Liability and Theft Insurance for Pension fund Trustees

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1 PROPOSAL FORM Liability and Theft Insurance for Pension fund Trustees Important Notice 1. This is a proposal for a contract of insurance, in which Proposer or you/your means the individual, company, partnership, limited liability partnership, organisation or association proposing cover. 2. This proposal must be completed in ink, signed and dated. All questions must be answered to enable a quotation to be given but completion does not bind you or Underwriters to enter into any contract of insurance. If space is insufficient to answer any questions fully, please attach a signed continuation sheet. You should retain a copy of the completed proposal (and of any other supporting information) for future reference. 3. All facts material to the proposed insurance must be disclosed, fully and truthfully to the best of your knowledge and belief. Failure to do so may make the contract of insurance voidable or severely prejudice your rights in the event of a claim. A material fact is one likely to influence Underwriters assessment or acceptance of the proposal; if you are uncertain what may be a material fact, you should consult your broker. 4. You are recommended to request a specimen copy of the proposed policy wording from your insurance broker and to consider carefully the terms, conditions, limitations and exclusions applicable to the cover. The proposed insurance covers only those losses which arise from certain events discovered or claims made against the assured during the period of insurance, as specified in the policy. Proposer 1. a. Please provide the following information in respect of each Trust Name of Trust Registered number Date of establishment Name of all Employer Companies who are contributing to the Trust or have contributed in the past

2 b. Name of principal Employer Company... c. Address of Principal Employer Company... d. Telephone Number:... e. Fax Number:... f. address:... g. Website address:... h. Company Registration number of principal Employer Company What type of pension schemes are provided? a. Final Salary b. Money Purchase c. Other (please provide details below) 3. Can you confirm that a. the scheme if Tax Approved (i.e. SFO)? b. the rules governing the operation of the Trust(s) are written in definitive trust deed? c. solicitors are consulted when changes to the trust deed are being considered or effected? d. no more than 5% of any Trust(s) assets are invested in any Employer Company, its subsidiaries or financially associated companies? e. none of the Employer Companies who are still trading are i. Insolvent (liabilities exceed assets) Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 2

3 ii. iii. iv. Unable to pay its debts as they fall due In liquidation, the subject of a winding-up petition or have issued notices of a meeting to consider a resolution for its liquidation The subject of an administration order or an application for an administration order f. no part of the Trust(s) are in run-off (i.e. no active members)? If NO please provide full details a. Please provide approximate numbers of i. active members... ii. deferred members (ex. Employees not yet retired )... iii. retired members (receiving payment)... b. Can you confirm that there have been no significant variation in these numbers over the last three years? If No please provide details What is the current estimated value of the fund(s)? (or, in the case of Money Purchase, the total assets of the Group Personal Plan) Can you confirm that a. having taken into account the advice of Third Party Service Providers i. the current estimated value of the fund(s) is considered adequate to meet future obligations? ii. iii. the fund(s) is at least 90% solvent? the fund(s) is not deficit? b. actuarial valuations are carried out least once every three years? c. all recommendations made by actuaries and/or auditors are always instigated and acted upon? If NO please answer the following questions Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 3

4 a. Provide full details of the fund s inadequacy and /or deficit or the extent of its insolvency if less that 90% b. Please provide full details including recommended action by the fund s actuaries to remedy the situation, what action the trustees have or are planning to take and time scales involved. c. How often are actuarial valuations undertaken? d. Please explain why actuary s/auditor s recommendations are not always instigated or acted upon 7. Can you confirm that a. all actuarial valuations of the fund are undertaken by external, professionally qualified actuaries? b. at least 95% of investments are controlled by an external, suitably qualified and authorised investment manager? c. the Trustees do not retain control of any investments? d. any pension consultants utilised by the Trustees is suitably qualified and is an external appointment? e. the Trustees maintain full legal rights against all of the above Third Party Services Providers? f. there has been no change in any of the above Third Party Service Providers during the last three years and none are foreseen in the forthcoming twelve months? If NO to any of the above please provide full details Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 4

5 8. Have any of the Employer Companies taken contribution holiday in the last three years or plan to do so in the forthcoming 12 months If YES please answer the following questions a. Can you confirm that i. proper advice was sought from the Third Party Service Providers? ii. iii. the level of benefits were considered in the light of such advice and the Trust deed? there were no disputes? If NO please provide full details Can you confirm that a. all corporate Trustees are either i. Third party Service Providers, or ii. subsidiaries of an Employer Company only acting for the Trust(s) proposing for insurance? b. all Corporate Trustees comply with the requirements and recommendations of the Pensions Regulator in respect of their function and operation? c. all Personal Trustees are recruited from and fairly represent all groups and classes of beneficiaries under the Trust(s) (e.g. directors, white collar, blue collar etc)? If NO to any of the above please provide full details Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 5

6 10. Can you confirm that a. all day to day administrative functions of the Trusts are performed by a full time employee, director or partners of an Employer Company b. the administrators (including Corporate Trustees) are able to meet their costs from the fees that they charge? c. the Trust s accountants conducts a full time audit of the Trust(s) at least once per year? d. the Trust s accountant regularly reviews the procedures and controls for ensuring the safe keeping of the Trust(s) property? e. all recommendations made by the Trust s accountant with regard to procedures and controls are implemented? f. the Trust does not provide loans? If NO to any of the above please provide full details Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 6

7 11. Does any Trust property remain in the day to day custody and control of the Trustees? If YES please answer the following questions a. Please describe the property... b. For what purpose is the property retained by the Trustees?... c. What are the maximum values? i. held at any one location at any one time?... ii. in transit at any one time?... d. what mode of transport is used to effect the transit of such property?... e. Is the property at risk of theft by electronic means? If YES please provide details of security controls implemented to prevent fraudulent manipulation of the computer systems Have the proposers previously been insured or are they currently insured for the risks being proposed? If YES please answer the following questions a. What is the Retroactive Date of the current policy?... b. Who are the current Insurers?... Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 7

8 13. Can you confirm that a. as far as is known the Proposers have never been refused this type of insurance or had similar insurance cancelled? b. if an insurance similar to that now being proposed had been or were now in effect no claim which has been made or which is now pending against any persons proposed for insurance would have fallen within the scope of such insurance? c. no party proposed for insurance is aware AFTER ENQUIRY of any circumstances or incidents which he/she has any reason to suppose might afford grounds for any future claim such as would fall within the scope of the proposed insurance? If NO can you please answer the following question d. Provide full details, including (if claims have been made against you within the last five years) whether or not such matters have been notified to current or previous insurers What indemnity limit is required? 500,000 1,000,000 2,000,000 5,000,000 Other (please specify) Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 8

9 Data Protection Act 1998 Consent to use of information Underwrites will use the information provided herein to manage the insurance policy, including underwriting and claims handling. This may include disclosing it to other insurers, regulatory authorities or to Underwriter s agents providing services on their behalf. In order to detect and prevent fraud Underwriters may at any time: a. Share information about the Proposer and/or its partners, principals, directors, officers and/or employees with other organisations and public bodies including the Police; b. Check and/or file the Proposer s and/or its partner s, principals, directors and/or officers details with fraud prevention agencies and databases and if Underwriters suspect fraud, Underwrites will record this. Underwriters and other organisations may also search these agencies and databases to: i. Help make decisions about the provision and administration of insurance, credit and related services for the Proposer, its partners, principals, directors and officers; ii. Trace debtors or beneficiaries, recover debt, prevent fraud and to manage the Proposer s accounts and insurance policies; iii. Check identities to prevent money laundering; c. Undertake credit searches and additional fraud searches. Underwriters can supply on request further details of the databases that they access or contribute to. Declaration I the undersigned hereby confirm that I am duly authorised and do give consent to the use of information as set out in Section 15 above. I also hereby declare that I am authorised to complete this proposal on behalf of the Proposer and that the statements and particulars in this proposal are true and complete and no material facts have been mis-stated or suppressed. I undertake to inform Underwriters of any material alteration or addition to these statements or particulars which occurs before the commencement of the period of insurance. It is hereby acknowledged and agreed that the terms conditions limitations and exclusions of the policy may be subject to alteration at anytime prior to the commencement of the period of insurance should any such material alterations or additions arise. Signing of this proposal does not bind Underwriters to offer nor the applicant to accept insurance, but it is acknowledged and agreed that this proposal (together with all documents accompanying it and any other information supplied by the Proposer or the partners, principals, directors and officers to Underwriters in connection with the policy) shall be the basis and form part of any such contract. *Signed: Name: *Capacity Date: *the signatory should be a director or senior officer of, or partner in, the Proposer. N.B. If the value of the fund exceeds 50 million (QUESTION 5) please submit: (a) a copy of the funds latest Reports and Accounts (b) a copy of the last actuarial valuation (c) a copy of the indemnity clause which is incorporated within the trust deed. Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 9

10 NOTICE TO THE PROPOSER The Underwriters The Underwriters will be either Markel International Insurance company Limited or Markel Syndicate 3000 at Lloyd s together with any other subscribing insurer(s). Prior to any placement being concluded, the Proposer will be advised which insurer(s) is/are to write this contract of insurance. The Law of the Insurance Contract The parties to this proposed insurance are free to choose the law applicable to the insurance contract. Unless specifically agreed otherwise with Underwriters, the proposed contract will be governed by English law. Procedure for queries or complaints Below are two complaints notices. If you are insured with Markel Syndicate 3000 at Lloyd s please follow the procedure set out in (1) below. If you are insured with Markel International Insurance Company Ltd, please follow the procedure set out in (2). 1. Markel Syndicate 3000 at Lloyd s If at any time you have any questions or concerns regarding this Policy of the handling of a claim, you should in the first instance refer to your insurance broker or intermediary, if applicable. If your problem cannot be resolved in this way, please write to the Claims Manager, Professional Liability Division, Markel International Limited, The Markel Building, 49 Leadenhall Street, London, EC3A 2EA. We will then advice you of Markel s internal complaints handling procedure. If you are still unable to resolve the situation and wish to make a complaint you can do so at any time by referring the matter to the Complaints Department at Lloyd s. Their address is Complaints Department, Lloyd s, One Lime Street, London, EC3M 7HA; Tel: ; Fax: ; Complaints that cannot be resolved by our internal complaints handling procedure or by the Complaints Department at Lloyd s may be referred to the Financial Ombudsman Services. Further details will be provided at the appropriate stage of the complaints process. These complaints procedures do not effect your right to have recourse to legal action or to any other remedy available to you. 2. Markel International Insurance Company Ltd If at any time you have any questions or concerns regarding this Policy or the handling of a claim, you should in the first instance refer to your insurance broker or intermediary, if applicable. If your problem cannot be resolved in this way, please write to the Claimant Manager, Professional Liability Division, Markel International Limited, The Markel Building, 49 Leadenhall Street, London, EC3A 2EA. We will then advise you of Markel s internal complaints handling procedure. Complaints that cannot be resolved by our internal complaints handling procedure may be referred to the Financial Ombudsman Service. Further details will be provided at the appropriate stage of the complaints process. These complaints procedures do not effect your right to have recourse to legal action or to any other remedy available to you. Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 10

11 About Us Markel International Limited is the London based subsidiary for the international operations of Markel Corporation and is one of the UK s leading specialist insurance companies. The company has developed its expertise through understanding and catering for niche markets. In each of these markets Markel aims to provide quality products and excellent customer service thereby establishing the Markel brand as a market leader. The company operates in the UK through two commercial entities: Markel International Insurance Company Limited, its London based insurance company and Markel Syndicate 3000, its 100 per cent owned Lloyd s syndicate. In both of these business environments Markel International offers a wide range of products, with its considerable underwriting expertise organised around the following product lines: Marine & Energy, Non-Marine Property, Specialty, Professional Liability and Retail. For more details about our products, please visit our website at The Markel Building, 49 Leadenhall Street, London EC3A 2EA Tel: +44 (0) Fax: +44 (0) Liability and Theft Insurance for Pension Fund Trustees Proposal Form Page 11

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