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Court Penalizes Employer $41,140 for Failure to Timely Provide Plan Documents
Haynes and Boone, LLP Link to more items from this source
Oct. 8, 2019

"The documents were not provided until 748 days after the ERISA-required 30-day period to provide documents had expired, and then only in response to a lawsuit claiming an ERISA fiduciary breach for misappropriating employee contributions. The federal district court assessed a penalty of $55 per day ... a penalty determined by the court to reflect 'both the egregiousness of the [plan administrator's] misconduct as well as the extraordinary length of delay.' " [Kinsinger v. SmartCore, LLC, No. 17-643 (W.D.N.C. Aug. 27, 2019)]

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