[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19078-19082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10078]


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DEPARTMENT OF LABOR

29 CFR Part 2570

RIN 1210-0056


Proposed Rule Relating to Adjustment of Civil Monetary Penalties

AGENCY: Pension and Welfare Benefits Administration, Department of 
Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document contains a proposed rule that would adjust the 
civil monetary penalties under Title I of the Employee Retirement 
Income Security Act of 1974, as amended (ERISA), pursuant to the 
requirements of the Federal Civil Penalties Inflation Adjustment Act of 
1990 (the 1990 Act), Public Law 101-410, 104 Stat. 890, as amended by 
the Debt Collection Improvement Act of 1996 (the Act), Public Law 104-
134, 110 Stat. 1321-373. The Act amended the 1990 Act to require 
generally the adjustment of civil monetary penalties for inflation no 
later than 180 days after enactment of the Act, and at least once every 
four years thereafter, in accordance with guidelines specified in the 
1990 Act, as amended.


[[Page 19079]]


DATES: Written comments concerning the proposed rule must be received 
by May 19, 1997.

ADDRESSES: Interested persons are invited to submit written comments 
concerning the proposed rule to: Pension and Welfare Benefits 
Administration, Room N-5669, U.S. Department of Labor, 200 Construction 
Ave., NW., Washington, DC 20210. Attention: Proposed CMP Adjustment 
Rule. Written comments may also be sent by the Internet to the 
following address: [email protected].

FOR FURTHER INFORMATION CONTACT:
Rudy Nuissl, Office of Regulations and Interpretations, Pension and 
Welfare Benefits Administration, (202) 219-7461. This is not a toll-
free number.

SUPPLEMENTARY INFORMATION: Section 3720E of the Act amended section 4 
of the 1990 Act to require, with certain exceptions, that, by a 
regulation published in the Federal Register, each civil monetary 
penalty (CMP) be adjusted in accordance with guidelines specified in 
the amendment. The Act specifies that any such increase in a CMP shall 
apply only to violations which occur after the date the increase takes 
effect.

    The term ``civil monetary penalty'' is defined in the 1990 Act to 
mean any penalty, fine or other sanction that--
    A. (i) Is for a specific monetary amount as provided by federal 
law; and
    (ii) Has a maximum amount provided for by federal law; and
    B. Is assessed or enforced by an agency pursuant to federal law; 
and
    C. Is assessed or enforced pursuant to an administrative proceeding 
or a civil action in the federal courts.
    Only CMPs that are specified by statute or regulation in dollar 
amounts are adjusted under the 1990 Act, as amended. CMPs that are 
specified as percentages are not adjusted. The statutory citations for 
each of the CMPs under Title I of ERISA that would be adjusted by the 
proposed rule contained in this Notice are set forth in columns (A) and 
(B) of Table A. Column (C) briefly describes the nature of the 
violations associated with these citations. Column (D) of Table A 
indicates the dollar amount of each CMP to be adjusted, and Column (E) 
sets forth the year that each penalty was established by law or last 
adjusted. Columns (F), (G), and (H), (I), and (J) contain the 
intermediate results of applying the series of steps mandated by the 
1990 Act, as amended. Reference should be made to Column (K) of Table A 
to determine the dollar amounts of the final penalty adjustments that 
would be effected by the proposed rule contained in this Notice 
pursuant to the requirements of the 1990 Act, as amended.

                                    Table A.--Inflation Adjustment of Civil Monetary Penalties Under Title I of ERISA                                   
                                                                                                                                                        
                                                                             Year      CLA      Penalty    Unrounded            Uncapped                
                                                                            penalty  factor=   after raw    penalty    Rounded   maximum  Caped penalty=
U.S. Code citation     ERISA Title I        Nature of      Penalty amount  last set   456.7/  adjustment=  increase=   penalty  penalty=  min(col J, 1.1
                          section           violation      to be adjusted     or       CPI      col D  x   col G-col  increase    col D      x  col D)  
                                                                           adjusted   below   456.7/col F      D                 +col I                 
(A)                 (B)...............  (C)..............  (D)                  (E)      (F)          (G)        (H)       (I)       (J)  (K)           
--------------------------------------------------------------------------------------------------------------------------------------------------------
29 USC............  209(b)............  Failure to         $10 per             1974    146.9       $31.09     $21.09       $20       $30  $11 per       
1059(b)...........                       furnish or        employee                                                                       employee.     
                                         maintain records.                                                                                              
29 USC............  502(c)(1)(A)......  Failure to notify  Up to $100          1986    327.9       139.28      39.28        40       140  Up to $110    
1132(c)(1)(A).....                       plan              a day                                                                          a day.        
                                         participants of                                                                                                
                                         group health                                                                                                   
                                         benefits under                                                                                                 
                                         COBRA.                                                                                                         
                                        Failure to notify  Up to $100          1990    389.1       117.37      17.37        20       120  Up to $110    
                                         participants and  a day                                                                          a day.        
                                         beneficiaries                                                                                                  
                                         re: asset                                                                                                      
                                         transfer.                                                                                                      
29 USC............  502(c)(1)(B)......  Refusal to         Up to $100          1974    146.9       310.89     210.89       210       310  Up to $110    
1132(c)(1)(B).....                       provide required  a day                                                                          a day.        
                                         info in timely                                                                                                 
                                         manner.                                                                                                        
29 USC............  502(c)(2).........  Failure or         Up to $1,000        1987    340.1     1,342.84     342.84       300     1,300  Up to $1,100  
1132(c)(2)........                       refusal to file   a day                                                                          a day.        
                                         an annual report.                                                                                              
29 USC............  502(c)(3).........  Failure to notify  Up to $100          1989    371.7       122.87      22.87        20       120  Up to $110    
1132(c)(3)........                       participants and  a day                                                                          a day.        
                                         beneficiaries                                                                                                  
                                         re: failure to                                                                                                 
                                         meet minimum                                                                                                   
                                         funding                                                                                                        
                                         requirements.                                                                                                  
                                        Failure to notify  Up to $100          1990    389.1       117.37      17.37        20       120  Up to $110    
                                         certain persons   a day                                                                          a day.        
                                         re: transfer of                                                                                                
                                         excess pension                                                                                                 
                                         assets to health                                                                                               
                                         account.                                                                                                       
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    Specifically, the 1990 Act, as amended, provides that the required 
inflation adjustment shall be determined by increasing the maximum CMP 
amount or the range of maximum and minimum CMP amounts, as applicable, 
for each CMP by a cost-of-living adjustment (CLA). The term ``cost-of-
living adjustment'' is defined in the Act as the percentage for each 
CMP by which the Consumer Price Index (CPI) for the month of June of 
the calendar year preceding the adjustment exceeds the CPI for the 
month of June of the calendar year in which the amount of such CMP was 
last set or adjusted by law. The term ``Consumer Price Index'' is 
defined in the 1990 Act, as amended, to mean the Consumer Price Index 
for All-Urban Consumers published by the U.S. Department of Labor.
    Accordingly, to calculate the CLA it is necessary to divide the CPI 
for June of the calendar year preceding the adjustment by the CPI for 
June of the calendar year in which the CMP was last set by law or 
adjusted for inflation. (See Column (F) of Table A). In order to 
calculate the raw inflation adjustment, it is necessary to multiply the 
original penalty amount by the relevant CLA. (See Column (G) of Table 
A). The subtraction of the original CMP amount from this product yields 
the unrounded penalty increase (See Column (H) of Table A).
    Section 5 of the 1990 Act, as amended, sets out the manner in which 
inflation adjustments must be rounded. Specifically, any increase in 
the maximum CMP or the range of maximum and minimum CMPs, as 
applicable, must be rounded to the nearest:

[[Page 19080]]

    (1) Multiple of $10.00 in the case of penalties less than or equal 
to $100;
    (2) Multiple of $100.00 in the case of penalties greater than $100 
but less than or equal to $1000;
    (3) Multiple of $1000 in the case of penalties greater than $1000 
but less than or equal to $10,000;
    (4) Multiple of $10,000 in the case of penalties greater than 
$100,000 but less than or equal to $200,000; or
    (5) Multiple of $25,000 in the case of penalties greater than 
$200,000.
    Once the penalty increase has been rounded in accordance with the 
procedures set forth in the 1990 Act, as amended (see Column (I) of 
Table A), the rounded increase must be added to the original penalty 
amount to determine the uncapped maximum penalty. (See Column (J) of 
Table A). The first adjustment of a CMP pursuant to the amendments 
effected by the Act, however, may not exceed 10% of the penalty being 
adjusted. The final adjusted penalty amounts listed in Column (K) of 
Table A reflect the application of this statutory cap.
    Upon application of the CLA rules described above, the following 
CMPs under Title I of ERISA need to be adjusted.\1\ (See Columns (A), 
(B), and (C) of Table A):
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    \1\ The civil penalty set forth in ERISA section 502(c)(4) for a 
failure to provide the information specified in ERISA section 
101(f), relating to Medicare and Medicaid coverage data bank 
requirements, is not being implemented or enforced. See H.R. Conf. 
Rep. No. 103-733, 103rd Cong. 2nd Sess., at 22 (1994).
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    (1) The per capita CMP of $10.00 set by ERISA section 209(b) (29 
U.S.C. 1059(b)) for a failure to furnish the employee benefit plan 
information or to maintain the plan records specified in ERISA section 
209(a);
    (2) The CMP of up to $100.00 a day (as determined in the discretion 
of a court) set by section 502(c)(1)(A) (29 U.S.C. 1132(c)(1)(A) for a 
failure or refusal by a plan administrator to meet the requirements of 
ERISA section 101(e)(1) (concerning notice with regard to a transfer of 
excess pension assets) or ERISA section 606(4) (concerning notice with 
regard to the occurrence of qualifying events), or to comply with a 
request for information which such administrator is required by Title I 
of ERISA to furnish to a participant or beneficiary;
    (3) The CMP of up to $100.00 a day (as determined in the discretion 
of a court) set by ERISA section 502(c)(1)(B) for a failure or refusal 
to comply with a request for information which a plan administrator is 
required by Title I of ERISA to furnish to a participant or 
beneficiary;
    (4) The CMP of up to $1,000.00 a day set by ERISA section 502(c)(2) 
for the failure on the part of a plan administrator to file the annual 
report required to be filed under ERISA section 101(b)(4);
    (5) The CMP of up to $100.00 a day (as determined in the discretion 
of a court) set by ERISA section 502(c)(3) for the failure on the part 
of an employer to meet the requirements of ERISA section 101(d) 
(concerning provision of notice to participants and beneficiaries for 
failure to meet the minimum funding requirements) or ERISA section 
101(e)(2) (concerning provision of notice regarding transfers of excess 
pension assets).
    In view of the foregoing, the proposed rule contained in this 
document would amend Part 2570 (``Procedural Regulations Under the 
Employee Retirement Income Security Act'') of Title 29 of the Code of 
Federal Regulations (CFR) by adding a new ``Subpart E--Adjustment of 
Civil Penalties Under ERISA Title I.'' New Subpart E contains five new 
regulations effecting the adjustment for inflation of the civil 
monetary penalties discussed above.

Executive Order 12866

    The Department has determined that this regulatory action is not a 
``significant rule'' within the meaning of Executive Order 12866 
concerning federal regulations, because it is not likely to result in: 
(1) an annual effect on the economy of $100 million or more, or an 
adverse and material effect on a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities; (2) the creation of a 
serious inconsistency or interference with an action taken or planned 
by another agency; (3) a material alteration in the budgetary impacts 
of entitlement, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) the raising of novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in Executive Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires each 
Federal agency to perform an initial regulatory flexibility analysis 
for all proposed rules unless the head of the agency certifies that the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, organizations, and governmental jurisdictions. Because this 
proposed regulation does no more than mechanically increase certain 
statutory CMPs to account for inflation, pursuant to specific 
directions set forth in the 1990 Act, as amended by the Act, the 
proposed regulation has no impact, independent of the specific 
statutory requirements, on small entities. The statute specifies the 
procedure for calculating the adjusted CMP and does not allow the 
Department to vary the calculation to minimize the effect on small 
entities. As a result, the undersigned hereby certifies that the rule, 
if promulgated as proposed, will not have a significant effect on a 
substantial number of small entities.
    Nevertheless, the Department provides the following information 
concerning the potential effect of the increased penalties on small 
entities. No small governmental jurisdictions will be affected by this 
regulation because governmental plans are not covered by Title I of 
ERISA. Each CMP is discussed in more detail as follows:

ERISA section 209(b)

    The CMP provided in ERISA section 209(b), 29 U.S.C. 1059(b) is 
payable to the Secretary. It applies to employers who maintain ERISA 
covered pension plans (except those described at ERISA sections 201(2)-
(7), 29 U.S.C. 1051(2)-(7)) and who fail to furnish information or 
maintain records described in section 209(a) unless such failure is due 
to reasonable cause. Of the approximately 506,000 employers who file 
reports indicating that they maintain ERISA-covered pension plans, 
465,000 employers file report forms indicating that the plans they 
maintain have less than 100 participants. The data available to the 
Department does not indicate the number of employers who fail to comply 
with the requirements of ERISA section 209(a). The Department has to 
date chosen to pursue voluntary compliance to achieve correction of 
deficiencies with regard to those requirements, rather than assessing 
penalties under section 209(b).

ERISA section 502(c)(1)

    The CMP provided in ERISA section 502(c)(1) applies to three 
different situations. Section 502(c)(1)(A), 29 U.S.C. 1132(c)(1)(A), 
refers to administrators of group health plans sponsored by employers 
with 20 or more employees if the administrator fails to provide notices 
to participants and beneficiaries required under ERISA section 606(1) 
and (4), 29 U.S.C. 1166(1) and (4). Because most group health plans are 
not required to file annual reports, the data available to the

[[Page 19081]]

Department does not indicate the number of group health plans covered 
by the requirements of sections 606(1) and (4). Nor does the data 
available to the Department indicate the number of administrators that 
are small entities and the number of such administrators who fail to 
comply with the requirements of sections 606(1) and (4).
    Section 502(c)(1)(A) also refers to administrators of defined 
benefit pension plans who violate ERISA section 101(e)(1) by failing to 
provide a notice to plan participants and beneficiaries at least 60 
days in advance of a qualified transfer of excess plan assets to a 
health benefits account. Although the Department is unable to estimate 
the number of administrators that administer such plans or the number 
which are small entities, the Department estimates that approximately 
63,000 employers file annual reports indicating that they maintain 
defined benefit plans. The Department is unable to estimate the number 
of employers who maintain such plans but fail to file annual reports. 
The notices to which the CMP applies concern only those administrators 
of such plans who fail to meet the notice requirements of ERISA section 
101(e)(1).
    Section 502(c)(1)(B), 29 U.S.C. 1132(c)(1)(B), refers to 
administrators of employee benefit plans covered by ERISA who fail to 
comply with a request (within 30 days) for information which the 
administrator is required, under Title I of ERISA, to provide to a 
participant or beneficiary, unless the failure results from matters 
beyond the control of the administrator.
    The CMP amount provided under ERISA Section 502(c)(1) is a maximum 
penalty amount. It is assessed by the courts in private lawsuits. The 
courts are free to, and often do, impose less than the maximum amount 
based on factors such as the degree of prejudice to the affected 
participant caused by the administrator's violation. Research of court 
opinions indicates that Federal courts imposed, or indicated some 
likelihood of imposing, a CMP under Sec. 502(c)(1) in approximately 100 
cases since 1978. None of such cases concerned a failure to comply with 
ERISA section 101(e)(1). The available data with respect to these cases 
does not indicate how many involved imposition of a CMP on a small 
entity.

ERISA Sec. 502(c)(2)

    The CMP provided in ERISA section 502(c)(2), 29 U.S.C. 1132(c)(2), 
applies to administrators of employee benefit plans covered by ERISA 
who fail to file annual reports with the Secretary as required under 
ERISA section 101(b)(4), 29 U.S.C. 1021(b)(4), unless exempted under 
the Department's regulations. Annual reports are filed by approximately 
970,000 employee benefit plans. Over the past six years, the Department 
has collected CMPs totalling $56,390,000 under this section from 31,030 
plan administrators. Approximately $16,000,000 of such CMPs were 
collected from 1,600 administrators of small plans (plans having less 
than 100 participants.
    The CMP provided in ERISA section 502(c)(2) is a maximum penalty of 
$1000 per day. Under the Department's current practice, the Department 
has not assessed a penalty of more than $300 per day and does not 
intend to change this practice as a result of promulgating this 
proposed regulation. In addition, all but approximately $5 million in 
CMPs collected thus far have been collected under either the temporary 
grace period program which ended in 1992 or under the Department's 
Delinquent Filer Voluntary Compliance Program established in 1995 (60 
FR 20874, Apr. 27, 1995). Under the DFVC program, the Department 
assesses much lower CMPs on administrators who voluntarily correct 
their noncompliance before the Department notifies them of such 
noncompliance. The same was true during the temporary grace period.

502(c)(3)

    The CMP provided in ERISA section 502(c)(3) applies to employers 
maintaining a defined benefit plan (other than a multiemployer plan) 
who failed to comply with the notice requirements of ERISA sections 
101(d) or (e)(2), 29 U.S.C. 1021(d) or (e)(2). The Department estimates 
that approximately 63,000 employers file annual reports indicating that 
they maintain such plans. The Department is unable to estimate the 
number of employers who maintain such plans but fail to file annual 
reports. The notices to which the CMP applies concern only those 
covered plans that fail to meet the minimum funding standard under 
ERISA section 302, 29 U.S.C. 1082, and those that fail to meet the 
notice requirements of ERISA section 101(e)(2) in connection with a 
qualified transfer of excess plan benefits to a health benefits 
account. The data available to the Department does not indicate the 
number of employers or the number of small entities that fail to meet 
the notice requirements of sections 101(d) or (e)(2). To date, however, 
the Department has not sought to hold an employer liable for the CMP 
provided under section 502(c)(3). In certain instances, this CMP may 
also be applied by a court in a private lawsuit. Research of court 
opinions revealed no cases where an employer was held liable for a CMP 
under this section.

Paperwork Reduction Act

    This proposed rule contains no information collection requirements 
which are subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3500 et seq.).

Unfunded Mandates Reform Act

    For purposes of Title II of the Unfunded Mandates Reform Act of 
1995, 5 U.S.C. 1531-1538, as well as Executive Order 12875, this 
proposed rule does not contain any federal mandate that may result in 
increased expenditures in either Federal, State, local, and tribal 
governments in the aggregate, or impose an annual burden exceeding $100 
million on the private sector.

Effective Date

    Pursuant to the requirements of the Administrative Procedure Act at 
5 U.S.C. 553(b), the Department is publishing this notice of proposed 
rulemaking for notice and comment and will promulgate this rule in 
final form subsequent to such comment period. The Department expects to 
issue a final rule 30 days following the close of the comment period. 
The final rule will be effective upon publication in the Federal 
Register and will apply only to violations occurring after the date of 
publication of the final rule in the Federal Register.

Congressional Review

    The Department has determined that this proposed rule is not a 
``major rule'' as that term in defined in 5 U.S.C. 804, because it is 
not likely to result in (1) an annual effect on the economy of $100 
million or more; (2) a major increase in costs or prices for consumers, 
individual industries, federal, State or local government agencies, or 
geographic regions; or (3) significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
the United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets.

Statutory Authority

    This proposed regulation would be adopted pursuant to authority 
contained in section 4 of the Federal Civil Penalties Adjustment Act of 
1990, Public Law 101-410, 104 Stat. 890, 28 U.S.C. 2461 note, as 
amended by the Debt Collection Improvement Act of

[[Page 19082]]

1996, Public Law 104-134, Title III, section 31001(s)(1), 110 Stat. 
1321-373, and contained in sections 209(b), 502(c)(1) and 505 of ERISA, 
29 U.S.C. 1059(b), 1132(c)(1) and 1135.

List of Subjects in CFR Part 2570

    Administrative practice and procedure, Employee benefit plans, 
Employee Retirement Income Security Act, Pensions, Pension and Welfare 
Benefits Administration.

Proposed rule

    In view of the foregoing, Part 2570 of Chapter XXV of Title 29 of 
the Code of Federal Regulations is proposed to be amended as follows:

PART 2570--PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT

    1. The authority citation for Part 2570 is revised to read as set 
forth below:

    Authority: (5 U.S.C. 8477(c)(3);) 29 U.S.C. 1108, 1135; 
Reorganization Plan No. 4 of 1978; Secretary of Labor Order No. 1-
87.

    Subpart A is also issued under 29 U.S.C. 1132(c)(1).
    Subpart E is also issued under sec. 4, Pub. L. 101-410, 104 
Stat. 890, (28 U.S.C. 2461 note), as amended by sec. 31001(s)(1), 
Pub. L. 104-134, 110 Stat. 1321-373.

    2. Part 2570 is amended by adding a new Subpart E in the 
appropriate place to read as follows:

PART 2570--PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT

* * * * *

Subpart E--Adjustment of Civil Penalties Under ERISA Title I

Sec. 2570.100  In general.
Sec. 2570.209b-1  Adjusted civil penalty under section 209(b).
Sec. 2570.502c-1  Adjusted civil penalty under section 502(c)(1).
Sec. 2570.502c-2  Adjusted civil penalty under section 502(c)(2).
Sec. 2570.502c-3  Adjusted civil penalty under section 502(c)(3).
* * * * *

Subpart E--Adjustment of Civil Penalties Under ERISA Title I


Sec. 2570.100  In general.

    Section 3720E of the Debt Collection Improvement Act of 1996 (the 
Act, Pub. L. 104-134) amended the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (the 1990 Act, Pub. L. 101-410) to require 
generally that the head of each federal agency adjust the civil 
monetary penalties subject to its jurisdiction for inflation within 180 
days after enactment of the Act and at least once every four years 
thereafter.


Sec. 2570.209b-1  Adjusted civil penalty under section 209(b).

    In accordance with the requirements of the 1990 Act, as amended, 
the amount of the civil monetary penalty established by section 209(b) 
of the Employee Retirement Income Security Act of 1974, as amended 
(ERISA), is hereby increased from $10 for each employee to $11 for each 
employee. This adjusted penalty applies only to violations occurring 
after [insert date of publication of the final rule in the Federal 
Register].


Sec. 2570.502c-1  Adjusted civil penalty under section 501(c)(1).

    In accordance with the requirements of the 1990 Act, as amended, 
the maximum amount of the civil monetary penalty established by section 
502(c)(1) of the Employee Retirement Income Security Act of 1974, as 
amended (ERISA), is hereby increased from $100 a day to $110 a day. 
This adjusted penalty applies only to violations occurring after 
[insert day of publication of the final rule in the Federal Register].


Sec. 2570.502c-2  Adjusted civil penalty under section 502(c)(2).

    In accordance with the requirements of the 1990 Act, as amended, 
the maximum amount of the civil monetary penalty established by section 
502(c)(2) of the Employee Retirement Income Security Act of 1974, as 
amended (ERISA), is hereby increased from $1000 a day to $1100 a day. 
This adjusted penalty applies only to violations occurring after 
[insert date of publication of the final rule in the Federal Register].


Sec. 2570.502c-3  Adjusted civil penalty under section 502(c)(3).

    In accordance with the requirements of the 1990 Act, as amended, 
the maximum amount of the civil monetary penalty established by section 
502(c)(3) of the Employee Retirement Income Security Act of 1974, as 
amended (ERISA), is hereby increased from $100 a day to $110 a day. 
This adjusted penalty applies only to violations occurring after 
[insert date of publication of the final rule in the Federal Register].

    Signed at Washington, DC this 11th day of April, 1997.
Olena Berg,
Assistant Secretary, Pension and Welfare Benefits Administration, U.S. 
Department of Labor.
[FR Doc. 97-10078 Filed 4-17-97; 8:45 am]
BILLING CODE 4510-29-M