A DOL delinquency notice ends your chance to use the voluntary program.
Once the Department of Labor mails a notice of a late Form 5500, the voluntary program is off the table and the penalty process takes over.
What the notice triggers.
Notice Date
Eligibility is lost once the notice is sent, not when you open it.
Penalty Process
The DOL can assess penalties under ERISA Section 502(c)(2) after the notice.
Deadline to Respond
The notice states how long you have to file and respond.
How to respond.
File Right Away
Submit the missing Form 5500 and any other required reports.
Explain the Delay
State the reasonable cause and the steps taken to fix it.
Request Reduction
Ask the DOL to reduce or waive the penalty.
Keep Copies
Keep every response and every filing receipt.
Quick answers.
Short answers. This is general information, not legal or tax advice.
Can we still file late?
Yes, and you should. The daily penalty runs until the form is filed.
Will the DOL reduce the penalty?
It can, based on the facts and the response.
Who should answer the notice?
The plan administrator, with help from an advisor if needed.
Where the rules and figures come from.
Each figure on this page comes from the source below. Amounts are indexed or updated over time, so confirm current figures before relying on them.
29 U.S.C. 1132
ERISA Section 502(c)(2): civil penalty for failure to file the annual report.
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