---
kind: "section"
citation: "5 U.S.C. § 8479"
title: "5"
title_heading: "Government Organization and Employees"
number: "8479"
heading: "Exculpatory provisions; insurance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8479"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter VII — Federal Retirement Thrift Investment Management System"
---

# §8479. Exculpatory provisions; insurance

- (a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void.
- (b)
  - (1) The [Executive Director](/usc/5/8401.md?p=13) may require employing [agencies](/usc/5/3132.md?p=a-1) to contribute an amount not to exceed 1 percent of the amount such [agencies](/usc/5/3132.md?p=a-1) are required to contribute in accordance with [section 8432(c) of this title](/usc/5/8432.md?p=c) to the [Thrift Savings Fund](/usc/5/8471.md?p=5).
  - (2) The sums credited to the [Thrift Savings Fund](/usc/5/8471.md?p=5) under [paragraph (1)](#b-1) shall be available and may be used at the discretion of the [Executive Director](/usc/5/8401.md?p=13) to purchase insurance to cover potential liability of [persons](/usc/5/8471.md?p=4) who serve in a fiduciary capacity with respect to the [Thrift Savings Fund](/usc/5/8471.md?p=5), without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 588.)