,746 per day

Failure to furnish plan-related information requested by the DOL

Up to $161 per day, not to exceed $1,613 per request

Up to $171 per day, not to exceed $1,713 per request

Failure to provide the annual notice* regarding Children's Health Insurance Program (CHIP) coverage opportunities

Up to $120 per day for each failure**

Up to $127 per day for each failure**

Failure to timely disclose information to a state regarding group health plan coverage of an individual who is covered under a Medicaid or CHIP plan

Up to $120 per day for each failure**

Up to $127 per day for each failure**

Failure to provide Summary of Benefits and Coverage (SBC)

Up to $1,190 per failure

Up to $1,264 per failure

Genetic Information Nondiscrimination Act (GINA) failures

- Failure to comply with the requirements GINA for health plans

$120 per participant or beneficiary per day

$127 per participant or beneficiary per day

- De minimis GINA failures not corrected prior to notice from the DOL

$3,005 per participant (minimum)

$3,192 per participant (minimum)

- GINA failures which are not corrected prior to notice from the DOL and are not de minimis

$18,035 per participant (minimum)

$19,157 per participant (minimum)

- GINA failure penalty cap on unintentional failures

$601,152

$638,556