What Fiduciary Liability Insurance Requirements Apply in Illinois?

Illinois Secure Choice applies to covered employers with at least five employees, at least two years in business, and no qualified retirement plan; payroll setup and exemption status should be checked against those statutory tests. Coverage review should identify which people make discretionary plan decisions and which staff perform the state payroll task; give the broker both roles.

What Is Fiduciary Liability Insurance?

Fiduciary liability can protect your company and plan fiduciaries when participants claim mishandling of an employee benefit plan. If you sponsor a retirement or health plan, check who is insured and whether both administration errors and fiduciary-breach claims are addressed. Read the national Fiduciary liability guide.

What to Watch for With Fiduciary Liability in Illinois

Five-employee and two-year tests
Use five-employee and two-year tests as the state checkpoint. Keep the supporting eligibility record, employee authorization, exemption certification, or program notice with payroll reconciliation so the employer can trace how it applied the rule. ¹
Name The Decision Makers
For Illinois, five-employee and two-year tests is a state payroll or program checkpoint. Assign an operational owner to track it, and separately identify the people who select investments, resolve eligibility disputes, or monitor the plan provider; those discretionary roles matter to the fiduciary application. ^1,²
Set An Exception Review
At renewal, sample Illinois payroll or program records against five-employee and two-year tests. Record the reviewer, any missed authorization, enrollment, or remittance step, the correction date, and the plan fiduciary who reviewed the exception. ¹

Which Fiduciary Liability Providers Have Illinois License Records?

These providers publish a national listing for Fiduciary liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Illinois. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Coalition
Insurance producer, Surplus-lines broker · checked 2026-09-28
Coalition Insurance Solutions, Inc.
Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. ¹³
Coalition offers fiduciary liability through its executive-risks product for private and nonprofit US organizations.
Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹⁴
Corgi lists fiduciary liability in its coverage catalog and package options.

Who Regulates Insurance in Illinois?

Illinois Department of Insurance

The Department licenses and oversees insurers and insurance producers doing business in Illinois, reviews regulated insurance activity, and investigates complaints about coverage, claims, premiums, and sales. ^3,^5,⁴

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (866) 445-5364

Surplus-Lines Tax and Stamping Office in Illinois

Reported tax rate. 3.5% of taxable premium plus a 0.04% stamping fee; separate 1% fire marshal tax on taxable fire premium ^7,^6,^10,^11,⁸

When Illinois is the insured’s home state, the broker reports and remits a 3.5% tax on gross taxable surplus-line premium less returned taxable premium. The separate SLAI stamping fee is 0.04% for policies effective on or after January 1, 2023; a 1% fire marshal tax also applies to taxable fire premium.

Surplus Line Association of Illinois

Illinois guaranty fund limits: For covered claims against a member insurer, the Illinois Insurance Guaranty Fund generally caps its obligation at $500,000 per claim; workers’ compensation claims are excepted from that dollar cap. This fund does not protect policies issued by nonadmitted surplus-lines insurers. The net-worth exclusions apply to covered claims against member insurers. ⁸
Illinois FAIR Plan: If you cannot obtain basic property coverage in the voluntary market, the Illinois FAIR Plan offers a residual-market option for eligible property. Check its current eligibility and coverage limits before relying on it for a commercial location. ⁹

Questions to Ask Before You Buy Fiduciary Liability in Illinois

What state-specific eligibility, authorization, or remittance rule applies to the employer’s retirement arrangement?
Who reviews payroll-to-plan reconciliations and records exceptions under that rule?
Which people exercise plan discretion, and are they identified in the fiduciary application?

Fiduciary Liability Insurance in Illinois: Frequently Asked Questions

What state retirement or payroll rule should an employer in Illinois check first?

Does hiring a plan administrator remove an employer’s fiduciary responsibility in Illinois?

No. Provider selection does not end the plan fiduciary’s duty to monitor the provider. Document who retains that review, and assign a separate owner for the state checkpoint: five-employee and two-year tests. ^2,¹

Sources for Fiduciary Liability Insurance in Illinois

1
Illinois Secure Choice Savings Program Act. Illinois General Assembly; Employer eligibility and covered-employer definition: 5+ employees in every quarter of prior year, 2+ years in business, no qualifying plan. Accessed 2026-09-29.
2
Retirement plan fiduciary responsibilities. Internal Revenue Service; Employer plan fiduciaries must act prudently and solely in participants’ interests; hiring a provider does not remove the duty to monitor that provider. Accessed 2026-09-29.
3
Illinois Department of Insurance. Illinois Department of Insurance; Official agency homepage and agency information. Accessed 2026-09-28.
4
File a Complaint. Illinois Department of Insurance; Official insurance complaint intake and consumer phone. Accessed 2026-09-28.
5
Agent Lookup. Illinois Department of Insurance; Department page explains use of Illinois SBS Lookup for agents, brokers, and business entities; Department home provides company license lookup. Accessed 2026-09-28.
6
Calculating & Remitting Taxes: Surplus Line Tax. Surplus Line Association of Illinois; Current surplus-line tax applicability and rate. Accessed 2026-09-28.
7
215 ILCS 5/445: Surplus line. Illinois General Assembly; Subsections (3)(a), (12): tax and code applicability. Accessed 2026-09-28.
8
215 ILCS 5: Illinois Insurance Guaranty Fund. Illinois General Assembly; Article XXXIV: cap, net-worth exclusions, exceptions, and non-admitted insurer exclusion. Accessed 2026-09-28.
9
Illinois FAIR Plan Association. Illinois FAIR Plan Association; Plan overview and current eligibility information. Accessed 2026-09-28.
10
Stamping Fees: Fee Calculation. Surplus Line Association of Illinois; Current stamping fee 0.04% of premium for policies effective January 1, 2023 or later; may be passed to insured. Accessed 2026-09-28.
11
50 Ill. Adm. Code § 2701.130: Taxes. Illinois Joint Committee on Administrative Rules; Surplus line producer pays 1% fire marshal tax on gross premiums less returned premiums for insurance subject to the Fire Investigation Act. Accessed 2026-09-28.
12
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
13
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
14
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
15
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
16
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
17
About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
18
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
19
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Fiduciary Liability Insurance Requirements Apply in Illinois?

What Is Fiduciary Liability Insurance?

What to Watch for With Fiduciary Liability in Illinois

Five-employee and two-year tests

Name The Decision Makers

Set An Exception Review

Which Fiduciary Liability Providers Have Illinois License Records?

Coalition

Corgi