[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Proposed Rules]
[Pages 58-60]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34031]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Parts 701, 713, 741


Organization and Operations of Federal Credit Unions; Fidelity 
Bond and Insurance Coverage for Federal Credit Unions; Requirements for 
Insurance

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The NCUA is proposing to update, clarify, revise and 
redesignate its regulation that addresses the requirements for surety 
bond coverage for losses caused by credit union employees and officials 
and for general insurance coverage for losses caused by persons outside 
of the credit union, e.g., losses due to theft, holdup or vandalism. 
The proposed rule recasts the rule in plain English format and adds 
several previously approved bond forms to the regulation.

DATES: Submit comments on or before March 5, 1999.

ADDRESSES: Direct comments to Becky Baker, Secretary of the Board. Mail 
or hand-deliver comments to: National Credit Union Administration, 1775 
Duke Street, Alexandria, VA 22314-3428. Fax comments to (703) 518-6319. 
Please send comments by one method only. 

FOR FURTHER INFORMATION CONTACT: Robert M. Fenner, General Counsel, or 
Allan Meltzer, Associate General Counsel, at the above address, or 
telephone (703) 518-6540.

SUPPLEMENTARY INFORMATION: The Federal Credit Union Act sets forth 
statutory requirements for the bonding of credit union employees and 
appointed and elected officials. 12 U.S.C. 1761a, 1761b(2) and 1766(h). 
The NCUA Board is directed to promulgate regulations setting forth both 
the amount and character of bond requirements for employees and 
officials. The NCUA Board is also granted the following powers 
concerning bonding:

To approve bond forms;
To set minimum requirements for bond coverage;
To require such other surety coverage as the Board may determine to be 
reasonably appropriate;
To approve a blanket bond in lieu of individual bonds; and
To approve bond coverage in excess of minimum surety coverage.

    In addition, NCUA's general rulemaking authority provides a 
statutory basis for both the bonding requirements of Section 701.20 and 
the insurance coverage requirements related to losses caused by persons 
outside the credit union. 12 U.S.C. 1766(a), 1789(a)(11).
    NCUA has a policy of periodically reviewing its regulations to 
``update, clarify and simplify existing regulations and eliminate 
redundant and unnecessary provisions.'' IRPS 87-2, Developing and 
Reviewing Government Regulations. As part of its regulatory review 
program, NCUA reviewed Sec. 701.20 to determine whether the language of 
the regulation was clear and effective. As a result of that review, 
these amendments are proposed to increase regulatory effectiveness by 
making it easier for credit unions to understand the requirements 
regarding surety bonds and other insurance. The proposed rule also adds 
a number of bond forms which have been approved by the NCUA for use by 
federal credit unions.
    In addition, when the original surety bond regulation was issued, 
no surety bond policy provided for an aggregate limit of liability. 
Most approved policies now provide for such a limit. The minimum 
required bond coverage provision of the proposed rule has been modified 
to clarify that the required dollar amount of coverage is for a single 
loss under the bond. Any aggregate limit of liability provided for in 
the policy must be for at least twice the single loss limit of 
liability.

Regulatory Procedures

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
to describe any significant economic impact any proposed regulation may 
have on a substantial number of small entities (primarily those under 
$1 million in assets). The NCUA Board has determined and certifies that 
the proposed amendment, if adopted, will not have a significant 
economic impact on a substantial number of small credit unions. 
Accordingly, the Board has determined that a Regulatory Flexibility 
Analysis is not required.

Paperwork Reduction Act

    NCUA has determined that the proposed amendment does not increase 
paperwork requirements under the Paperwork Reduction Act of 1995 and 
regulations of the Office of Management and Budget.

Executive Order 12612

    The NCUA Board has determined that the proposed rule will not have 
a substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among various levels of government.

List of Subjects

12 CFR Part 701

    Credit, Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 713

    Credit unions, Surety bonds.

12 CFR Part 741

    Bank deposit insurance, Credit unions, Reporting and recordkeeping 
requirements.

    By the National Credit Union Administration Board this 17th day 
of December, 1998.
Becky Baker,
Secretary of the Board.

    For the reasons set forth in the preamble, it is proposed that 12 
CFR chapter VII be amended as follows:

PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

    1. The authority citation for part 701 continues to read as 
follows:


[[Page 59]]


    Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a, 
1761b, 1766, 1767, 1782, 1784, 1787, 1789. Section 701.6 is also 
authorized by 15 U.S.C. 3717. Section 701.31 is also authorized by 
15 U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601-3610. Section 701.35 
is also authorized by 42 U.S.C. 4311-4312.

    2. Part 701 is amended by removing and reserving 701.20.
    3. Part 713 is added to read as follows:

PART 713--FIDELITY BOND AND INSURANCE COVERAGE FOR FEDERAL CREDIT 
UNIONS

Sec.
713.1  What is the scope of this section?
713.2  What are the responsibilities of a credit union's board of 
directors under this section?
713.3  What bond coverage must a credit union have?
713.4  What bond forms may be used?
713.5  What is the required minimum dollar amount of coverage?
713.6  What is the permissible deductible?
713.7  May the NCUA Board require a credit union to secure 
additional insurance coverage?

    Authority: 12 U.S.C. 1761a, 1761b, 1766(a), 1766(h), 
1789(a)(11).


Sec. 713.1  What is the scope of this section?

    This section provides the requirements for fidelity bonds for 
Federal credit union employees and officials and for other insurance 
coverage for losses such as theft, holdup, vandalism, etc., caused by 
persons outside the credit union.


Sec. 713.2  What are the responsibilities of a credit union's board of 
directors under this section?

    The board of directors of each Federal credit union must at least 
annually review its fidelity and other insurance coverage to ensure 
that it is adequate in relation to the potential risks facing the 
credit union and the minimum requirements set by the Board.


Sec. 713.3  What bond coverage must a credit union have?

    At a minimum, your bond coverage must:
    (a) Come from a company holding a certificate of authority from the 
Secretary of the Treasury; and
    (b Include fidelity bonds that cover fraud and dishonesty by all 
employees, directors, officers, supervisory committee members, and 
credit committee members.


Sec. 713.4  What bond forms may be used?

    (a) The following basic bonds may be used without prior NCUA Board 
approval:

------------------------------------------------------------------------
         Credit union form No.                       Carrier
------------------------------------------------------------------------
Credit Union Blanket Bond Standard Form  Various.
 23 of the Surety Association of
 America (revised May 1950)
Extended Form 23.......................  USFG.
100....................................  CUMIS (only approved for
                                          corporate credit union use).
200....................................  CUMIS.
300....................................  CUMIS.
400....................................  CUMIS.
AIG 23.................................  National Union Fire Insurance
                                          Co. of Pitts., PA.
Reliance Preferred Form 23.............  Reliance Insurance Company.
Form 31................................  ITT Hartford.
Form 24 with Credit Union Endorsement..  Continental (only approved for
                                          corporate credit union use).
Form 40325.............................  St. Paul Fire and Marine.
Form F2350.............................  Fidelity & Deposit Co. Of
                                          Maryland.
Form 9993 (6/97).......................  Progressive Casualty Insurance
                                          Co.
------------------------------------------------------------------------

    (b) To use any of the following, you need prior written approval 
from the Board:
    (1) Any other basic bond form; or
    (2) Any rider or endorsement that limits coverage on approved bond 
forms.


Sec. 713.5  What is the required minimum dollar amount of coverage?

    (a) The minimum required amount of fidelity bond coverage for any 
single loss is computed based on a Federal credit union's total assets.

------------------------------------------------------------------------
                 Assets                            Minimum bond
------------------------------------------------------------------------
$0 to $10,000..........................  Coverage equal to the credit
                                          union's assets.
$10,001 to $1,000,000..................  $10,000 for each $100,000 or
                                          fraction thereof.
$1,000,001 to $50,000,000..............  $100,000 plus $50,000 for each
                                          million or fraction over
                                          $1,000,000.
$50,000,001 to $295,000,000............  $2,550,000 plus $10,000 for
                                          each million or fraction
                                          thereof over $50,000,000.
Over $295,000,000......................  $5,000,000.
------------------------------------------------------------------------

    (b) This is the minimum coverage required, but a Federal credit 
union's board of directors should purchase additional coverage when 
circumstances, such as cash on hand or cash in transit warrant.
    (c) While the above is the required minimum amount of bond 
coverage, credit unions should maintain increased coverage equal to the 
greater of either of the following amounts within thirty days of 
discovery of the need for such increase:
    (1) The amount of the daily cash fund, i.e. daily cash plus 
anticipated daily money receipts on the credit union's premises, or
    (2) The total amount of the credit union's money in transit in any 
one shipment.
    (3) Increased coverage is not required pursuant to this paragraph 
(c), however, when the credit union temporarily increased its cash fund 
because of unusual events which cannot reasonably be expected to recur.
    (d) Any aggregate limit of liability provided for in a surety bond 
policy must be at least twice the single loss limit of liability.
    (e) Any proposal to reduce your bond coverage must be approved in 
writing by the NCUA Board at least twenty days in advance of the 
proposed effective date of the reduction.

[[Page 60]]

Sec. 713.6  What is the permissible deductible?

    (a)(1) The maximum amount of allowable deductible is computed based 
on a Federal credit union's asset size, as follows:

------------------------------------------------------------------------
                 Assets                            Minimum bond
------------------------------------------------------------------------
$0-$100,000                              No deductibles allowed.
$100,001-$250,000......................  $1,000.
$250,001-$1,000,000....................  $2,000.
Over $1,000,001........................  $2,000 plus 1/1000 of total
                                          assets up to a maximum
                                          deductible of $200,000.
------------------------------------------------------------------------

    (2) The deductibles may apply to one or more insurance clauses in a 
policy. Any deductibles in excess of the above amounts must receive the 
prior written permission of the NCUA Board.
    (b) A deductible may not exceed 10 percent of a credit union's 
Regular Reserve unless a separate Contingency Reserve is set up for the 
excess. In computing the maximum deductible, valuation accounts such as 
the allowance for loan losses cannot be considered.


Sec. 713.7  May the NCUA Board require a credit union to secure 
additional insurance coverage?

    The NCUA Board may require additional coverage when the Board 
determines that a credit union's current coverage is inadequate. The 
credit union must purchase this additional coverage within 30 days.

PART 741--REQUIREMENTS FOR INSURANCE

    4. The authority citation for part 741 continues to read as 
follows:

    Authority: 12 U.S.C. 1757, 1766 and 1781-1790. Section 741.4 is 
also authorized by 31 U.S.C. 3717.


Sec. 741.20  [Amended]

    5. Section 741.201 (a) and (b) are amended by removing 
``Sec. 701.20'' and adding ``Part 713'' in its place.

[FR Doc. 98-34031 Filed 12-31-98; 8:45 am]
BILLING CODE 7535-01-P