DOL Updates 2023 Penalty Amounts

The Department of Labor has announced updated penalty amounts for violations assessed a penalty after January 15, 2023.  Below is a table of some of the civil monetary penalties relevant to employee benefit plans.  The DOL can waive penalties or assess lower penalties than these when they determine the employer has acted in good faith to promptly identify and correct errors it discovers.  We’ll use some acronyms in the table, but you can certainly reach out to your Bolton Benefits team if you would like to discuss any of these.

Requirement 2022 Penalty 2023 Penalty
Filing Form 5500 $2,400 per day it’s late $2,586 per day it’s late
Furnishing SBCs $1,264 per failure $1,362 per failure
GINA violations $127 per person per day $137 per person per day
Medicaid/CHIP notice $127 per person per day $137 per person per day
MEWA M-1 Filing $1,746 per day it’s late $1,881 per day it’s late

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