Limitations of trustees' responsibility.
San José Municipal Code § 3.52.430
in effect3.52.430 - Limitations of trustees' responsibility.
The trustees' responsibilities and liabilities shall be subject to the following limitations:
A. The trustees shall have no duties other than those expressly set forth in this chapter and those imposed on the trustees by applicable laws.
B. The trustees shall be responsible only for money and property actually received by the trust, and then to the extent described in this chapter.
C. The trustees shall have no responsibility or duty to define the specific design of the health and welfare benefits, including but not limited to, selecting providers; nor shall the trustees be responsible for establishing the health and welfare benefits, or for setting the amount of premium subsidy to be paid by the trust.
D. The trustees shall not be responsible for any particular federal, state or local income, payroll or other tax consequence to the city or a retiree, spouse, or dependent, and shall not be responsible for any tax-reporting obligation relating to payments or disbursements to such persons.
E. The trustees shall not be responsible for the correctness of any determination of payments to, or disbursements from, the trust fund.
F. No trustee shall have any liability for the acts or omissions of any predecessor or successor in office.
G. The trustees shall have no liability for: (i) the acts or omissions of any investment manager; (ii) the acts or omissions of any insurance company; (iii) the acts or omissions of any investment fund; (iv) the acts or omissions of any custodian; or (vi) the acts or omissions of any contractor, vendor, actuary or other service provider.
(Ord. 28914.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.52FEREHECATRFU_PT5COPODUTR_3.52.430LITRREFetched: 11/1/2026