ERISA Fidelity Bond Insurance
ERISA fidelity bond insurance is a type of insurance required by the Employee Retirement Income Security Act of 1974 (ERISA) for individuals who handle the funds and assets of an employee benefit plan. The bond protects the plan from losses due to acts of fraud or dishonesty committed by these individuals. This insurance is a critical legal requirement for plan sponsors and a vital safeguard for the financial security of plan participants’ retirement savings.
What Is ERISA Fidelity Bond Insurance?
ERISA fidelity bond insurance is a specific type of surety bond that protects a retirement or employee benefit plan from losses resulting from fraud, theft, or other dishonest acts committed by those who handle the plan’s funds. Unlike a traditional insurance policy that protects the policyholder, an ERISA fidelity bond protects the plan itself and its participants. The bond is a guarantee that the surety company will reimburse the plan for losses caused by the dishonesty of covered individuals.
This type of bond is different from other business insurance policies, like crime or professional liability insurance, because it is specifically mandated by a federal law (ERISA) and has strict requirements regarding coverage amount and who it protects. While a crime policy might cover the company’s assets from a variety of risks, an ERISA fidelity bond is hyper-focused on protecting the assets within an employee benefit plan from a specific type of risk: dishonesty by plan fiduciaries.
For example, imagine a 401(k) plan administrator embezzles funds from the plan’s accounts. An ERISA fidelity bond would cover this loss, reimbursing the plan for the stolen amount and ensuring that the employees’ retirement savings are protected. This bond is essential because it provides a layer of protection beyond the fiduciary’s personal liability, ensuring that the plan can recover its losses even if the individual responsible cannot repay them.
ERISA Fidelity Bond Coverage
An ERISA fidelity bond is a legal requirement for most retirement and benefit plans, and failure to have one can result in significant penalties from the Department of Labor (DOL). The bond’s coverage amount must be at least 10% of the total funds handled by the plan, with a minimum of $1,000 and a maximum of $500,000. For plans holding employer securities, the maximum bond can be up to $1 million.
Who Needs ERISA Fidelity Bond Insurance Coverage?
The parties that can benefit from this coverage are diverse:
Plan Sponsors
Companies that offer retirement plans (e.g., 401(k), pension plans) are legally required to have an ERISA fidelity bond to protect their employees’ assets and ensure compliance with federal law.
Plan Fiduciaries
Individuals with discretionary authority over a plan’s management or assets, such as plan administrators, trustees, and investment managers, are required to be bonded.
Third-Party Administrators (TPAs):
Firms that handle plan administration for multiple clients must ensure they are properly bonded to cover the plans they service.
Small Businesses with a 401(k):
Even small companies with a simple retirement plan must comply with ERISA bonding requirements to protect their employees’ savings and avoid legal issues.
What Does ERISA Fidelity Bond Insurance Cover?
While you’ll need to consult the specific policy documents to confirm your coverage, here are a few scenarios that are typically covered:
Theft and Embezzlement
Covers losses from the dishonest or fraudulent taking of plan assets.
Forgery:
Protects against losses from forged checks or other financial instruments.
Misappropriation:
Covers losses from the wrongful use or diversion of plan funds.
Larceny
Provides coverage for the unlawful taking of personal property belonging to the plan.
ERISA Fidelity Bond Insurance Policy
An ERISA fidelity bond covers:
How Can I Manage My ERISA Fidelity Bond Policy and Risks?
Navigating an ERISA fidelity bond policy is essential, as this coverage is a legal requirement with very specific guidelines. The cost of your bond is tied directly to the size of your plan’s assets and the number of individuals handling funds, which is why a thorough audit of your plan’s financials is the best way to secure a favorable policy.
This strategy includes a comprehensive review of your plan’s assets, the number of people with access to funds, and the value of those assets. The more accurately you can assess these factors, the more easily you can determine the correct bond amount, which is crucial for legal compliance. If a loss is discovered, the ERISA fidelity bond will step in to cover the financial losses, protecting the plan and its participants.
What Does an ERISA Fidelity Bond Policy Not Cover?
Like all insurance policies, an ERISA fidelity bond has exclusions. For example, it doesn’t cover the following claims:
Remember, an ERISA fidelity bond focuses purely on protecting employee benefit plan assets from acts of fraud and dishonesty.
ERISA Fidelity Bond Insurance Cost
The cost of an ERISA fidelity bond depends on several factors, including the plan’s size, the number of individuals to be bonded, and the bond’s coverage limit. Premiums are typically a small percentage of the bond amount and are very affordable when compared to the potential legal penalties for non-compliance.
ERISA Fidelity Bond Insurance Cost Factors
Premiums are a function of the risk the surety company is taking on, as well as the amount of coverage you are legally required to have. Plans with a clean history and strong internal controls will have lower rates than those with a history of claims.
How carriers determine premiums depends entirely on the specifics of the plan, for example:
- Plan Asset Size: The total value of the plan’s assets is a major factor, as the bond amount is directly tied to it.
- Number of People Bonded: The number of individuals with access to plan funds will impact the premium.
- Plan Type: The type of plan (e.g., 401(k), defined benefit plan) can influence the rate.
- Prior Claims History: A history of claims can lead to higher premiums.
Additionally, many major insurers will customize an ERISA fidelity bond, which impacts the premium. Some of the most prominent enhancements include:
- Extended coverage for individuals with unique roles.
- Higher limits to cover larger plans or specific risks.
ERISA Fidelity Bond Insurance Claim Examples
A plan administrator makes an unauthorized transfer of a significant amount of money from the plan’s bank account to their personal account. The ERISA fidelity bond would cover the loss to the plan.
An individual responsible for collecting employee contributions diverts a portion of the funds for personal use instead of depositing them into the plan. The bond would cover the missing contributions.
A plan trustee forges the signature of another trustee to write checks from the plan’s account to themselves. The bond would reimburse the plan for the stolen funds.
A plan administrator makes an unauthorized transfer of a significant amount of money from the plan’s bank account to their personal account. The ERISA fidelity bond would cover the loss to the plan.
An individual responsible for collecting employee contributions diverts a portion of the funds for personal use instead of depositing them into the plan. The bond would cover the missing contributions.
A plan trustee forges the signature of another trustee to write checks from the plan’s account to themselves. The bond would reimburse the plan for the stolen funds.
Insurance Brokers For ERISA Fidelity Bond Insurance
Founder Shield is a data-driven insurance brokerage serving high-growth, innovative industries. We have a passion for creating and developing innovative risk management products across emerging industries and work hand in hand with clients and underwriters to ensure transparency, efficiency, and reliability every step of the way. Our team has specialized expertise and experience in providing ERISA fidelity bond services.
We partner with the leading professional liability insurance carriers to craft tailored risk management programs for public companies and venture-backed companies preparing for funding rounds. With ERISA fidelity bond insurance a major budget item, we understand that companies look for new and creative solutions to help manage increasing costs while also securing best-in-class coverage.
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