Delinquent Filer Voluntary Compliance Program

Many types of ERISA-covered employee benefit plans and arrangements are required to make an annual report called Form 5500.  This is true for both pension plans and a host of health and welfare benefit plans (including health, life, disability, flexible spending accounts and certain EAPs, to name a few). Form 5500 reporting is oftentimes overlooked. Failure to file can subject employers to significant governmental penalties. For employers who realize that they have failed to file Form 5500, the Department of Labor (DOL) offers a voluntary compliance program called the Delinquent Filer Voluntary Compliance Program (DFVCP). The DFVCP allows employers to report delinquent filings and pay a reduced penalty than would otherwise be due. Additional information regarding the DFVCP, including eligibility requirements, can be found on the DOL's website.