29 U.S.C. · Labor
29 U.S.C. § 1110

Exculpatory provisions; insurance

Ch. 18 — EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
Title 29 U.S.C. ● ACTIVE Primary Source Ch. 18
Statutory Text

29 U.S.C. § 1110 — Exculpatory provisions; insurance

U.S.C. Title 29 - LABOR 29 U.S.C. United States Code, 2023 Edition Title 29 - LABOR CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS Subtitle B - Regulatory Provisions part 4 - fiduciary responsibility Sec. 1110 - Exculpatory provisions; insurance From the U.S. Government Publishing Office, www.gpo.gov

§1110. Exculpatory provisions; insurance

(a) Except as provided in sections 1105(b)(1) and 1105(d) of this title, 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 part shall be void as against public policy. (b) Nothing in this subpart 1 shall preclude— (1) a plan from purchasing insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary; (2) a fiduciary from purchasing insurance to cover liability under this part from and for his own account; or (3) an employer or an employee organization from purchasing insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.

(Pub. L. 93–406, title I, §410, Sept. 2, 1974, 88 Stat. 886.)

1 So in original. This part does not contain subparts.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 29 U.S.C. § 1110 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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