Enforcement

(a) State enforcement (1) State authority With respect to disability benefits provided by an issuer, each State may require that issuers that issue, sell, renew, or offer disability benefits in the State meet the requirements of this title with respect to such issuers. (2) Failure to implement provisions In the case of a determination by the Secretary that a State has failed to substantially enforce the requirements of this title with respect to insurance issuers in the State, the Secretary shall enforce such requirements. (b) Secretarial enforcement authority (1) In general If a governmental employee benefit plan or an issuer in a State described in subsection (a)(2) is found by the Secretary to fail to meet the requirements of this title, the Secretary may assess a civil monetary penalty against the responsible entity described in paragraph (3) with respect to such violation. (2) Civil penalty (A) In general The Secretary may assess a civil penalty described in paragraph (1) against any sponsor, administrator, service provider, or any other person or entity (except for a plan) who violates, or knowingly causes or conceals a violation of, this title. (B) Amount The amount of the penalty imposed by subparagraph (A) shall be equal the penalty amount described in section 502(c)(10)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(B)) for each day in the noncompliance period described in subparagraph (C) with respect to each participant or beneficiary to whom such violation relates. (C) Noncompliance period In this paragraph, the term noncompliance period means, with respect to a violation described in subparagraph (A), the period— (i) beginning on the date the violation occurs; and (ii) ending on the date the violation is corrected. (3) Responsible entity The responsible entity described in this paragraph is, in the case of a failure to meet the requirements of this title by— (A) an issuer, such issuer; or (B) a governmental employee benefit plan that is— (i) sponsored by 2 or more employers, the plan administrator; or (ii) not so sponsored, the employer. (4) Additional authority All powers, remedies, and authority described in part 5 of the Employee Retirement Income Security Act shall be available to the Secretary with respect to any violation of this title by a governmental employee benefit plan or an issuer described in subsection (a)(2). (c) Right of action Any individual who is aggrieved by the failure of a governmental employee benefit plan or issuer, with respect to disability benefits, to comply with the requirements of this title may bring an action in State or Federal court for appropriate equitable relief.