---
kind: "section"
citation: "29 C.F.R. § 2575.2"
title: "29"
number: "2575.2"
heading: "Catch-up adjustments to civil monetary penalties."
url: "https://uscodex.org/cfr/29/2575.2"
---

# §2575.2. Catch-up adjustments to civil monetary penalties.


The civil monetary penalties set forth in [paragraphs (a) through (m)](#a..m) of this section are adjusted for inflation as required by section 4(b)(1) of the Inflation Adjustment Act and [29 CFR 2575.1](/cfr/29/2575.1.md) as follows:

- (a) The civil monetary penalty of $10 for each employee established by [section 209(b)](/cfr/29/209.md?p=b) of ERISA, is adjusted to $11 for violations occurring after July 29, 1997, for which a penalty is assessed before August 1, 2016 and to $28 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (b) The civil monetary penalty of up to $1,000 established by [Section 502(c)(2)](/cfr/29/502.md?p=c-2) of ERISA is adjusted to $1,100 for violations occurring after July 29, 1997, for which a penalty is assessed before August 1, 2016, and to $2,063 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (c) The civil monetary penalty of up to $1,000 established by [section 502(c)(4)](/cfr/29/502.md?p=c-4) of ERISA is adjusted to $1,632 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (d) The civil monetary penalty of up to $1,000 established by [Section 502(c)(5)](/cfr/29/502.md?p=c-5) of ERISA is adjusted to $1,100 for violations occurring after March 24, 2003, for which a penalty is assessed before August 1, 2016, and to $1,502 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (e) The civil monetary penalty of up to $100 not to exceed $1,000 per request, established by [section 502(c)(6)](/cfr/29/502.md?p=c-6) of ERISA, is adjusted to $110 not to exceed $1,100 per request for violations occurring after March 24, 2003, for which a penalty is assessed before August 1, 2016, and to $147 not to exceed $1,472 per request for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (f) The civil monetary penalty of up to $100 established by [section 502(c)(7)](/cfr/29/502.md?p=c-7) of ERISA is adjusted to $131 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (g) The civil monetary penalty of up to $1,100 established by [section 502(c)(8)](/cfr/29/502.md?p=c-8) of ERISA is adjusted to $1,296 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (h) The civil monetary penalty of up to $100 established by [section 502(c)(9)(A)](/cfr/29/502.md?p=c-9-A) of ERISA is adjusted to $110 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (i) The civil monetary penalty of up to $100 established by [section 502(c)(9)(B)](/cfr/29/502.md?p=c-9-B) of ERISA is adjusted to $110 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (j) The civil monetary penalties established by [section 502(c)(10)](/cfr/29/502.md?p=c-10) of ERISA are adjusted in accordance with [paragraphs (j)(1) through (4)](#j-1..j-4) of this section:
  - (1) The $100 civil monetary penalty of [section 502(c)(10)(B)(i)](/cfr/29/502.md?p=c-10-B-i) of ERISA is adjusted to $110 to for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md);
  - (2) The $2,500 minimum civil monetary penalty of [section 502(c)(10)(C)(i)](/cfr/29/502.md?p=c-10-C-i) of ERISA for de minimis uncorrected violations is adjusted to $2,745 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md);
  - (3) The $15,000 minimum civil monetary penalty of [section 502(c)(10)(C)(ii)](/cfr/29/502.md?p=c-10-C-ii) of ERISA for uncorrected violations that are not de minimis is adjusted to $16,473 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md); and
  - (4) The $500,000 maximum civil monetary penalty for unintentional failures set in [Section 502 (c)(10)(D)(iii)(II)](/cfr/29/502.md?p=c-10-D-iii-II) of ERISA is adjusted to $549,095, for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (k) The civil monetary penalty of up to $100 established by [section 502(c)(12)](/cfr/29/502.md?p=c-12) of ERISA remains at $100 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (l) The maximum civil monetary penalty of $10,000 established by [section 502(m)](/cfr/29/502.md?p=m) of ERISA is adjusted to $15,909 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).
- (m) The civil monetary penalty of not more than $1,000, established by Public Health Services Act [section 2715(f)](/cfr/29/2715.md?p=f) and incorporated into ERISA by [section 715](/cfr/29/715.md) of ERISA, is adjusted to $1,087 for penalties assessed after August 1, 2016, and before the effective date of the next adjustment for inflation made by the Secretary in accordance with the Inflation Adjustment Act and [§ 2575.3](/cfr/29/2575.3.md).

## Notes

### Amendments

[81 FR 43454, July 1, 2016]

### Authority

Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by section 31001(s) of Pub. L. 104-134, 110 Stat. 1321-373, and section 701 of Pub. L. 114-74, 129 Stat. 584; 29 U.S.C 1059(b), 1132(c), 1135 and 1185d; and Secretary of Labor's Order 1-2011, 77 FR 1088 (January 9, 2012).

### Source

Source: 62 FR 40699, July 29, 1997, unless otherwise noted. Redesignated at 64 FR 42246, Aug. 3, 1999.

### Authority

Authority: 29 U.S.C. 1135; 28 U.S.C. 2461 note; Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003).

### Source

Source: 64 FR 42246, Aug. 3, 1999, unless otherwise noted.

### Amendments

[81 FR 43454, July 1, 2016]