March 2026
Daniel Finnegan, Compliance Specialist
The Employee Benefits Security Administration (“EBSA”), an agency of the U.S. Department of Labor (“DOL”), is responsible for overseeing private employee plan systems in the U.S. through ERISA enforcement and oversees approximately 2.8 million health plans, 837,000 private pension plans and 521,000 other welfare benefit plans. ERISA plans cover approximately 155 million workers, retirees, and dependents who participate in private-sector pension and welfare benefit plans.
EBSA’s Voluntary Fiduciary Correction Program (“VFCP”) and Delinquent Filer Voluntary Compliance Program (“DFVCP”) allow for the voluntary self-reporting of ERISA violations without being subject to an enforcement action and provide significant incentives for fiduciaries and others to self-correct. In fiscal year (“FY”) 2025, there were over 25,000 applications and filings which resulted in $39.1 million in fees through these two programs.
How EBSA’s investigations impact workers and their beneficiaries
One of the EBSA investigations found that a large provider of life insurance had polices related to evidence of insurability that were not allowed under the law. After their investigation, they entered into a settlement agreement with the service provider which resulted in 265 previously denied life insurance claims being adjudicated and paid totaling more than $11 million in death benefits.
EBSA enforcement actions during fiscal year 2025:
- $714.4 million from enforcement actions
- In FY 2025, EBSA closed 878 civil investigations. Of those 566 (63%) produced monetary results or other corrective actions.
- EBSA benefits advisors closed 222,246 inquiries and recovered $468.7 million in benefits on behalf of workers and their families.
- $117.3 million from Abandoned Plan Program
- EBSA received 1,858 applications from qualified termination administrators and closed 1,752 applications with terminations approved. $117.3 million was distributed directly to participants as a result.
- $39.1 million from Voluntary Fiduciary Correction Program
2026 updated priorities
EBSA has also announced an overhaul of its enforcement projects for fiscal year 2026, the goal of this overhaul is to focus their resources toward broad-based employee benefit plan compliance, addressing abusive practices and bad actors, providing increased security for participants and beneficiaries. In FY 2026, EBSA will begin prioritizing cases related to:
- Cybersecurity
- Barriers to mental health and substance use disorder benefits
- Protected benefit distributions
- Retirement asset management
- Surprise billing
- Criminal abuse of contributory benefit plans
Employer action items
Employers should:
- Evaluate mental health and substance use disorder (“MH/SUD”) benefits to ensure that plan participants do not face greater restrictions when accessing their MH/SUD benefit when compared to medical/surgical benefits.
- Prepare for fiscal year 2026 enforcement priorities by implementing DOL-aligned cybersecurity best practices and conducting cybersecurity risk assessments for benefit plans.
- Utilize VFCP and DFVCP programs proactively.
- Utilize a compliance calendar to track annual filing obligations and conduct reviews for common correctable failures.
Additional Information and Resources
For more information
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