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The 14 03 0852 form serves as a vital tool in securing coverage for organizations that manage employee benefit plans under the Employee Retirement Income Security Act of 1974, commonly known as ERISA. This form, specifically designed for Fiduciary Fidelity Bonds, requires applicants to provide comprehensive information about their organization, including its name, address, and contact details. The significance of accurately completing this renewal application cannot be overstated, as the information supplied will become an integral part of any bond issued. Key aspects of the form cover various areas, such as the number of plans for which coverage is sought, the required aggregate limit of liability, and any changes in operations or compliance with audit recommendations. Moreover, there are strict guidelines surrounding misrepresentation; submitting false information could lead to severe consequences, including rescission of the bond. Applicants must be vigilant in addressing all inquiries and ensuring that they attach necessary documentation, such as financial statements and internal controls evaluations. By doing so, they help establish a clear understanding of their fiduciary responsibilities and the risks involved in managing employee benefits, while effectively securing the protection they need to comply with ERISA regulations.

14 03 0852 Example

Chubb Group of Insurance Companies

FIDUCIARY FIDELITY BOND

15 MOUNTAIN VIEW ROAD

FOR EMPLOYEE BENEFITS PLAN

Warren, New Jersey 07059

(ERISA BOND) RENEWAL APPLICATION

 

 

BY COMPLETING THIS RENEWAL APPLICATION YOU ARE APPLYING FOR COVERAGE WITH FEDERAL INSURANCE COMPANY OR VIGILANT INSURANCE COMPANY (THE “COMPANY”)

NOTICE: PLEASE ANSWER ALL OF THE FOLLOWING INQUIRIES. IF THE COMPANY AGREES TO ISSUE A BOND, ALL OF THE INFORMATION WHICH THE APPLICANT PROVIDES WILL BECOME PART OF ANY BOND ISSUED TO THE APPLICANT BY FEDERAL INSURANCE COMPANY OR VIGILANT INSURANCE COMPANY. ANY INTENTIONAL MISREPRESENTATION, OMISSION, CONCEALMENT OR INCORRECT STATEMENT OF MATERIAL FACT IN THIS RENEWAL APPLICATION WILL BE GROUNDS FOR RECISION.

EXCEPT AS TO THE AMOUNT REQUIRED, THE FIDUCIARY FIDELITY BOND FOR EMPLOYEE BENEFITS PLAN PROVIDES PROTECTION TO THE ASSURED PLAN AS REQUIRED BY SECTION 412 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (“ERISA”), BUT ONLY AS RESPECTS ANY EMPLOYEE OF THE FIDUCIARY NAMED HEREIN. READ THE ENTIRE RENEWAL APPLICATION CAREFULLY BEFORE SIGNING.

RENEWAL APPLICATION INSTRUCTIONS:

1.Whenever used in this Renewal Application, the term "Applicant" shall mean the Fiduciary of the Employee Benefit Plans to be covered (hereinafter “Plans”).

2.Please include all requested underwriting information and attachments. Provide a complete response to all questions and attach additional pages if necessary.

I.NAME, ADDRESS AND CONTACT INFORMATION:

1.Name of Applicant:

2.Address of Applicant:

City:

 

State:

 

Zip Code:

 

Telephone:

3.Web address:

4.Name and Address of Primary Contact:

City:

 

State:

 

Zip Code:

 

Telephone:

 

e-Mail:

II.GENERAL APPLICANT INFORMATION:

1.Year Applicant established:

2.Nature of Applicant’s operations:

3.Please attach a copy of the following:

a.Most recent FYE Financial Statement of the Applicant.

b.Most recent CPA Letter of Recommendation to Management on Internal Controls regarding your ERISA Plan account activities, and Management’s written response thereto.

c.A complete schedule of all Plans for which the Applicant acts as a fiduciary and is requesting coverage. Please include the name of each Plan and the respective assets of each Plan. Also identify each Plan that holds employer securities. (The term “employer security”, within the meaning of section 407(d)(1) of ERISA, means a security issued by an employer of employees covered by the plan, or by an affiliate of such employer.)

14-03-0852 (12/2007)

Page 1 of 4

Chubb Group of Insurance Companies

FIDUCIARY FIDELITY BOND

15 MOUNTAIN VIEW ROAD

FOR EMPLOYEE BENEFITS PLAN

Warren, New Jersey 07059

(ERISA BOND) RENEWAL APPLICATION

 

 

4.Summary of Schedule in 3.c. above:

a.Number of Plans to be covered:

b.“Total required aggregate Limit of Liability” for all Plans:

(The “Total required aggregate Limit of Liability” equals the sum of the required Bond amounts for all Plans. As per section 412 of ERISA, the required Bond amount of limit of liability for each Plan shall not be less than 10% of the assets of the Plan and in no case shall the limit of liability for a specific Plan be less than $1,000 but no more than $500,000. However, the Pension Protection Act of 2006 requires a maximum amount of $1,000,000 for any Plan that holds employer securities.)

5.With respect to External Audits:

a.Does the CPA regularly review your system of internal controls regarding your ERISA Plan

account activities?

o Yes o No

b.Has the Applicant complied with all recommendations made as a result of its most recent

audit?

o Yes o No

If “No”, provide a schedule explaining any noncompliance with such recommendations.

6.Has the Applicant made any material changes in its operations including, but not limited to, corporate structure or bylaws, internal controls, or audit procedures during the previous twelve

(12) months?

o Yes o No

If “Yes”, attach an explanation.

7.Has the Applicant entered into, been operating under, or been advised of a regulatory agency’s intent to issue any consent agreements, special situation agreements, memoranda of understanding, cease and desist orders, or similar restrictions during the previous twelve (12)

months?

o Yes o No

If “Yes”, attach an explanation.

III.MATERIAL CHANGE:

If there is any material change in the answers to the questions in this Renewal Application before the bond inception date, the Applicant must immediately notify the Company in writing, and any outstanding quotation may be modified or withdrawn.

IV. DECLARATIONS, FRAUD WARNINGS AND SIGNATURES:

The Applicant's submission of this Renewal Application does not obligate the Company to issue, or the Applicant to purchase, a bond. The Applicant will be advised if the Renewal Application for coverage is accepted. The Applicant hereby authorizes the Company to make any inquiry in connection with this Renewal Application.

The undersigned authorized agent of the person(s) and entity(ies) proposed for this insurance declares, that to the best of his or her knowledge and belief, after reasonable inquiry, the statements made in this Renewal Application and in any attachments or other documents submitted with this Renewal Application are true and complete. The undersigned agrees that this Renewal Application and such attachments and other documents shall be the basis of the insurance should a bond providing the requested coverage be issued; that all such materials shall be deemed to be attached to and shall form a part of any such bond; and that the Company will have relied on all such materials in issuing any such bond.

14-03-0852 (12/2007)

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Chubb Group of Insurance Companies

FIDUCIARY FIDELITY BOND

15 MOUNTAIN VIEW ROAD

FOR EMPLOYEE BENEFITS PLAN

Warren, New Jersey 07059

(ERISA BOND) RENEWAL APPLICATION

 

 

The information requested in this Renewal Application is for underwriting purposes only and does not constitute notice to the Company under any policy of a claim or potential claim.

Notice to Arkansas, Louisiana, Maryland, Minnesota, New Mexico and Ohio Applicants: Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim containing a false, fraudulent or deceptive statement is, or may be found to be, guilty of insurance fraud, which is a crime, and may be subject to civil fines and criminal penalties.

Notice to Colorado Applicants: It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory agencies.

Notice to District of Columbia Applicants: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

Notice to Maine, Tennessee, Virginia and Washington Applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

Notice to Florida and Oklahoma Applicants: Any person who, knowingly and with intent to injure, defraud or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information is guilty of: a felony (in Oklahoma) or a felony of the third degree (in Florida).

Notice to Kentucky Applicants: Any person who, knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information, or conceals for the purpose of misleading, information concerning any material fact thereto, commits a fraudulent insurance act which is a crime.

Notice to New Jersey Applicants: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

Notice to Oregon and Texas Applicants: Any person who makes an intentional misstatement that is material to the risk may be found guilty of insurance fraud by a court of law.

Notice to Pennsylvania Applicants: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

Notice to New York Applicants: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to: a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

14-03-0852 (12/2007)

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Chubb Group of Insurance Companies

FIDUCIARY FIDELITY BOND

15 MOUNTAIN VIEW ROAD

FOR EMPLOYEE BENEFITS PLAN

Warren, New Jersey 07059

(ERISA BOND) RENEWAL APPLICATION

*This Renewal Application must be signed by the Officer responsible for ERISA accounts, the Compliance Officer or the General Counsel of the Applicant.

Date

 

Name (PRINT)

 

Signature*

 

Title

 

 

 

 

 

 

 

Produced By: Agent:

 

Agency:

 

 

Agency Taxpayer ID or SS No.:

 

Agent License No.:

 

 

Address (Street, City, State, Zip):

 

 

 

 

 

Submitted By: Agency:

 

 

 

 

 

Agency Taxpayer ID or SS No.:

 

Agent License No.:

 

 

Address (Street, City, State, Zip):

 

 

 

 

 

 

 

 

 

 

 

 

 

14-03-0852 (12/2007)

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Form Characteristics

Fact Title Details
Form Name This form is officially known as the Fiduciary Fidelity Bond Renewal Application, designated as 14 03 0852.
Purpose It is used to apply for coverage under an ERISA bond that protects employee benefit plans.
Governing Law The form is governed by the Employee Retirement Income Security Act of 1974 (ERISA), specifically section 412, which mandates minimum bond amounts.
Required Information Applicants must provide comprehensive details, including the nature of operations, financial statements, and information on all plans covered.
Fraud Warnings The form contains specific warnings about the consequences of submitting false information, with implications varying by state.

Guidelines on Utilizing 14 03 0852

The 14 03 0852 form, also known as the Fiduciary Fidelity Bond renewal application, is an important document for organizations seeking coverage under the Employee Retirement Income Security Act of 1974 (ERISA). It's essential to approach this application carefully, as the details provided will affect the bond coverage being applied for. Below are the steps to accurately complete the form.

  1. Provide Applicant Information:
    • Fill in the name of the applicant.
    • Provide the full address, including city, state, and zip code.
    • Include a contact telephone number.
    • Mention the web address of the applicant.
    • Enter the name and address of the primary contact person, along with their telephone number and email address.
  2. Complete General Applicant Information:
    • Indicate the year the applicant was established.
    • Describe the nature of the applicant’s operations.
    • Attach the following documents:
      • Most recent year-end financial statement.
      • Most recent CPA letter of recommendation on internal controls regarding your ERISA Plan account activities and management’s written response.
      • A complete schedule of all plans for which the applicant acts as a fiduciary.
  3. Fill in the Summary of Plans:
    • Specify the number of plans to be covered.
    • Calculate and state the total required aggregate limit of liability for all plans.
  4. Address External Audits:
    • Indicate whether the CPA regularly reviews your internal controls related to ERISA Plan account activities. (Yes or No)
    • State if the applicant has complied with all recommendations from the most recent audit. (Yes or No)
    • If "No," you need to provide an explanation of the noncompliance.
  5. Report on Material Changes:
    • Declare if there have been any material changes in operations within the last twelve months. (Yes or No)
    • If "Yes," attach a detailed explanation.
  6. Confirm Regulatory Agency Actions:
    • Disclose if the applicant has been under any new regulatory enforcement actions within the past twelve months. (Yes or No)
    • If "Yes," include an explanation of the conditions.
  7. Sign the Application:
    • The application must be signed by an authorized officer responsible for ERISA accounts, the Compliance Officer, or the General Counsel.
    • Include the date, printed name, signature, and title.
    • Agent and agency information must also be filled out at the end of the application.

Once you have completed the application, it is essential to review all provided information for accuracy. If necessary, gather any additional documents and ensure everything is well organized before submission. This careful attention will facilitate a smoother underwriting process.

What You Should Know About This Form

What is the purpose of the 14 03 0852 form?

The 14 03 0852 form serves as a renewal application for a fiduciary fidelity bond for employee benefit plans, as mandated by the Employee Retirement Income Security Act of 1974 (ERISA). By completing this form, the applicant applies for coverage with either Federal Insurance Company or Vigilant Insurance Company. It ensures that the bonds are adequately issued based on the applicant's financial stability and compliance with internal controls, which is essential for protecting employee benefit plans from potential fraud or loss.

Who qualifies as the Applicant on this form?

The term "Applicant" refers to the fiduciary responsible for managing the employee benefit plans seeking coverage. This individual or entity is critical in ensuring that the plans adhere to ERISA requirements and that all operations surrounding the plans are managed appropriately, thus safeguarding the interests of the employees covered by these plans.

What information needs to be provided in the general applicant section?

In the general applicant section, the following details must be supplied: the name of the applicant, address, year established, nature of operations, and contact information. Additionally, the applicant must attach financial statements, CPA letters on internal controls, and a comprehensive schedule listing all plans requiring coverage including their respective assets, especially those that hold employer securities.

What are the liability limits for the fiduciary fidelity bond?

The liability limits are stipulated in the form and are governed by ERISA regulations. The required bond amount for each plan should not be less than 10% of the plan's assets, with a minimum of $1,000 and a maximum of $500,000. For plans that hold employer securities, the limit may go up to $1,000,000 in accordance with the Pension Protection Act of 2006. Providing an accurate total required aggregate limit of liability for all plans is essential when applying.

What should an applicant do if there are material changes in operations?

Should there be any material changes in the applicant's operations—including changes in corporate structure, bylaws, internal controls, or audit procedures—the applicant must notify the insurance company immediately. This notification must occur prior to the bond’s inception date to ensure all information is current and accurately represented in the bond application process, which may lead to modifications in coverage offers.

What penalties arise from providing false information on the form?

Providing false or misleading information can have serious consequences. Depending on the state, it may lead to criminal liability, civil fines, and even denial of insurance benefits. Each state has specific laws outlining penalties for fraudulent statements in insurance applications, emphasizing the importance of honesty and accuracy while completing the 14 03 0852 form.

Common mistakes

Completing the 14 03 0852 form requires attention to detail. One common mistake is incomplete information. Applicants often skip questions or fail to provide all requested attachments. Each section is crucial for underwriting purposes. Missing details may lead to delays or even rejection of the application.

Another frequent error involves miscalculating the required limits of liability. Applicants should carefully assess the total assets of their plans. Each plan requires a bond amount that is at least 10% of its assets. Not adhering to this requirement, or misreporting the amount, could cause significant problems during the evaluation process.

Many individuals also neglect to update their responses regarding material changes. If there have been any changes in operations or compliance status, they must be reported in the form. Failing to disclose these changes may jeopardize coverage and lead to penalties or a refusal to cover claims based on misleading information.

Lastly, signing the application without thorough review is a critical error. All respondents must ensure accuracy before signing. The declaration binds the applicant to the provided information. Any false statements or omissions could have serious legal implications and result in the cancellation of coverage.

Documents used along the form

The 14 03 0852 form, used as a renewal application for a Fiduciary Fidelity Bond under ERISA, is often accompanied by various other documents. These accompanying forms and documents provide essential information concerning the operations and controls of the fiduciary applicant. Understanding these documents is crucial for a thorough evaluation of the applicant’s risk profile and compliance with regulatory requirements.

  • FYE Financial Statement: This financial statement summarizes the applicant's financial performance over the most recent fiscal year-end. It typically includes income statements, balance sheets, and cash flow statements, providing insights into the applicant's financial health.
  • CPA Letter of Recommendation: A letter from a certified public accountant discussing internal controls related to the ERISA plan activities. This document highlights recommendations for management and includes management’s responses, showcasing the applicant’s commitment to maintaining strong operational integrity.
  • Fiduciary Plan Schedule: This schedule details all employee benefit plans for which the applicant is acting as a fiduciary. It typically includes the names of the plans, their respective assets, and identifies any plans holding employer securities, essential for assessing potential liabilities.
  • Audit Compliance Schedule: This document outlines compliance with CPA recommendations from the most recent audit. It details any noncompliance issues and how they have been addressed, which is crucial for understanding the applicant’s adherence to best practices in governance and oversight.

Collectively, these documents provide a comprehensive view of the fiduciary's accountability and operational practices. Each element serves not only to support the renewal application but also to ensure that the fiduciary's responsibilities are met in accordance with regulatory standards.

Similar forms

The 14 03 0852 form is a renewal application for a Fiduciary Fidelity Bond under ERISA (Employee Retirement Income Security Act). This form has several counterparts that serve similar purposes in the realm of employee benefits. Here’s a look at seven documents that share similarities with the 14 03 0852 form:

  • Breach of Fiduciary Duty Claim Form: This form allows participants in an employee benefits plan to report breaches of fiduciary duty by plan managers. Like the renewal application, it is focused on protecting the interests of plan participants.
  • Summary Plan Description (SPD): The SPD provides essential information about a benefit plan to participants. Much like the renewal application, it ensures that participants are informed about their rights and the plan's provisions.
  • Form 5500: This annual return/report must be filed by employee benefit plans to help ensure compliance with ERISA. It, too, requires detailed financial information, similar to the documentation required in the renewal application.
  • Plan Audit Report: Often required under ERISA, this document assesses the plan's financial statements and compliance. It parallels the 14 03 0852 form in its focus on accountability and transparency.
  • Participant Enrollment Form: This form collects information from individuals who wish to enroll in an employee benefit plan. Like the renewal application, it is fundamental in establishing protective measures for the plan participants.
  • Notice of Benefits Availability: This document informs participants about the availability of benefits under the plan. Similar to the renewal application, it is part of ensuring that participants are kept aware of their rights.
  • Fidelity Bond Issuance Application: A form used to request the issuance of a fidelity bond for managing funds. This document closely relates to the renewal application as both involve the coverage of fiduciary duties and financial responsibilities under ERISA.

Dos and Don'ts

When filling out the 14 03 0852 form for the Fiduciary Fidelity Bond, there are essential dos and don'ts to keep in mind. Observing these guidelines can facilitate the application process and enhance the reliability of the information provided.

  • Do read the entire form carefully before starting.
  • Do provide complete and accurate information in all sections.
  • Do attach all required documents, including financial statements and CPA letters.
  • Do keep a copy of the completed application for your records.
  • Don’t leave any questions unanswered; incomplete applications may delay processing.
  • Don’t make intentional misrepresentations or provide false information; this can lead to penalties.
  • Don’t forget to include contact information for the primary contact person.
  • Don’t overlook updates; notify the company immediately of any material changes before the bond’s inception date.

Misconceptions

  • Misconception 1: The 14 03 0852 form is a standard bond application that requires no detailed information.
  • This form is specifically designed for the Fiduciary Fidelity Bond for Employee Benefits Plans, and it requires comprehensive details about the applicant's operations, plans, and financial condition. A complete response to all inquiries is essential.

  • Misconception 2: Completing the form guarantees that the bond will be issued.
  • Filling out the form does not obligate the insurance company to provide coverage. The application will undergo review, and coverage will be granted only upon acceptance.

  • Misconception 3: All information provided can remain confidential and not impact the bond.
  • All information included in the renewal application becomes part of the bond if issued. Any misrepresentation or omission may lead to rescission of the bond.

  • Misconception 4: The form requires only basic information about the applicant.
  • The renewal application involves rigorous scrutiny of various aspects, including financial statements, internal controls, and details about all plans for which coverage is being requested.

  • Misconception 5: It is acceptable to leave questions unanswered if the information is not readily available.
  • Every question in the application must be answered accurately. If additional information is required, attach supplementary pages instead of leaving sections blank.

  • Misconception 6: Only large companies need to worry about completing this form.
  • Even smaller organizations managing employee benefit plans must adhere to ERISA regulations and provide the necessary information on this renewal application.

  • Misconception 7: The insurance companies do not conduct any investigations based on the submitted information.
  • The renewing insurance company reserves the right to conduct inquiries regarding the information provided in the application. This ensures the integrity of the underwriting process.

  • Misconception 8: The bond amount is a fixed sum for every applicant.
  • The required bond amounts vary based on the assets of each plan and need to be properly calculated in accordance with ERISA provisions, which stipulate minimum and maximum limits.

  • Misconception 9: Any previous application used as a template suffices for the renewal application.
  • Each renewal application must be completed with up-to-date information. Changes in operations or plans over the previous year must be documented and reflected in the current application.

  • Misconception 10: Only the applicant must sign the form.
  • The signature must come from an authorized officer responsible for ERISA accounts, ensuring accountability and compliance within the organization.

Key takeaways

Filling out the 14 03 0852 form, also known as the Fiduciary Fidelity Bond Renewal Application, is a critical step for any organization seeking coverage for employee benefits plans. Below are key takeaways to ensure the process is understood and followed appropriately.

  • Provide Complete Information: Answer all questions thoroughly. Incomplete applications can lead to delays or denial of coverage.
  • Attach Necessary Documents: Along with the form, include critical documents such as financial statements and CPA letters. These support your application and allow for accurate underwriting.
  • Accurate Liability Assessment: Carefully calculate the total required aggregate limit of liability, as per ERISA guidelines. This ensures your plans are adequately covered.
  • Know Your Plans: Provide details about each plan, including names, respective assets, and identification of any that hold employer securities. This clarity is essential for proper assessment.
  • Incorporate Material Changes: Notify the company of any significant operational changes made in the last twelve months. Open communication can prevent issues down the line.
  • Review Internal Controls: Ensure that your CPA regularly reviews internal controls for the ERISA plan activities. Affirmative responses increase credibility and trust.
  • Document Noncompliance: If there were recommendations made by auditors that were not adhered to, attach a clear schedule explaining the reasons for noncompliance.
  • Awareness of Misrepresentation Consequences: Understand that misrepresenting any information can lead to severe legal repercussions. Transparency is vital.
  • Signature Requirement: The form must be signed by a responsible party such as the compliance officer or general counsel, confirming all information is accurate.
  • Monitor Your Application: After submission, keep track of your application’s status. Prompt responses to any inquiries can facilitate a smoother approval process.

By keeping these takeaways in mind, organizations can increase their chances of successfully obtaining the necessary coverage through the 14 03 0852 form.