[USC02] 29 USC 1110: Exculpatory provisions; insurance
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29 USC 1110: Exculpatory provisions; insurance Text contains those laws in effect on November 28, 2020
From Title 29-LABORCHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAMSUBCHAPTER I-PROTECTION OF EMPLOYEE BENEFIT RIGHTSpart 4-fiduciary responsibility
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§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.