§ 33-61C. Standard of care.  


Latest version.
  • A fiduciary must discharge the fiduciary’s duties regarding the retirement systems:
    (a) only in the best interest of the participants and their beneficiaries;
    (b) only to provide benefits to the participants and their beneficiaries, and defray reasonable expenses of administering the retirement systems;
    (c) with the care, skill, prudence, and diligence under the circumstances that a prudent person acting in a similar capacity and familiar with the same matters would use to conduct a similar enterprise with similar purposes;
    (d) by diversifying the investments of the retirement systems to minimize the risk of large losses, unless it is clearly not prudent to diversify under the circumstances;
    (e) according to a good faith interpretation of the law governing the retirement systems;
    (f) according to a good faith interpretation of the documents and instruments governing the retirement systems, if they comply with this Article. (1987 L.M.C., ch. 29, § 11; 1998 L.M.C., ch. 27, § 1.)
    Editor’s note—See County Attorney opinion dated regarding the County’s liability for errors in the administration of the pension and retirement funds of employees.