Montana Code 19-2-511. Limitation of liability
19-2-511. Limitation of liability. (1) The board shall exercise its fiduciary authority in the same manner that would be used by a prudent person acting in the same capacity who is familiar with the circumstances and in an enterprise of a similar character with similar aims.
Terms Used In Montana Code 19-2-511
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)Plan fiduciaries are not liable for any loss to a participant’s or beneficiary‘s account under a defined contribution plan or the university system retirement program established pursuant to 19-21-101 that results from the participant’s or beneficiary’s exercise of control.
(3)Plan fiduciaries are not responsible for the acts or omissions of any employer or reporting agency or of any vendor providing services to the defined contribution plan or the university system retirement program. Nothing in this subsection limits the liability of any vendor for services required by contract.
(4)Plan fiduciaries are not liable for their reliance on the express provisions of the defined contribution plan or the university system retirement program.
(5)Plan fiduciaries are not liable for investment losses incurred in the defined contribution plan or the university system retirement program as a result of incorrect reporting by an employer or other reporting agency.