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Pension Resource

ERISA § 410 (29 U.S.C. § 1110)

Exculpatory provisions; insurance
USC 2024 ed., current through 2025-01-06 · current · last amended by Pub. L. 93-406
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(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.
Source credit, amendments & notes

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

ERISA § 410 (29 U.S.C. § 1110) — Exculpatory provisions; insurance · USC 2024 ed., current through 2025-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1110 · printed Oct 16, 2026
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  • (a) (a) Except as provided in sections 1105(b)(1) and 1105(d) o…
  • (b) (b) Nothing in this subpart 1 shall preclude—
Cited by (code & regs)

No regulations are linked to this section in the library.

Guidance addressing this section

No documents are primarily about this section.

Also cited in 17 other documents
Department of Labor (EBSA)
Final Rules
  • 89 FR 4662 Jan 24, 2024 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications
  • 88 FR 11793 Feb 24, 2023 — Annual Reporting and Disclosure
  • 85 FR 82798 Dec 18, 2020 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees (a)
  • 84 FR 37508 Jul 31, 2019 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans (a)
  • 81 FR 44773 Jul 11, 2016 — Best Interest Contract Exemption; Correction
  • 81 FR 44784 Jul 11, 2016 — Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs; Correction
  • 81 FR 21089 Apr 8, 2016 — Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs
  • 81 FR 21002 Apr 8, 2016 — Best Interest Contract Exemption
Proposed Rules
  • 87 FR 14722Proposed Mar 15, 2022 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications Comments due Apr 14, 2022
  • 86 FR 51488Proposed Sep 15, 2021 — Proposed Revision of Annual Information Return/Reports Comments due Nov 1, 2021
  • 86 FR 51284Proposed Sep 15, 2021 — Annual Reporting and Disclosure Comments due Nov 1, 2021
  • 85 FR 40834Proposed Jul 7, 2020 — Improving Investment Advice for Workers & Retirees Comments due Aug 6, 2020 (a)
  • 83 FR 53534Proposed Oct 23, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans Comments due Dec 24, 2018 (a)
  • 82 FR 7336Proposed Jan 19, 2017 — Proposed Best Interest Contract Exemption for Insurance Intermediaries
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016 (b)
PBGC
Final Rules
  • 79 FR 13547 Mar 11, 2014 — Premium Rates; Payment of Premiums; Reducing Regulatory Burden (b)(3)
Proposed Rules
  • 78 FR 44056Proposed Jul 23, 2013 — Premium Rates; Payment of Premiums; Reducing Regulatory Burden Comments due Sep 23, 2013 (b)(3)

No court rulings in the library cite this provision yet.

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EffectiveThroughSourceAmended by
Jan 4, 1995currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 93-406View
Provision-level history (blame)