Only completely unfunded plans in which the plan benefits derive solely from the general
assets of a union 1 or employer, and in which plan assets are not segregated in any way from the general
assets of a union or employer and remain solely within the general assets until the
time of distribution of benefits, shall be exempt from the bonding provisions. As such, the language “where such plan is one under which the only assets from which
benefits are paid are the general assets of a union or of an employer” shall not be
deemed to exempt a plan from the coverage of section 13 if the plan is one in which:
For purposes of the exemption discussed in § 2580.412–2, the term “union” shall include
“ * * * any organization of any kind or any agency or employee representation committee,
association, group, or plan, in which employees participate and which exists for the
purpose in whole or in part, of dealing with employers concerning an employee welfare
or pension benefit plan, or other matters incidental to employment relationships *
* * ” (29 U.S.C. 302(a)(3)).
(a) Any benefits thereunder are provided or underwritten by an insurance carrier or service
or other organization, or
(b) There is a trust or other separate entity to which contributions are made or out
of which benefits are paid, or
(c) Contributions to the plan are made by the employees, either through withholding or
otherwise, or from any source other than the employer or union involved, or
(d) There is a separately maintained bank account or separately maintained books and
records for the plan or other evidence of the existence of a segregated or separately
maintained or administered fund out of which plan benefits are to be provided.
As a general rule, the presence of special ledger accounts or accounting entries for
plan funds as an integral part of the general books and records of an employer or
union shall not, in and of itself, be deemed sufficient evidence of segregation of
plan funds to take a plan out of the exempt category, but shall be considered along
with the other factors and criteria discussed above in determining whether the exemption
applies. Again, it should be noted, however, that the fact that a plan is not exempt from
the coverage of section 13 does not necessarily mean that its administrators, officers or employees are required
to be bonded. As stated previously, this will depend in each case on whether or not they “handle”
funds or other property of the plan within the meaning of section 13 and under the standards set forth in § 2580.412–6.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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