### Question
How does Regulatory Provisions define applicable recovery amount?


### Answer
Under *29 U.S.C. § 1132*, **applicable recovery amount** is defined as:

> any amount which is recovered from a fiduciary or other person with respect to a breach or violation described in paragraph (1)—


(A) pursuant to any settlement agreement with the Secretary, or


(B) ordered by a court to be paid by such fiduciary or other person to a plan or its participants and beneficiaries in a judicial proceeding instituted by the Secretary under subsection (a)(2) or (a)(5) of this section

#### Citation:
  - *29 U.S.C. § 1132*
  - Heading: **CHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM > SUBCHAPTER I-PROTECTION OF EMPLOYEE BENEFIT RIGHTS > Subtitle B-Regulatory Provisions > part 5-administration and enforcement**

