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Content Last Revised: 6/20/90
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CFR  

Code of Federal Regulations Pertaining to EBSA

Title 29  

Labor

 

Chapter XXV  

Pension and Welfare Benefits Administration, Department of Labor

 

 

Part 2570  

Procedural Regulations Under the Employee Retirement Income Security Act

 

 

 

Subpart D  

Procedure for the Assessment of Civil Penalties Under ERISA Section 502(l)


29 CFR 2570.83 - Assessment of civil penalty.

  • Section Number: 2570.83
  • Section Name: Assessment of civil penalty.

    (a) Except as described in Secs. 2570.85 and 2570.86 of this part, 
subsequent to the payment of the applicable recovery amount pursuant to 
either a settlement agreement or a court order, the Secretary shall 
serve on the person liable for making such payment a notice of 
assessment of civil penalty equal to 20 percent of the applicable 
recovery amount.
    (b) Service of such notice shall be made either:
    (1) By delivering a copy to the person being assessed; if the person 
is an individual, to the individual; if the person is a partnership, to 
any partner; if the person is a corporation, association, exchange, or 
other entity or organization, to any officer of such entity; if the 
person is an employee benefit plan, to a trustee of such plan; or to any 
attorney representing any such person;
    (2) By leaving a copy at the principal office, place of business, or 
residence of such individual, partner, officer, trustee, or attorney; or
    (3) By mailing a copy to the last known address of such individual, 
partner, officer, trustee, or attorney.

If service is accomplished by certified mail, service is complete upon 
mailing. If done by regular mail, service is complete upon receipt by 
the addressee.
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