Sec. 322. Penalties for failure to provide notices
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Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended— in paragraph (7)— by striking
(7)The Secretary and inserting (7)(A) The Secretary ; and by adding at the end the following: The Secretary may assess a civil penalty against a plan sponsor of up to $110 per day from the date of the plan administrator’s or sponsor’s failure or refusal to provide the relevant notices under section 101(f) or section 305(b)(4)(D) to a recipient other than the Secretary or the Pension Benefit Guaranty Corporation. For purposes of this paragraph, each violation with respect to any single recipient shall be treated as a separate violation. ; and by adding at the end the following: The Secretary may assess a civil penalty against any plan sponsor of up to $2,140 per day from the date of the plan sponsor’s failure to file with the Secretary or the Pension Benefit Guaranty Corporation the notice required under section 305(b)(4)(D) or with the Pension Benefit Guaranty Corporation the notice required under section 101(f). The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the ERISA agency designated in accordance with subparagraph
(E)of section 305(b)(4) the report under subparagraph
(A)of such section. . Section 502(a)(6) of such Act is amended by striking or
(9)and inserting (9), (10), or
(13).
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Sec. 322
Penalties for failure to provide notices
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