ERISA § 4302 (29 U.S.C. § 1452)

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Penalty for failure to provide notice

USC 2024 ed., current through 2025-01-06 · current · last amended by Pub. L. 96-364

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Any person who fails, without reasonable cause, to provide a notice required under this subtitle or any implementing regulations shall be liable to the corporation in an amount up to $100 for each day for which such failure continues. The corporation may bring a civil action against any such person in the United States District Court for the District of Columbia or in any district court of the United States within the jurisdiction of which the plan assets are located, the plan is administered, or a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found.

Source credit, amendments & notes

(Pub. L. 93–406, title IV, §4302, as added Pub. L. 96–364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1263.)

ERISA § 4302 (29 U.S.C. § 1452) — Penalty for failure to provide notice · USC 2024 ed., current through 2025-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1452&asof=1995-01-04 · printed Oct 16, 2026

Cited by (code & regs)

29 C.F.R. § 4302.1 Purpose and scope.
29 C.F.R. § 4302.3 Penalty amount.

PBGC Regulations

29 C.F.R. § 4302.1 Purpose and scope.
29 C.F.R. § 4302.2 Definitions.
29 C.F.R. § 4302.3 Penalty amount.

Guidance addressing this section

PBGC

Proposed Rules

91 FR 45739Proposed Jul 21, 2026 — Penalties for Failure To Provide Certain Notices or Other Material Information Comments due Sep 21, 2026

Final Rules

90 FR 1374 Jan 8, 2025 — Adjustment of Civil Penalties for Inflation
89 FR 2132 Jan 12, 2024 — Adjustment of Civil Penalties for Inflation
88 FR 1991 Jan 12, 2023 — Adjustment of Civil Penalties for Inflation
87 FR 2340 Jan 14, 2022 — Adjustment of Civil Penalties for Inflation
86 FR 2541 Jan 13, 2021 — Adjustment of Civil Penalties for Inflation
85 FR 2304 Jan 15, 2020 — Adjustment of Civil Penalties for Inflation
83 FR 67073 Dec 28, 2018 — Adjustment of Civil Penalties for Inflation
83 FR 1555 Jan 12, 2018 — Adjustment of Civil Penalties for Inflation
82 FR 8813 Jan 31, 2017 — Adjustment of Civil Penalties
81 FR 29765 May 13, 2016 — Adjustment of Civil Penalties

No court rulings in the library cite this provision yet.

No private letter rulings in the library cite this provision yet.

Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

Effective	Through	Source	Amended by
Jan 4, 1995	current	USC 2024 ed., current through 2025-01-06 run 1	Pub. L. 96-364	View

Provision-level history (blame)