# Employee Benefits Liability

It is agreed that the policy is amended to include the following:

I. **Employee Benefits Liability:** The company will indemnify the Insured for ultimate net loss which the Insured shall become legally obligated to pay, in excess of the applicable limit of the underlying Employee Benefit Liability policy described hereon, on account of any claim made against the Insured and caused by negligent act, error or omission of the Insured or any other person for whose acts the Insured is legally liable in the administration of the Insured's Employee Benefit Programs as defined herein.

II. **Definitions:**

(a) "Employee Benefit Programs" - The term "Employee Benefit Program" shall be limited to Group Life Insurance, Group Accident or Health Insurance, Pension Plans, Employee Stock Subscription Plans, Worker's Compensation, Unemployment Insurance, Social Security and Disability Benefits.

(b) "Administration" - The unqualified word "Administration", wherever used, shall only mean:
1. giving counsel to employees with respect to Employee Benefit Programs;
2. interpreting Employee Benefit Programs;
3. handling of records in connection with Employee Benefit Programs;
4. effecting enrollment of employees under Employee Benefit Programs;
provided all such acts are authorized by the Named Insured.

(c) "Occurrence" - For the purpose of the coverage afforded by this endorsement the term "Occurrence" as used in this policy shall mean a claim brought against the Insured during the policy period. If during the policy period the Insured shall become aware of any event which may subsequently give rise to a claim against them by reason of any negligent act, error or omission and shall during the policy period give written notice to the Company of such event, any claim which may subsequently be made against the Insured arising out of that negligent act, error or omission shall be deemed for the purposes of this endorsement to have been made during the policy period.

(d) "Ultimate Net Loss" - The term "Ultimate Net Loss", as defined in the policy, is amended to include Employee Benefits Liability as defined in paragraph I above.