ROBERT L. EHRLICH, JR., Governor

Ch. 81

30-210.1.

(A)     IN THIS SECTION, "COVERED INDIVIDUAL" MEANS AN EMPLOYEE OF AN
EMPLOYING INSTITUTION WITH DISCRETIONARY AUTHORITY OVER THE
MANAGEMENT OR ADMINISTRATION OF ANY OF THE SUPPLEMENTAL RETIREMENT
PLANS OR THE MANAGEMENT OR DISPOSITION OF THE ASSETS OF ANY OF THE
SUPPLEMENTAL RETIREMENT PLANS.

(B)     SUBJECT TO THE PROVISIONS OF THIS SECTION, THE STATE SHALL
INDEMNIFY A COVERED INDIVIDUAL WHO IS, OR IS THREATENED TO BE MADE, A
PARTY TO AN ACTION OR PROCEEDING, INCLUDING AN ADMINISTRATIVE OR
INVESTIGATIVE PROCEEDING, BY REASON OF THE COVERED INDIVIDUAL'S SERVICE
AS AN EMPLOYEE OF AN EMPLOYING INSTITUTION WITH DISCRETIONARY
AUTHORITY OVER THE MANAGEMENT OR ADMINISTRATION OF ANY OF THE
SUPPLEMENTAL RETIREMENT PLANS OR THE MANAGEMENT OR DISPOSITION OF
THE ASSETS OF ANY OF THE SUPPLEMENTAL RETIREMENT PLANS.

(C)     (1) IN THIS SUBSECTION, "EXPENSES" INCLUDE:

(I)      REASONABLE ATTORNEY'S FEES;

(II)     JUDGMENTS;

(III)   FINES; AND

(IV)    OTHER EXPENSES THAT WERE ACTUALLY AND REASONABLY
INCURRED BY THE INDIVIDUAL IN CONNECTION WITH THE ACTION OR PROCEEDING.

(2)      WITH RESPECT TO A CIVIL, ADMINISTRATIVE, OR INVESTIGATIVE
ACTION OR PROCEEDING, THE STATE SHALL INDEMNIFY A COVERED INDIVIDUAL
FOR THE EXPENSES OF THE ACTION OR PROCEEDING IF THE COVERED INDIVIDUAL
ACTED:

(I)      IN GOOD FAITH; AND

(II)     IN A MANNER THE COVERED INDIVIDUAL REASONABLY
BELIEVED TO BE IN OR NOT OPPOSED TO THE BEST INTEREST OF THE
SUPPLEMENTAL RETIREMENT PLANS.

(3)      WITH RESPECT TO A CRIMINAL ACTION OR PROCEEDING, THE STATE
SHALL INDEMNIFY A COVERED INDIVIDUAL FOR THE EXPENSES OF THE ACTION OR
PROCEEDING IF THE COVERED INDIVIDUAL:

(I)      ACTED IN GOOD FAITH;

(II)     ACTED IN A MANNER THE COVERED INDIVIDUAL REASONABLY
BELIEVED TO BE IN OR NOT OPPOSED TO THE BEST INTEREST OF THE
SUPPLEMENTAL RETIREMENT PLANS; AND

(III)   DID NOT HAVE REASONABLE CAUSE TO BELIEVE THAT THE
COVERED INDIVIDUAL'S CONDUCT WAS UNLAWFUL.

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