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3367
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MARVIN MANDEL, Governor
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despite the adjudication of liability, the person is
fairly and reasonably entitled to indemnity for the
expanses which the court shall deem proper.] ; OR (2) FOR
AN INDEPENDENT CONTRACTOR FURNISHING SERVICES TO THE
EMPLOYEES' RETIREMENT SYSTEM.
(f) The State shall provide insurance for every
person [who is serving in a fiduciary capacity to the
Employees" Retirement System] ELIGIBLE FOR
INDEMNIFICATION UNDER THIS SECTION against any liability
asserted against him or incurred by him arising out of
his status as a fiduciary. THE STATE MAY PROVIDE
SELF-INSURANCE FOR THIS PURPOSE, IN WHOLE OR IN PART,
UNDER TERMS AND CONDITIONS SATISFACTORY TO THE STATE
TREASURER. IF THE STATE FAILS TO PROVIDE ADEQUATE
INSURANCE COVERAGE OR IF THE STATE FAILS TO PROVIDE
INDEMNIFICATION PURSUANT TO THIS SECTION, A FIDUCIARY MAY
NOT BE REQUIRED TO PAY AMOUNTS ATTRIBUTABLE TO LIABILITY
DESCRIBED IN THIS SECTION BY REASON OF THE FAILURE OF THE
STATE TO PROVIDE THE INDEMNIFICATION.
SECTION 3. AND BE IT FURTHER ENACTED, That Sections
196A(e) and (f) of Article 77 - Public Education, of the
Annotated Code of Maryland (1975 Replacement Volume and
1976 Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:
Article 77 — Public Education
196A.
(a) Indemnification may not be made (1) with
respect to any suit, claim, or matter as to which the
person was adjudged to be liable for GROSS negligence or
WILFUL misconduct in the performance of his duty to the
Teachers' Retirement System [. The court in which the
action was brought may determine, upon application, that,
despite the adjudication of liability, the person is
fairly and reasonably entitled to indemnity for the
expenses which the court shall deem proper.]; OR (2) FOR
AN INDEPENDENT CONTRACTOR FURNISHING SERVICES TO THE
TEACHERS' RETIREMENT SYSTEMS.
(f) The State shall provide insurance for every
person [who is serving in a fiduciary capacity to the
Teachers' Retirement System] ELIGIBLE FOR INDEMNIFICATION
UNDER THIS SECTION against any liability asserted against
him or incurred by him arising out of his status as a
fiduciary. THE STATE MAY PROVIDE SELF-INSURANCE FOR THIS
PURPOSE, IN WHOLE OR IN PART, UNDER TERMS AND CONDITIONS
SATISFACTORY TO THE STATE TREASURER. IF THE STATE FAILS
TO PROVIDE ADEQUATE INSURANCE COVERAGE, OR IF THE STATE
FAILS TO PROVIDE INDEMNIFICATION PURSUANT TO THIS
SECTION, A FIDUCIARY MAY NOT BE REQUIRED TO PAY AMOUNTS
ATTRIBUTABLE TO LIABILITY DESCRIBED IN THIS SECTION BY
REASON OF THE FAILURE OF THE STATE TO PROVIDE THE
INDEMNIFICATION.
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