Wyoming Statutes
Article 4 - Retirement
Section 9-3-443 - Liability of Trustee or Other Fiduciary.

9-3-443. Liability of trustee or other fiduciary.
(a) Except as provided in subsection (e) of this section, a trustee or other fiduciary who breaches a duty imposed by this act is personally liable to a retirement system for any losses resulting from the breach and any profits made by the trustee or other fiduciary through use of assets of the system by the trustee or other fiduciary. The trustee or other fiduciary is subject to other equitable remedies as the court considers appropriate, including removal.
(b) An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this act is void.
(c) A retirement system may insure itself against liability or losses occurring because of a breach of duty under this act by a trustee or other fiduciary.
(d) A trustee or other fiduciary may insure against liability or losses occurring because of a breach of duty under this act if the insurance is purchased or provided either by the trustee or fiduciary personally or, on the trustee or fiduciary's behalf, by this state, the retirement system, a public employer whose employees participate in a retirement program served by the trustee or fiduciary, an employee representative whose members participate in a retirement program served by the trustee or fiduciary or the trustee or fiduciary's employer.
(e) Notwithstanding subsection (a) of this section and as provided in the Wyoming Governmental Claims Act, individual board members of a retirement system are immune from liability while acting within the scope of administering and operating a retirement system and are not personally liable for breaches of fiduciary duties in carrying out system administration and operation except in cases of willful misconduct, intentional torts or illegal acts.

Structure Wyoming Statutes

Wyoming Statutes

Title 9 - Administration of the Government

Chapter 3 - Compensation and Benefits

Article 4 - Retirement

Section 9-3-401 - Short Title.

Section 9-3-402 - Definitions.

Section 9-3-403 - Wyoming Retirement System; Establishment; Purpose; Powers as Body Corporate.

Section 9-3-404 - Wyoming Retirement Board; Responsibility for Administration of System; Composition; Appointment; Term; Vacancies; Meetings; Election of Chairman.

Section 9-3-405 - Retirement Board Duties and Powers.

Section 9-3-406 - Retirement Board; Employment and Compensation of Director, Consulting Actuary and Assistants; Director Designated Secretary; Compensation of Members; Quorum; Seal.

Section 9-3-407 - Retirement Board; Control and Management of Account Containing Assets of Retirement System; Payments From Account.

Section 9-3-408 - Designated Custodian of Retirement Account; Disbursements; Investment of Account Monies.

Section 9-3-409 - Retirement Board; Rules and Regulations; Powers and Privileges Required to Perform Functions; Requiring Employers to Furnish Information and Keep Records.

Section 9-3-410 - Retirement Board; Actuarial Investigation and Valuation of System; Annual Valuation of Assets and Liabilities to Be Prepared and Published; Public Record of Proceedings.

Section 9-3-411 - Retirement Board; Right to Hearing Before Board; Judicial Review.

Section 9-3-412 - Members' Contributions; Payroll Deductions; Employer Authorized to Pay Employee's Share.

Section 9-3-413 - Employer's Contributions; Payable Monthly; Transfer to Account; Interest Imposed Upon Delinquent Contributions; Recovery.

Section 9-3-414 - Provision for Employers' Contributions to Be Made in Budgets; Notice to Department Heads.

Section 9-3-415 - When Retirement Permitted; Service Credit.

Section 9-3-416 - Members Leaving Service Without Withdrawing Accumulated Contributions Eligible for Retirement.

Section 9-3-417 - Determination of Eligibility for Retirement; Board to Determine Equivalent of Years of Service; Credit for Military Service.

Section 9-3-418 - Amount of Service Retirement Benefit; Firefighter Members Excluded.

Section 9-3-419 - Retirement Benefit Adjustments.

Section 9-3-420 - Option as to Form of Benefit; Beneficiary Designations.

Section 9-3-421 - Death Benefits; Monthly Benefit Option; Refund of Excess Employee Contributions Plus Interest; Medical Insurance Premiums.

Section 9-3-422 - Disability Retirement; Board Determination; Reports and Examinations; Amount; Options as to Form of Benefit.

Section 9-3-423 - Disability; Medical and Other Examinations, Tests and Evaluations Subsequent to Retirement; Failure to Submit to Examinations, Tests and Evaluations; Restoration to Service; Deduction From Benefit for Excess Earnings.

Section 9-3-424 - Refund of Contributions Upon Termination of Employment; Procedure; Redeposit; Limitation on Refund.

Section 9-3-425 - Right of Members Retired Under Terminated Systems to Retirement Benefits From Account; No Prohibition to Increase Provided in w.s. 9-3-419.

Section 9-3-426 - Benefits, Allowances and Contents of Account Exempt From Taxation and Not Subject to Execution or Attachment; Assignment Limited; Qualified Domestic Relations Order; System Assets.

Section 9-3-427 - Other Retirement Plans Prohibited.

Section 9-3-428 - Construction of Article; Limitation of Liability of State; Termination of System.

Section 9-3-429 - False Statements and Records Prohibited; Right to Modify Article.

Section 9-3-430 - Application for Benefits; Benefit Payment Effective Dates; Minimum Distribution Rules.

Section 9-3-431 - Firefighter Members; Contributions; Benefit Eligibility; Service and Disability Retirement Benefits; Termination of Benefits Upon Failure to Make Timely Contribution Payments.

Section 9-3-432 - Law Enforcement Officers; Contributions; Benefit Eligibility; Service and Disability Benefits; Death Benefits; Benefit Options.

Section 9-3-433 - Short Title.

Section 9-3-434 - Definitions.

Section 9-3-435 - Scope.

Section 9-3-436 - Establishment of Trust.

Section 9-3-437 - Powers of Trustee.

Section 9-3-438 - Delegation of Functions.

Section 9-3-439 - General Duties of Trustee and Fiduciary.

Section 9-3-440 - Duties of Trustee in Investing and Managing Assets of Retirement System.

Section 9-3-441 - Special Application of Duties.

Section 9-3-442 - Reviewing Compliance.

Section 9-3-443 - Liability of Trustee or Other Fiduciary.

Section 9-3-444 - Open Meetings and Records.

Section 9-3-445 - Disclosure to Public.

Section 9-3-446 - Disclosure to Participants and Beneficiaries.

Section 9-3-447 - Reports to Agency.

Section 9-3-448 - Summary Plan Description.

Section 9-3-449 - Annual Disclosure of Financial and Actuarial Status.

Section 9-3-450 - Annual Report.

Section 9-3-451 - Enforcement.

Section 9-3-452 - Alienation of Benefits.

Section 9-3-453 - Public Employee Retirement Plans; Funding; Legislative Findings; Required Determinations for Benefit Increases.

Section 9-3-454 - Required Determinations for Recommended Benefit Increases.