Single Ownership
Accounts
All funds owned by an individual member (or, in a community
property state, by the husband-wife community of which the
individual is a member) and invested by the member in one or
more individual accounts are added together and insured to the
$100,000 maximum. This is true whether the accounts are
maintained in the name of the individual member owning the
funds, in the name of the member's agent or nominee, or in a
custodial loan account on behalf of the member as a borrower.
All such accounts are added together and insured as one
individual account. Funds held in one or more accounts in the
name of a guardian, custodian, or conservator for the benefit of
a ward or minor are added together and insured up to $100,000.
However, such an account or accounts will not be added to any
other individual accounts of the guardian, custodian,
conservator, ward, or minor for purposes of determining
insurance coverage.
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Joint Accounts
The interest of a co-owner in all accounts held under any form
of joint ownership valid under state law (whether as joint
tenants with right of survivorship, tenants by the entireties,
tenants in common, or by husband and wife as community property)
is insured up to $100,000. This insurance is separate from that
afforded individual accounts held by any of the co-owners.
An account is insured as a joint account only if each of the
co-owners has personally signed a membership card or an account
signature card and possesses the same withdrawal rights as the
other co-owners. (The signature requirement does not apply to
share certificates, or to any accounts maintained by an agent,
nominee, guardian, custodian or conservator on behalf of two or
more persons. However, the records of the credit union must show
that the account is being maintained for joint owners. There is
also another exception in the case of a minor discussed below.)
An account owned jointly which does not qualify as a joint
account for insurance purposes is insured as if owned by the
named persons as individuals. In that case, the actual ownership
interest in the account of each person is added to any other
accounts individually owned by such person and insured up to
$100,000 in the aggregate.
Any individual, including a minor, may be a co-owner of a
joint account. Although, generally, each co-owner must have
signed an account signature card and must have the same rights
of withdrawal as other co-owners in order for the account to
qualify for separate joint account insurance, there is an
exception for minors. If state law limits or restricts a minor's
withdrawal rights - for example, a minimum age requirement to
make a withdrawal - the account will still be insured as a joint
account.
The interests of a co-owner in all joint accounts that
qualify for separate insurance coverage are insured up to the
$100,000 maximum. For insurance purposes, the co-owners of any
joint account are deemed to have equal interests in the account,
except in the case of a tenancy in common. With a tenancy in
common, equal interests are presumed unless otherwise stated on
the records of the credit union.
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Trust and Retirement Accounts
A trust estate is the interest of a beneficiary in an
irrevocable express trust, whether created by trust instrument
or statue, that is valid under state law. Thus, funds invested
in an account by a trustee under an irrevocable express trust
are insured on the basis of the beneficial interest under such
trust. The interest of each beneficiary in an account (or
accounts) established under such a trust arrangement is insured
to $100,000 separately from other accounts held by the trustee,
the settlor (grantor), or the beneficiary. However, in cases
where a beneficiary has an interest in more than one trust
arrangement created by the same settlor, the interests of the
beneficiary in all accounts established under such trusts are
added together for insurance purposes, and the beneficiary's
aggregate interest derived from the same settlor is separately
insured to the $100,000 maximum.
A beneficiary's interest in an account established pursuant
to an irrevocable express trust arrangement is insured
separately from other beneficial interests (trust estates)
invested in the same account if the value of the beneficiary's
interest (trust estate) can be determined (as of the date of a
credit union's insolvency) without evaluation of contingencies
except for those covered by the present worth tables and rules
of calculation for their use set forth in Section 20.2031-10 of
the Federal Estate Tax Regulations (26 C.F.R. 20- 2031-10). If
any trust estates in such an account cannot be so determined,
the insurance with respect to all such trust estates together
shall not exceed the basic insured amount of $100,000. In order
for insurance coverage of trust account to be effective in
accordance with the foregoing rules, certain record keeping
requirements must be met. In connection with each trust account,
the credit union's records must indicate the name of both the
settlor and the trustee of the trust and must contain an account
signature card executed by the trustee indicating the fiduciary
capacity of the trustee. In addition, the interests of the
beneficiaries under the trust must be ascertainable from the
records of either the credit union or the trustee, and the
settlor or beneficiary must be a member of the credit union. If
there are two or more settlors or beneficiaries, then either all
the settlors or all the beneficiaries must be members of the
credit union.
Although each ascertainable trust estate is separately
insured, it should be noted that in short-term trusts the
insurable interest or interests may be very small, since the
interests are computed only for the duration of the trust. Thus,
if a trust is made irrevocable for a specified period of time,
the beneficial interest will be calculated in terms of the
length of time stated. A reversionary interest retained by the
settlor is treated in the same manner as an individual account
of the settlor.
As stated, the trust must be valid under local law. A trust
which does not meet local requirements, such as one imposing no
duties on the trustee or conveying no interest to the
beneficiary, is of no effect for insurance purposes. An account
in which such funds are invested is considered to be an
individual account. An account established pursuant to a
revocable trust arrangement is insured as a form of individual
account and is treated in the section dealing with Testamentary
Accounts.
Traditional IRA, Roth IRA, Education IRA and Keogh accounts
are separately insured, each up to $100,000. Education IRAs are
treated as trust accounts and added to a member's irrevocable
trust accounts and insured to $100,000. Roth IRAs will be added
together with traditional IRAs and insured up to $100,000.
Although credit unions may serve as trustees or custodians for
self-directed traditional IRA, Roth IRA, and Keogh accounts,
once the funds in those accounts are taken out of the credit
union, they are no longer insured.
In the case of an employee retirement fund where only a
portion of the fund is placed in a credit union account, the
amount of insurance available to an individual
member/beneficiary on his interest in the account will be in
proportion to his interest in the entire employee retirement
fund. If, for example, the member's interest represents ten
percent of the entire plan funds, then he is presumed to have
only a ten percent interest in the plan account. Said another
way, if a member has vested interest of $10,000 in a municipal
employees retirement plan and the trustee invested 25 percent of
the total plan funds in a credit union, the member would be
insured for only $2,500 on that credit union account. There is
an exception, however. The member would be insured for $10,000
if the trustee can document, through records maintained in the
ordinary course of business, that individual beneficiary's
interest are segregated and the total vested interest of the
member was, in fact, invested in that account.
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Accounts Held By Executors or Administrators
All funds belonging to a decedent and invested in one or more
accounts, whether held in the name of the decedent or in the
name of his executor or administrator, are added together and
insured to the $100,000 maximum. Such funds are insured
separately from the individual accounts of any of the
beneficiaries of the estate or of the executor or administrator.
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Revocable Trust Accounts
The term "revocable trust account" includes a testamentary
account, tentative or "Totten'' trust account,
"payable-on-death'' account, or any similar account which
evidences an intention that the funds shall pass on the death of
the owner of the funds to a named beneficiary. If the named
beneficiary is a spouse, child, grandchild, parent, brother or
sister of the owner, the funds in all such accounts are insured
for the owner up to $100,000 in the aggregate as to each such
beneficiary. If the beneficiary of such an account is other than
the spouse, child, grandchild, parent, brother or sister of the
owner, the funds in the account are, for insurance purposes,
added to any other individual (single ownership) accounts of the
owner and insured up to $100,000 in the aggregate. In the case
of a revocable trust account, the person who holds the power of
revocation is deemed to be the owner of the funds in the
account. If a revocable trust account is held in the name of a
fiduciary other than the owner of the funds, any other accounts
held by the fiduciary are insured separately from such revocable
trust account.
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Public Unit Accounts
For insurance purposes, the official custodian of funds
belonging to a public unit, rather than the public unit itself,
is insured as the account holder. All funds belonging to a
public unit and invested by the same custodian in a
federally-insured credit union are categorized as either share
draft accounts or share certificate and regular share accounts.
If these accounts are invested in a federally insured credit
union located in the jurisdiction from which the official
custodian derives his authority, then the share draft accounts
will be insured separately from the share certificate and
regular share accounts. Under this circumstance, all share draft
accounts are added together and insured to the $100,000 maximum
and all share certificate and regular share accounts are also
added together and separately insured up to the $100,000
maximum. If, however, these accounts are invested in a federally
insured credit union located outside of the jurisdiction from
which the official custodian derives his authority, then
insurance coverage is limited to $100,000 for all accounts
regardless of whether they are share draft, share certificate or
regular share accounts. If there is more than one official
custodian for the same public unit, the funds invested by each
custodian are separately insured. If the same person is
custodian of funds for more than one public unit, he is
separately insured with respect to the funds of each unit held
by him in properly designated accounts.
For insurance purposes, a "political subdivision" is entitled to
the same insurance coverage as any other public unit. "Political
subdivision" includes any subdivision of a public unit or any
principal department of such unit (1) the creation of which has
been expressly authorized by state statute, (2) to which some
functions of government have been allocated by state statute,
and (3) to which funds have been allocated by statute or
ordinance for its exclusive use and control.
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Accounts Held By a Corporation, Partnership, or
Unincorporated Association
All funds invested in an account or accounts by a corporation, a
partnership, or an unincorporated association engaged in any
independent activity are added together and insured to the
$100,000 maximum. The term "independent activity" means any
activity other than the one directed solely at increasing
coverage. If the corporation, partnership, or unincorporated
association is not engaged in an independent activity, any
account held by the entity is insured as if owned by the persons
owning or comprising the entity, and the imputed interest of
each such person is added, for insurance purposes, to any
individual account which he maintains.
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