---
title: "I’m an ERISA plan.  I have not yet submitted any data to the CO APCD and have not submitted an opt-out form. Do I still need to submit an opt-out form and will there be any penalties for my failure to timely submit an opt-out form?"
description: "No.  ERISA plans no longer need to submit opt-out forms, and there will there be no penalties for ERISA plans who failed to timely submit opt-out forms by the original December 28, 2015 deadline."
url: "https://civhc.org/docs/im-an-erisa-plan-i-have-not-yet-submitted-any-data-to-the-co-apcd-and-have-not-submitted-an-opt-out-form-do-i-still-need-to-submit-an-opt-out-form-and-will-there-be-any-penalties-for-my-fa/"
updated: "2017-08-22"
category: "Self-Insured"
---

# I’m an ERISA plan.  I have not yet submitted any data to the CO APCD and have not submitted an opt-out form. Do I still need to submit an opt-out form and will there be any penalties for my failure to timely submit an opt-out form?

No.  ERISA plans no longer need to submit opt-out forms, and there will there be no penalties for ERISA plans who failed to timely submit opt-out forms by the original December 28, 2015 deadline.