5 U.S.C. § 8478 — Bonding
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 716 words · no verdicts yet
Fiduciaries and anyone who handles Thrift Savings Fund money or property must generally be bonded against loss from fraud or dishonesty. Large, regulated financial institutions with enough capital are exempt. The Secretary of Labor sets bond amounts, usually 10 percent of funds handled, between $1,000 and $500,000.
(a)(1) Except as (2) allows, every fiduciary and everyone who handles Thrift Savings Fund* money or property must be bonded, as this section requires.
(2)(A) A fiduciary (or its officers or employees) does not need a bond if that fiduciary: (i) is a corporation organized and doing business under United States or state law; (ii) is authorized under that law to exercise trust powers or run an insurance business; (iii) is supervised or examined by a federal or state authority; and (iv) always has combined capital and surplus above a minimum the Secretary of Labor sets by regulation, of at least $1,000,000.
(B) If a bank or financial institution would otherwise skip bonding under (A), but (ii) it is authorized to exercise trust powers, and (iii) the Federal Deposit Insurance Corporation does not insure its deposits, then it only gets that exception if it meets state bonding requirements the Secretary of Labor determines are at least equivalent to the federal requirements for banks.
(b)(1) The Secretary of Labor prescribes the bond amount at the start of each fiscal year. Except as this paragraph provides otherwise, it must be at least 10 percent of the funds handled. It may never be less than $1,000 or more than $500,000, unless the Secretary, after notice, an opportunity for a hearing for interested parties, and considering the record, prescribes a higher amount.
(2) For setting that bond amount, "funds handled" is determined by the amount handled by the person*, group, or class (or their predecessor) during the preceding fiscal year, or the amount expected to be handled during the current fiscal year, as estimated under the Secretary of Labor's regulations.
(c) A bond required by (a) must: (1) include terms the Secretary of Labor considers necessary to protect the Fund* against loss from fraud or dishonesty by the bonded person, alone or working with others; (2) have as surety a corporate surety company acceptable for federal bonds under sections 9304 through 9308 of title 31; and (3) be in a form the Secretary of Labor approves, including individual bonds or blanket bonds covering a group or class.
(d)(1) It is unlawful for anyone covered by (a) to receive, handle, disburse, or otherwise control Fund money or property without being bonded as this section requires.
(2) It is unlawful for a fiduciary, or anyone else with authority to direct that work, to let someone covered by (a) do it without meeting (a)'s requirements.
(e) Anyone required to be bonded under (a) is exempt from any other law that would otherwise require a bond for handling Fund money or property.
(f) The Secretary of Labor must prescribe regulations needed to carry out this section, including exempting a person or class of people from its requirements.
Except as provided in paragraph (2), each fiduciary and each person* who handles funds or property of the Thrift Savings Fund* shall be bonded as provided in this section.
Bond shall not be required of a fiduciary (or of any officer or employee* of such fiduciary) if such fiduciary—
is a corporation organized and doing business under the laws of the United States or of any State;
is authorized under such laws to exercise trust powers or to conduct an insurance business;
is subject to supervision or examination by Federal or State authority; and
has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations.
If—
a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A),
the bank or financial institution is authorized to exercise trust powers, and
the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation,
such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law.
The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Except as otherwise provided in this paragraph, such amount shall not be less than 10 percent of the amount of funds handled. In no case shall such bond be less than $1,000 nor more than $500,000, except that the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe an amount in excess of $500,000.
For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor.
A bond required by subsection (a)—
shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Thrift Savings Fund* against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others;
shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 9304 through 9308 of title 31; and
shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class.
It shall be unlawful for any person to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Thrift Savings Fund without being bonded as required by this section.
It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection.
Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Thrift Savings Fund.
The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 586; amended Pub. L. 99–556, title I, §§ 108, 115, Oct. 27, 1986, 100 Stat. 3132, 3134; Pub. L. 102–378, § 2(72), Oct. 2, 1992, 106 Stat. 1355.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 586
- 1986Amended · Pub. L. 99-556 · 100 Stat. 3132, 3134
- 1992Amended · Pub. L. 102-378 · 106 Stat. 1355
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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