(a) Participating employers shall not have any liability for an employee’s decision to participate in, or opt out of, the Program or for the investment decisions of the Board or of any enrollee.
     (b) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the Program. A participating employer shall not bear responsibility for the administration, investment, or investment performance of the Program. A participating employer shall not be liable with regard to investment returns, Program design, and benefits paid to Program participants.