ERISA Fidelity Bond: Why Does Your Plan Need One?

What is an ERISA Fidelity Bond?

If one or more of your employees commits an unlawful act, such as enacting fraud or mishandling retirement plan assets, this could result in unforeseen consequences and potentially damage your company’s reputation.

An ERISA (Employee Retirement Income Security Act) fidelity bond protects employee benefit plans against a variety of losses, including but not limited to:

• Theft
• Larceny
• Embezzlement
• Forgery
• Misappropriation
• Wrongful abstraction
• Wrongful conversation
• Willful misapplication

Plan trustees must have coverage for 10% of their plan assets. Solo business owners and their spouses are exempt.

Who needs to have an ERISA fidelity bond?

ERISA requires 401(k) plan administrators, or anyone who handles funds or other property, to be bonded. These bonds must be purchased before any funds are placed into the company 401(k) plan. ERISA bonds must also only be purchased by a surety on the Department of Treasury’s listing of approved sureties. In fact, ERISA makes it illegal to handle, receive, exercise custody of plan funds, or distribute funds without obtaining the fidelity bond.

ERISA also requires:

• That fidelity bonds cover each 401(k) plan administrator for 10% of the funds they handle
• That fidelity bonds do not include deductibles
• Minimum coverage of $1,000
• Maximum coverage of $500,000 ($1,000,000 if the plan includes employer securities)

Are there penalties for not having an ERISA fidelity bond?

The Department of Labor (DOL) is placing more emphasis on ERISA bonds, so it’s important to obtain a bond in the early stages of setting up your company’s 401(k) plan. While there are no specific penalties associated with the lack of a fidelity bond, you may find yourself subject to liabilities in the event of fraud and even a plan audit by the DOL in the future if it is found that you don’t have a fidelity bond listed in your Form 5500.

The Form 5500 specifically asks if you had an ERISA bond for the previous plan year to which the answer should be yes, if you do in fact have one. However, if this is not the case, you may receive a letter from the DOL followed by additional consequences.

How do I get an ERISA fidelity bond?

Many plan providers don’t mention the need for an ERISA bond at the point of sale because some clients may not be interested in paying expensive plan fees. However, the great news is that ERISA bonds are an inexpensive necessity. Unlike some plan providers, ePlan Services mentions the need for the ERISA fidelity bond at the time of plan setup.

If you’re considering your fidelity bond options, contact your plan insurer. For questions or more information on the importance of fidelity bonds, contact ePlan Services today.

This content is for educational purposes only, is not intended to provide specific legal or financial advice and should not be used as a substitute for the legal advice of a qualified attorney or financial professional. The information may not reflect the most current legal developments, may be changed without notice, and is not guaranteed to be complete, correct, or up to date.