§ 356A.04 — General Standard of Fiduciary Conduct
Plain-Language Summary
This section sets the general standard of care for pension fiduciaries. They must act solely in the interest of plan participants and beneficiaries, with the care and skill of a prudent person, and must diversify investments to minimize risk. They must also follow plan documents that comply with the law.
356A.04 GENERAL STANDARD OF FIDUCIARY CONDUCT.
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Subdivision 1.Duty.
A fiduciary of a covered pension plan owes a fiduciary duty to:
(1) the active, deferred, and retired members of the plan, who are its beneficiaries;
(2) the taxpayers of the state or political subdivision, who help to finance the plan; and
(3) the state of Minnesota, which established the plan. §
Subd. 2.Prudent person standard.
A fiduciary identified in section 356A.02 shall act in good faith and shall exercise that degree of judgment and care, under the circumstances then prevailing, that persons of prudence, discretion, and intelligence would exercise in the management of their own affairs, not for speculation, considering the probable safety of the plan capital as well as the probable investment return to be derived from the assets.
History:
History: History:
1989 c 319 art 7 s 4