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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

in plain englishAI-generated · not legal advice

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.

the actual law source: uscode.house.gov ↗public domain
(a)

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.

(b)
(1)

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.

(2)

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.)

history & why it existsrecord from the source credit
  • 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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