DOL Expands DFVCP to Late Form M-1 Filers

The Department of Labor (DOL) has modified the Delinquent Filer Voluntary Correction (DFVC) Program to further facilitate and encourage voluntary compliance with ERISA’s reporting requirements. The types of entities eligible for the program has been expanded to include multiple employer welfare arrangements (MEWAs) and Entities Claiming Exception (ECEs) seeking to file a late Form M-1. The DFVC Program was last updated in 2013 and allows plan administrators to voluntarily submit overdue annual reports while paying lower civil penalties. 

DOL is also updating the process for the assessment of the flat rate penalty for top hat and apprenticeship and training plans. These plans will no longer be directed to the DFVC payment calculator, but rather, plans eligible to pay a flat $750 fee will follow a link to a gov.pay site. Due to the limited updates under the DFVC Program, the applicability date is noted as December 19, 2025.