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Content Last Revised: 12/27/63
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter XXV  

Pension and Welfare Benefits Administration, Department of Labor

 

 

Part 2580  

Temporary Bonding Rules

 

 

 

Subpart A  

Criteria for Determining Who Must Be Bonded


29 CFR 2580.412-4 - ``Funds or other property'' of a plan.

  • Section Number: 2580.412-4
  • Section Name: ``Funds or other property'' of a plan.

    The affirmative requirement for bonding persons falling within the 
definition of administrator, officer or employee is applicable only if 
they handle ``funds or other property'' of the plan concerned. The term 
``funds or other property'' is intended to encompass all property which 
is used or may be used as a source for the payment of benefits to plan 
participants. It does not include permanent assets used in the operation 
of the plan such as land and buildings, furniture and fixtures or office 
and delivery equipment used in the operation of the plan. It does 
include all items in the nature of quick assets,
such as cash, checks and other negotiable instruments, government 
obligations and marketable securities. It also includes all other 
property or items convertible into cash or having a cash value and held 
or acquired for the ultimate purpose of distribution to plan 
participants or beneficiaries. In the case of a plan which has 
investments, this would include all the investments of the plan even 
though not in the nature of quick assets, such as land and buildings, 
mortgages, and securities in closely held corporations. However, in a 
given case, the question of whether a person was ``handling'' such 
``funds or other property'' so as to require bonding would depend on 
whether his relationship to this property was such that there was a risk 
that he, alone or in connivance with others, could cause a loss of such 
``funds or other property'' through fraud or dishonesty.
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