What is the ERISA penalty on a failure to furnish requested documents?

[Peter Gulia]

What is the ERISA penalty on a failure to furnish requested documents? Still $110 a day? Or inflation-adjusted again?

[fmsinc]

Furnish them to who?  

[DR245]

Would it be employees not receiving proper documents regarding the plan in place?

[CuseFan]

This is the language from FTW SPD and still shows $110. 

Enforcing Your Rights

If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator.

If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in Federal court. If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

[Peter Gulia]

The answer to my query is in a BenefitsLink discussion 2½ years ago. Paul I won the day.

The penalty’s up-to amount remains $110.

https://benefitslink.com/boards/topic/70445-what-is-the-penalty-amount-to-show-in-an-erisa-rights-notice/; 29 C.F.R. § 2575.502c-1 https://www.ecfr.gov/current/title-29/section-2575.502c-1, 62:45 Federal Register 40696 (July 29, 1997).

The penalty is on an administrator’s failure or refusal to furnish ERISA-required information a participant or beneficiary requested. ERISA § 502(c)(1) [29 U.S.C. § 1132(c)(1)].