Viewing an earlier, undated versionView current - (A) The trustee may delegate functions that a prudent trustee acting in a like capacity and familiar with those matters could properly delegate under the circumstances but final authority to invest cannot be delegated.
(B) The trustee shall exercise reasonable care, skill, and caution in:
- (1) selecting an agent;
- (2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and
- (3) periodically reviewing the agent's performance and compliance with the terms of the delegation.
- (C) In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-16-40.
- (D) A trustee who complies with subsections (A) and (B) is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
- (E) By accepting the delegation of a function from the trustee, an agent submits to the jurisdiction of the courts of this State.
- (F) A trustee may limit the authority of an agent to delegate functions under this section.