Liability of fiduciary for breach of duty

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    (a)    Subject to § 21-207 of this subtitle, a fiduciary who breaches any of the responsibilities, obligations, or duties imposed on a fiduciary by this subtitle:

        (1)    is personally liable to the several systems for any losses to the several systems resulting from a breach;

        (2)    shall restore to the several systems any profits of the fiduciary made through use of assets of the several systems by the fiduciary; and

        (3)    is subject to any equitable or remedial relief, including removal of the fiduciary, that a court considers appropriate.

    (b)    A fiduciary is not liable with respect to a breach of fiduciary duty under this subtitle if the breach was committed:

        (1)    before the fiduciary became a fiduciary; or

        (2)    after the fiduciary ceased to be a fiduciary.


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