(a) An employer may not be held liable for:
(1) an employee’s decision to participate in or opt out of the Program;
(2) the investment decisions of employees whose assets are deposited in the Program;
(3) the administration, investment, or investment performance of the Trust or the Program; or
(4) the Program design or the benefits paid to Program participants.
(b) An employer is not a fiduciary, and may not be considered to be a fiduciary, of the Trust or the Program.