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Bill > SB104
KY SB104
KY SB104AN ACT relating to the Kentucky Public Employees' Deferred Compensation Authority.
summary
Introduced
02/05/2025
02/05/2025
In Committee
03/12/2025
03/12/2025
Crossed Over
02/25/2025
02/25/2025
Passed
04/01/2025
04/01/2025
Dead
Signed/Enacted/Adopted
04/01/2025
04/01/2025
Introduced Session
2025 Regular Session
Bill Summary
Amend KRS 18A.230 to define "self-directed brokerage account" (SDBA); amend KRS 18A.235 to authorize the board of trustees of the Kentucky Public Employees Deferred Compensation Authority (KY Deferred Comp) to purchase fiduciary liability insurance and reimburse its trustees, officers, and employees for legal expenses relating to performance of their duties; amend KRS 18A.245 to authorize KY Deferred Comp to offer SDBAs to its participants, contract with SDBA vendors, and promulgate administrative regulations relating to SDBAs for its participants, require the plans offered by KY Deferred Comp to conform to federal laws and regulations, authorize KY Deferred Comp to promulgate administrative regulations, and make technical changes; amend KRS 18A.255 to direct that KY Deferred Comp and its board of trustees are not liable for a participant's investment in a SDBA, establish the fiduciary duties of the board of trustees, and exempt the trustees from legal action for monetary damages unless the person bringing the action proves by clear and convincing evidence that a trustee's breach or failure to perform the trustee's fiduciary duty is a willful, wanton, or reckless act; amend KRS 18A.260 to require assets held by KY Deferred Comp to be invested consistent with its statutory authority and limit investments in a SDBA to securities registered with the United States Securities and Exchange Commission.
AI Summary
This bill modifies the Kentucky Public Employees' Deferred Compensation Authority's operations by introducing several key changes. The bill defines a new term, "self-directed brokerage account" (SDBA), which allows participants to invest in additional securities beyond the board's designated investments. It authorizes the board of trustees to purchase fiduciary liability insurance and reimburse trustees, officers, and employees for legal expenses related to their official duties. The bill permits the authority to offer SDBAs to participants, contract with SDBA vendors, and create administrative regulations surrounding these accounts. The legislation also clarifies that participants have sole responsibility for investments in SDBAs and explicitly limits the authority's liability for investment decisions. Additionally, the bill establishes detailed fiduciary duties for trustees, stipulating that they must act in good faith and on an informed basis, and creates a high legal standard for bringing monetary damages against trustees, requiring clear and convincing evidence of willful, wanton, or reckless misconduct. The bill further specifies that SDBA investments must be limited to securities registered with the United States Securities and Exchange Commission, ensuring a baseline of regulatory oversight for these investment options.
Committee Categories
Government Affairs
Sponsors (3)
Last Action
signed by Governor (Acts Ch. 141) (on 04/01/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/25RS/sb104.html |
| BillText | https://apps.legislature.ky.gov/law/acts/25RS/documents/0141.pdf |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/25RS/sb104/bill.pdf |
| Vote History for SB104 | https://apps.legislature.ky.gov/record/25RS/sb104/vote_history.pdf |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/25RS/sb104/orig_bill.pdf |
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