Section 179. Investments in municipal assistance corporation obligations; indemnification  


Latest version.
  • 1. It is hereby found and declared that obligations of
      the municipal assistance corporation  for  the  city  of  New  York  are
      reasonable, prudent, proper and legal investments for any fund described
      in subdivision one of section one hundred seventy-six of this article or
      for any board member, officer, employee, trustee or fiduciary thereof to
      make on behalf of such fund.
        2.   Notwithstanding   any  other  provision  of  law,  including  the
      provisions of  subdivision  one  of  section  seventeen  of  the  public
      officers  law,  no  member of the board, officer, employee, fiduciary of
      any fund described in subdivision one of section one hundred seventy-six
      of this article shall incur or suffer any liability  whatsoever  to  any
      person   beneficially  interested  in  such  system  by  reason  of  any
      investment of  the  monies  thereof  in  obligations  of  the  municipal
      assistance  corporation  for  the  city of New York and each such system
      shall save harmless and indemnify all members of  the  board,  officers,
      employees,  trustees,  fiduciaries  and  investment advisors of any fund
      described in subdivision one of section one hundred seventy-six of  this
      article  from  financial  loss  arising  out of any claim, demand, suit,
      action or judgment for alleged negligence, waste or breach of  fiduciary
      duty  by  reason  of  any  investment  of  any  monies  of  such fund in
      obligations of the municipal assistance corporation for the city of  New
      York provided that such person shall, within five days after the date on
      which he is served with any summons, complaint, process, notice, demand,
      claim  or  pleading,  deliver the original or a true copy thereof to the
      legal advisor of such system. Upon such delivery the  legal  advisor  of
      such  system  may assume control of the representation of such person in
      connection with such claim, demand, suit,  action  or  proceeding.  Such
      person shall cooperate fully with the legal advisor of the system or any
      other  person  designated  to  assume  such  defense  in respect of such
      representation or defense.
        3. The provisions of this section shall not be applicable to purchases
      made by the New York city employees' retirement  system,  the  board  of
      education  retirement  system  of  the  city  of New York, the teachers'
      retirement system of the city of New York,  the  New  York  city  police
      pension  funds  and  fire department pension funds in obligations of the
      municipal  assistance  corporation  for  the  city  of  New   York   and
      obligations  of  the  city  of  New  York  from the municipal assistance
      corporation for the city of New York and the  city  of  New  York  after
      November twenty-third, nineteen hundred seventy-five, but nothing herein
      contained  shall  be deemed to diminish the indemnification provided for
      purchases made by the New York city employees'  retirement  system,  the
      board  of  education  retirement system of the city of New York, the New
      York city police pension funds and  fire  department  pension  funds  in
      obligations  of the municipal assistance corporation for the city of New
      York and obligations  of  the  city  of  New  York  from  the  municipal
      assistance corporation for the city of New York and the city of New York
      on  and  after September ninth, nineteen hundred seventy-five, but prior
      to November twenty-third, nineteen hundred seventy-five,  in  accordance
      with the provisions of this section.