DOL Enforcement Authority
The DOL's Employee Benefits Security Administration (EBSA) is responsible for enforcing ERISA. EBSA has broad authority to investigate plans, request documents, and assess penalties. EBSA conducts thousands of investigations annually, recovering billions of dollars for plan participants.
ERISA Litigation: Section 502
ERISA Section 502 provides a private right of action for plan participants and beneficiaries. Participants can sue to recover benefits due under the plan, enforce their rights under the plan, clarify their rights to future benefits, and seek remedies for fiduciary breach.
| Claim Type | Who Can Sue | Remedy |
|---|---|---|
| Denial of benefits (§502(a)(1)(B)) | Participant or beneficiary | Benefits owed under the plan |
| Fiduciary breach (§502(a)(2)) | Participant, beneficiary, or DOL | Restoration of plan losses; removal of fiduciary |
| Equitable relief (§502(a)(3)) | Participant or beneficiary | Injunction, restitution, other equitable relief |
| Failure to provide documents (§502(c)) | Participant | Up to $110/day per violation |
The Cost of Non-Compliance
IQ Insight
The cost of ERISA non-compliance is not just financial — it is reputational. A DOL investigation or participant lawsuit is a significant distraction for HR and legal teams, and the reputational damage from a public enforcement action can affect recruiting and retention. The cost of proactive compliance — maintaining current plan documents, filing Form 5500 on time, delivering required notices — is a fraction of the cost of responding to an investigation or lawsuit.