Like most things in the new year, the cost of ERISA penalties for employee benefit plan violations is going up. The Employee Benefits Security Administration (EBSA) adjusted the penalty amounts for violations after January 14, 2022. The adjustments occur annually and are indexed for inflation, so while the adjustment itself isn’t a new development, the increased penalty amounts are something Atlanta plan sponsors need to be aware of. Now, it is important to note these amounts represent the maximum fine that can be levied, but the Department of Labor (DOL) reserves the right to make adjustments based on specific circumstances. In any case, the best policy is to maintain compliance with relevant regulations. To help clients, prospects, and others, Wilson Lewis has provided a summary of the key information below.
Penalties weren’t always adjusted annually for inflation. It’s a newer development signed into law in 2015. The Inflation Adjustment Act (Inflation Act) mandated federal agencies to adjust civil penalties and update the Federal Register by January 15 every year. The changes are partially based on the Consumer Price Index (CPI-U) in October, which means that 2022 penalty amounts are increased by a multiplier of 1.06222, or the October 2021 CPI-U.
The following is an excerpt of adjusted penalties for specific plan violations. For the full list or with questions specific to a plan, contact us.
Filing and Reporting
Recordkeeping
Participant Communications
Plan Eligibility
Financial
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Atlanta plan sponsors need to regularly review plan operations to ensure compliance with plan documents and regulations. Issues generally tend to surface during the annual retirement plan audit, but it is ideal to catch them before that time. If you have questions about the information outlined above or need assistance with your annual 401k plan audit, Wilson Lewis can help. For additional information call us at 770-476-1004 or click here to contact us. We look forward to speaking with you soon.
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