5 U.S.C. § 8479 — Exculpatory provisions; insurance
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 144 words · no verdicts yet
Any contract clause that tries to excuse a fiduciary from their duties under this subchapter is void. The Executive Director can require agencies to contribute up to 1 percent extra to the Thrift Savings Fund. That money can buy liability insurance for Fund fiduciaries.
(a) Any provision in an agreement or instrument that purports to relieve a fiduciary from responsibility or liability for any duty under this subchapter is void.
(b)(1) The Executive Director* may require employing agencies to contribute an amount up to 1 percent of what those agencies must already contribute under section 8432(c) of this title to the Thrift Savings Fund*.
(2) Money credited to the Fund* under (1) is available and may be used, at the Executive Director's discretion, to buy insurance covering the potential liability of people serving in a fiduciary capacity regarding the Thrift Savings Fund — regardless of whether the insurance policy allows the insurer to seek recourse against the fiduciary in the case of a breach of a fiduciary duty.
Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void.
The Executive Director* may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with section 8432(c) of this title to the Thrift Savings Fund*.
The sums credited to the Thrift Savings Fund* under paragraph (1) shall be available and may be used at the discretion of the Executive Director* to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 588.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 588
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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