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Violation of SAR reporting - actionable by Participant?


Guest KoreAmBear

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Guest KoreAmBear

If a Plan Sponsor fails to provide SARs to Plan participants for many years, is this violation of ERISA § 104(b)(3) only subject to penalties by the Secretary of Labor, or can participants also bring an action for civil damages?

Section 502©(1) of ERISA seems not to provide participants with this remedy, just only for documents requests and sections 101(e)(1)[notice of transfer of excess pension assets to health benefits accounts] and 101(f)[multiempoyer DB plan funding notices]. Am I missing something?

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