Failure to abide by certain reporting and disclosure obligations could result in civil penalties being assessed by the Department of Labor (DOL). These civil penalties may be adjusted at certain times for inflationary reasons due to enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Below are select inflationary adjustments published by the DOL’s Employee Benefit Security Administration. These amounts are effective for penalties assessed on or after January 15, 2025.
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Inflationary Adjustments
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| 2025 Penalty Amount | 2024 Penalty Amount | |
| Failure or refusal to file the annual Form 5500 return/report | Up to $2,739 per day | Up to $2,670 per day |
| Failure to file Form M-1 (required of MEWAs) | Up to $1,992 per day | Up to $1,942 per day |
| Failure to provide Summary of Benefits and Coverage (SBC) | Up to $1,443 per failure | Up to $1,406 per failure |
| Failure to notify employees of Children’s Health Insurance Program (CHIP) coverage opportunities | Up to $145 per day | Up to $141 per day |
| Failure to furnish plan documents (including SPDSs/SMMs) to DOL on request | $195 per day
$1,956 cap per request |
$190 per day
$1,906 cap per request |
| Genetic information violation | $151/day per participant/beneficiary
during violation period |
$141/day per participant/beneficiary
during violation period |
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