The Department of Labor (“DOL”) has published the annual adjustments for 2025 that increase certain penalties applicable to employee benefit plans.
Annual Penalty Adjustments for 2025
The following updated penalties are applicable to health and welfare plans subject to ERISA.
| Description | 2024 Penalty (OLD) | 2025 Penalty (NEW) |
|---|---|---|
| Failure to file Form 5500 | Up to $2,670 per day | Up to $2,739 per day |
| Failure of a MEWA to file reports (i.e., M-1) | Up to $1,942 per day | Up to $1,992 per day |
| Failure to provide CHIP Notice | Up to $141 per day per employee | Up to $145 per day per employee |
| Failure to disclose CHIP/Medicaid coordination to the State | $141 per day per violation (per participant/beneficiary) | $145 per day per violation (per participant/beneficiary) |
| Failure to provide SBCs | Up to $1,406 per failure | Up to $1,443 per failure |
| Failure to furnish plan documents (including SPDs/SMMs) to DOL on request | $190 per day $1,906 cap per request |
$195 per day $1,956 cap per request |
| Genetic information failures | $141 per day (per participant/beneficiary) | $145 per day (per participant/beneficiary) |
| De minimis failures to meet genetic information requirements | $3,550 minimum | $3,642 minimum |
| Failure to meet genetic information requirements – not de minimis failures | $21,310 minimum | $21,864 minimum |
| Cap on unintentional failures to meet genetic information requirements | $710,310 maximum | $728,764 maximum |
Employer Action
Private employers, including non-profits, should ensure employees receive required notices timely (SBC, CHIP, SPD, etc.) to prevent civil penalty assessments. In addition, employers should ensure Form 5500s are properly and timely filed, if applicable. Finally, employers facing document requests from EBSA should ensure documents are provided timely, as requested.