|
MARVIN MANDEL, Governor
3525
BY adding to
Article 88B - State Police
Section 54A
Annotated Code of Maryland
(1969 Replacement Volume and 1974 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 13A be and it is hereby added
to Article 73B — Pensions, of the Annotated Code of
Maryland (1970 Replacement Volume and 1974 Supplement) to
read as follows:
Article 73B — Pensions
13A.
(A) THE STATE SHALL INDEMNIFY EVERY PERSON WHO IS
MADE, OR IS THREATENED TO BE MADE, A PARTY TO ANY ACTION,
SUIT, OR PROCEEDING, INCLUDING ADMINISTRATIVE AND
INVESTIGATIVE PROCEEDINGS BY REASON OF HIS SERVICE IN A
FIDUCIARY CAPACITY TO THE EMPLOYEES' RETIREMENT SYSTEM,
IN ACCORDANCE WITH AND SUBJECT TO THE CONDITIONS STATED
IN THIS SECTION.
(B) THE TERM "SERVICE IN A FIDUCIARY CAPACITY," AS
USED IN THIS SECTION, MEANS THE EXERCISE OF ANY
DISCRETIONARY AUTHORITY OR CONTROL CONCERNING THE
MANAGEMENT OR ADMINISTRATION OF THE EMPLOYEES' RETIREMENT
SYSTEM, OR THE EXERCISE OF ANY DISCRETIONARY AUTHORITY OR
CONTROL CONCERNING THE MANAGEMENT OR DISPOSITION OF THE
ASSETS OF THE SYSTEM, IT INCLUDES MEMBERSHIP ON THE
BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM,
MEMBERSHIP ON THE ADVISORY INVESTMENT COMMITTEE, AND
SERVICE AS INVESTMENT ADMINISTRATOR OR ON HIS STAFF.
(C) IF, WITH RESPECT TO A CIVIL, ADMINISTRATIVE,
OR INVESTIGATIVE ACTION, SUIT, OR PROCEEDING, THE PERSON
ACTED IN GOOD FAITH AND IN A MANNER HE REASONABLY
BELIEVED TO BE IN OR NOT OPPOSED TO THE BEST INTEREST OF
THE EMPLOYEES' RETIREMENT SYSTEM, AND, WITH RESPECT TO A
CRIMINAL ACTION, HAD NO REASONABLE CAUSE TO BELIEVE HIS
CONDUCT WAS UNLAWFUL, THEN INDEMNIFICATION SHALL BE
AGAINST THOSE EXPENSES, INCLUDING REASONABLE ATTORNEY'S
FEES, JUDGMENTS, FINES, AND ACCOUNTS PAID IN SETTLEMENT
WHICH WERE ACTUALLY AND REASONABLY INCURRED BY HIM IN
CONNECTION WITH THE PROCEEDING.
(D) THE TERMINATION OF ANY SUIT OR PROCEEDING, IN
ANY MANNER, DOES NOT, OF ITSELF, CREATE A PRESUMPTION
THAT THE PERSON DID NOT ACT IN GOOD FAITH AND IN A MANNER
|
 |
