Brief Case

ERISA § 4071 (29 U.S.C. § 1371)

Penalty for failure to timely provide required information
USC 2014 ed., current through 2015-01-05 · superseded Jan 6, 2017 · last amended by Pub. L. 113-97
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Historical text in effect Jan 5, 2015 through Jan 5, 2017. View current · Compare with current
The corporation may assess a penalty, payable to the corporation, against any person who fails to provide any notice or other material information required under this subtitle, subtitle A, B, or C of this subchapter, or section 1083(k)(4) or 1085a(g)(4) of this title,,1 or any regulations prescribed under any such subtitle or such section, within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues.
Source credit, amendments & notes

(Pub. L. 93–406, title IV, §4071, as added Pub. L. 100–203, title IX, §9314(c)(1), Dec. 22, 1987, 101 Stat. 1330–367; amended Pub. L. 101–239, title VII, §7881(g)(8), (i)(3)(B), Dec. 19, 1989, 103 Stat. 2442; Pub. L. 109–280, title I, §108(b)(5), formerly §107(b)(5), Aug. 17, 2006, 120 Stat. 820, renumbered Pub. L. 111–192, title II, §202(a), June 25, 2010, 124 Stat. 1297; Pub. L. 110–458, title I, §101(d)(1)(B), Dec. 23, 2008, 122 Stat. 5099; Pub. L. 113–97, title I, §102(b)(9), Apr. 7, 2014, 128 Stat. 1117.)

Amendments

2014—Pub. L. 113–97 substituted "section 1083(k)(4) or 1085a(g)(4) of this title" for "section 1083(k)(4) of this title".

2008—Pub. L. 110–458 substituted "or section 1083(k)(4) of this title," for "as section 1083(k)(4) or 1085b(e) of this title".

2006—Pub. L. 109–280 substituted "1083(k)(4)" for "1082(f)(4)".

1989—Pub. L. 101–239, §7881(i)(3)(B), substituted ", subtitle A, B, or C of this subchapter, as section 1082(f)(4) or 1085b(e) of this title" for "or subtitle A, B, or C" and inserted "or such section" after "such subtitle".

Pub. L. 101–239, §7881(g)(8), made clarifying amendment to directory language of Pub. L. 100–203, §9314(c)(1), resulting in no change in text.

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of Title 26, Internal Revenue Code.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–280 applicable to plan years beginning after 2007, see section 108(e) of Pub. L. 109–280, set out as a note under section 1021 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code.

Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 109–280

For special rules on applicability of amendments by subtitles A (§§101–108) and B (§§111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of Title 26, Internal Revenue Code.

ERISA § 4071 (29 U.S.C. § 1371) — Penalty for failure to timely provide required information · USC 2014 ed., current through 2015-01-05 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1371&asof=2015-01-05 · printed Oct 16, 2026
Cited by (code & regs)
PBGC Regulations
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
  • 77 FR 22488 Apr 16, 2012 — Rules for Administrative Review of Agency Decisions; Section 4071 Penalty Assessments
Also cited in 7 other documents
PBGC
Final Rules
  • 85 FR 10279 Feb 24, 2020 — Administrative Review of Agency Decisions
  • 85 FR 6046 Feb 4, 2020 — Miscellaneous Corrections, Clarifications, and Improvements
  • 80 FR 54980 Sep 11, 2015 — Reportable Events and Certain Other Notification Requirements
  • 77 FR 6675 Feb 9, 2012 — Premium Penalty Relief for Certain Delinquent Plans
Proposed Rules
  • 84 FR 53084Proposed Oct 4, 2019 — Administrative Review of Agency Decisions Comments due Dec 3, 2019
  • 78 FR 20039Proposed Apr 3, 2013 — Reportable Events and Certain Other Notification Requirements Comments due Jun 3, 2013
  • 75 FR 48283Proposed Aug 10, 2010 — Liability for Termination of Single-Employer Plans; Treatment of Substantial Cessation of Operations Comments due Oct 12, 2010

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.

EffectiveThroughSourceAmended by
Jan 4, 1995Jan 7, 2008USC 1994 ed., current through 1995-01-04 run 49Pub. L. 101-239View
Jan 8, 2008Jan 4, 2009USC 2007 ed., current through 2008-01-08 run 103Pub. L. 109-280View · Redline (sign in)
Jan 5, 2009Jan 4, 2015USC 2013 ed., current through 2014-01-16 run 13Pub. L. 111-192View · Redline (sign in)
Jan 5, 2015Jan 5, 2017USC 2014 ed., current through 2015-01-05 run 14Pub. L. 113-97View · Redline (sign in)
Jan 6, 2017currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 113-97View · Redline (sign in)
Provision-level history (blame)