Section 87-A. Investment in obligations of the municipal assistance corporation for the city of New York; indemnification  


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  • 1.  The  state
      insurance  fund,  and  all  state  officers  with responsibility for the
      custody or investment thereof, are authorized and directed to  take  any
      and  all  actions  necessary  or  appropriate to cause such fund to make
      purchases as soon as possible, in  accordance  with  a  schedule  to  be
      established by the New York state emergency financial control board, but
      in no event later than December first, nineteen hundred seventy-five, of
      bonds  of  the municipal assistance corporation for the city of New York
      in the aggregate  principal  amount  of  one  hundred  million  dollars,
      provided, however, that at the date of any such purchase the city of New
      York has not defaulted in the payment of any of its outstanding bonds or
      notes.  The  terms  and conditions of such bonds, including the rates of
      interest thereon,  shall  be  determined  by  the  municipal  assistance
      corporation  for  the  city  of  New  York,  after consultation with the
      commissioners of the fund, provided such terms and conditions are  found
      to  be  fair  and  reasonable  by the New York state emergency financial
      control board.
        2. 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 the state insurance fund or for any
      state officer with custody or responsibility for the investment  of  the
      assets thereof.
        3.   Notwithstanding   any  other  provision  of  law,  including  the
      provisions of section seventeen of the public  officers  law,  no  state
      officer  with custody or responsibility for the investment of the assets
      thereof shall incur or suffer any liability  whatsoever  to  any  person
      beneficially  interested  in  such  system  by  reason  of actions taken
      pursuant to the authorization and direction of subdivision one and  such
      fund  shall  save  harmless  and  indemnify  all  such  officers and any
      investment advisors 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 the state
      insurance  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  the  state  insurance  fund  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.
        4.  In  order  to  obtain  the  funds  necessary to purchase the bonds
      required by this chapter, the commissioners of the state insurance  fund
      in  accordance  with rules and regulations adopted by such commissioners
      shall have the right to borrow an amount not  exceeding  the  obligation
      incurred  by  such  fund  pursuant  to  this  chapter  and  to pledge as
      collateral therefor such assets as they may deem advisable.