Final Rule for ERISA Civil Penalties Due to Pension Non-Disclosure

The U.S. Dept. of Labor has issued a final regulation establishing procedures that assess civil penalties under the Employee Retirement Income Security Act against benefit plan administrators and sponsors for not disclosing certain plan information and documents to participants and beneficiaries.

The plan administrator of a single-employer defined benefit pension plan must provide written notice of limitations on benefits and benefit accruals to participants and beneficiaries within 30 days after a plan becomes subject to ERISA. The plan administrator of a multiemployer pension plan must, upon written request, furnish certain documents to any plan participant, beneficiary, employee representative, or any employer that has an obligation to contribute to the plan. The final rule provides the DOL with the authority to assess civil penalties of not more than $1,000 a day for each violation.