N.Y. General Business Law Section 1312
Duty and liability of the state

1.

The state shall have no duty or liability to any party for the payment of any retirement savings benefits accrued by any enrollee under the program. Any financial liability for the payment of retirement savings benefits in excess of funds available under the program shall be borne solely by the entities with whom the board contracts to provide insurance to protect the value of the program.

2.

No state board, commission, or agency, or any officer, employee, or member thereof is liable for any loss or deficiency resulting from particular investments selected under this article, except for any liability that arises out of a breach of fiduciary duty.

Source: Section 1312 — Duty and liability of the state, https://www.­nysenate.­gov/legislation/laws/GBS/1312 (updated Apr. 20, 2018; accessed Feb. 7, 2026).

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Verified:
Feb. 7, 2026

Last modified:
Apr. 20, 2018

§ 1312. Duty & liability of the state's source at nysenate​.gov

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