May 28, 2026
DOL Penalties Remain Unchanged for 2026
Category:
Compliance Bulletins
On May 27, 2026, the Department of Labor (DOL) published a statement that they will not make any adjustments to civil money penalties under the Inflation Adjustment Act in 2026, leaving all DOL penalties applicable to employee benefit plans unchanged from their 2025 amounts.
Annual Penalties for 2026 Remain Unchanged
The following updated penalties are applicable to health and welfare plans subject to ERISA.
| Description | 2025 & 2026 Penalty (CURRENT) |
|---|---|
| Failure to file Form 5500 | Up to $2,739 per day |
| Failure of a MEWA to file reports (i.e., M-1) | Up to $1,992 per day |
| Failure to provide CHIP Notice | Up to $145 per day per employee |
| Failure to disclose CHIP/Medicaid coordination to the State | $145 per day per violation (per participant/beneficiary) |
| Failure to provide SBCs | Up to $1,443 per failure |
| Failure to furnish plan documents (including SPDs/SMMs) to DOL on request | $195 per day $1,956 cap per request |
| Genetic information failures | $145 per day (per participant/beneficiary) |
| De minimis failures to meet genetic information requirements | $3,642 minimum |
| Failure to meet genetic information requirements - not de minimis failures | $21,864 minimum |
| Cap on unintentional failures to meet genetic information requirements | $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.
This document is designed to highlight various employee benefit matters of general interest to our readers. It is not intended to interpret laws or regulations, or to address specific client situations. You should not act or rely
on any information contained herein without seeking the advice of an attorney or tax professional. © My Benefit Advisor. All Rights Reserved. CA Insurance License #0G33244
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