ERISA Benefits Law Desk ReferenceERISA Benefits Tech, LLC

Part 21 · Chapter 2

The Delinquent Filer Voluntary Compliance Program

Law stated as of October 3, 2026 · Plan Corrections: EPCRS, VFCP, and DFVCP

Scope and status

Verify the current penalty caps, eligibility conditions, and EFAST2/calculator procedures before relying on them.

Citations are to primary authority (ERISA §502(c)(2); the DOL DFVCP, adopted in 1995 (60 Fed. Reg. 20874), modified at 67 Fed. Reg. 15052 (Mar. 28, 2002) and 78 Fed. Reg. 6135 (Jan. 29, 2013), and most recently modified by 90 Fed. Reg. 61411 (Dec. 31, 2025)) and to the IRS and PBGC coordinating guidance. Figures tagged verify should be reconfirmed against the current DOL fact sheet and calculator.

Sections

The first section is shown in full. The other sections are listed by title; their text is available to subscribers.

A1.What DFVCP is and the penalty it reduces

Part 21, ch. 2, § A1

DFVCP lets a plan administrator with a late or unfiled Form 5500 / 5500-SF voluntarily file and pay a substantially reduced civil penalty, in exchange for relief from the DOL's late-filing penalty. DOL program; Statute: ERISA §502(c)(2). The penalty being reduced is the DOL §502(c)(2) penalty for a deficient or non-filed annual report — up to $2,739/day (2025 amount; DOL made no 2026 adjustment, 91 Fed. Reg. 31358) with no statutory cap.

  1. A2Eligibility — and the hard cut-offSubscribers
  2. A3The reduced penalty structureSubscribers
  3. A4MechanicsSubscribers
  4. A5Coordination — IRS and PBGC relief is separate but availableSubscribers
  5. A6Welfare plans, MEWAs, and the Form M-1 boundarySubscribers

The first Part of each chapter is open to everyone. The remaining sections, with their authority and practice points, are available to subscribers and to clients of ERISA Benefits Law Group, PLLC whose engagement includes access.

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