Where fiduciary responsibility has been allocated to another person
or persons pursuant to the procedures contained in this part, the
allocating fiduciary shall not be liable for any act or omission of such
person or persons unless:
(a) The allocating fiduciary has violated 5 U.S.C. 8477(b) with
respect to--
(1) The allocation or the continuation of the allocation,
(2) The implementation of these procedures, or
(3) The duty to monitor the performance of such person or persons in
a reasonable manner during the life of the allocation, or
(b) The allocating fiduciary would otherwise be liable in accordance
with 5 U.S.C. 8477(e)(1)(D).
