The only federal fiduciary standards to which governmental plans are subject are contained in Internal Revenue Code sections 401(a)(2) and 503(B). Those sections speak of using plan assets solely in the interests of plan participants and beneficiaries, and have been held to impose fiduciary standards as well as self-dealing rules.
However, the main source for fiduciary rules for governmental plans is state law, including state constitutional provisions. Because governmental plans are not covered by the provisions of ERISA which preempt state law as to private plans, they are subject to a wide variety of fiduciary regulation by applicable state law.
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