A BILL TO BE ENTITLED
AN ACT to provide the retirement system board of trustees with sole authority over investment of retirement system funds.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 135‑7 reads as rewritten:
"§ 135‑7.  Management of funds.
(a)	Vested in Board of  Trustees; Investment of Funds. – The Board of Trustees shall be the trustee of the several funds created by this Chapter as provided in this section and in G.S. 135‑8. The Board of Trustees shall have sole authority and responsibility as fiduciary to invest the several funds as provided in G.S. 135‑7A and G.S. 135‑7B.
(b)	Regular Interest Allowance. – The Board of Trustees annually shall allow regular interest on the mean amount for the preceding year in each of the funds with the exception of the expense fund. The amounts so allowed shall be due and payable to said funds, and shall be annually credited thereto by the Board of Trustees from interest and other earnings on the moneys of the Retirement System. Any additional amount required to meet the interest on the funds of the Retirement System shall be paid from the pension accumulation fund, and any excess of earnings over such amount required shall be paid to the pension accumulation fund. Regular interest shall mean such per centum rate to be compounded annually as shall be determined by the Board of Trustees on the basis of the interest earnings of the System for the preceding year and of the probable earnings to be made, in the judgment of the Board, during the immediate future, such rate to be limited to a minimum of three per centum (3%) and a maximum of four per centum (4%), with the latter rate applicable during the first year of operation of the Retirement System.
(c)	Custodian of Funds. – The State Treasurer shall be the custodian of the several  funds.
(d)	Deposits to Meet Disbursements. – For the purpose of meeting disbursements for pensions, annuities and other payments there may be kept available cash, not exceeding ten per centum (10%) of the total amount in the several funds of the Retirement System, on deposit with the State Treasurer of North Carolina.
(e)	Personal Profit or Acting as Surety Prohibited. – Except as otherwise herein provided, no trustee and no employee of the Board of Trustees shall have any direct interest in the gains or profits of any investment made by the Board of Trustees, nor as such receive any pay or emolument for his service. No trustee or employee of the Board shall, directly or indirectly, for himself or as an agent in any manner use the same, except to make such current and necessary payments as are authorized by the Board of Trustees; nor shall any trustee or employee of the Board of Trustees become an endorser or surety or in any manner an obligor for moneys loaned or borrowed from the Board of Trustees.
(f)	Retiree Health Benefit Fund. – The Retiree Health Benefit Fund is established as a fund in which accumulated contributions from employers and any earnings on those contributions shall be used to provide health benefits to retired and disabled employees and their applicable beneficiaries as provided by this Chapter. The Retiree Health Benefit Fund shall be administered in accordance with the provisions of subsection (a) of this section. Employer contributions to the Fund are irrevocable. The assets of the Fund are dedicated to providing health benefits to retired and disabled employees and their applicable beneficiaries as provided by this Chapter and are not subject to the claims of creditors of the employers making contributions to the Fund. However, Fund assets may be used for reasonable expenses to administer the Fund, including costs to conduct required actuarial valuations of State‑supported retired employees' health benefits under other post‑employment benefit accounting standards set forth by the Governmental Accounting Standards Board of the Financial Accounting Foundation."
SECTION 2.  G.S. 128‑29 reads as rewritten:
"§ 128‑29.  Management of funds.
(a)	Vested in Board of  Trustees; Investment of Funds. – The Board of Trustees shall be the trustee of the several funds created by this Article as provided in G.S. 128‑30. The Board of Trustees of the Teachers' and State Employees' Retirement System shall have sole authority and responsibility as fiduciary to invest the several funds as provided in G.S. 135‑7A and G.S. 135‑7B.
(b)	Annual Allowance of Regular Interest. – The Board of Trustees  annually shall allow regular interest on the mean amount for the preceding year in each of the funds with the exception of the expense fund. The amounts so allowed shall be due and payable to said funds, and shall be annually credited thereto by the Board of Trustees from interest and other earnings on the moneys of the Retirement System. Any additional amount required to meet the interest on the funds of the Retirement System shall be paid from the pension accumulation fund, and any excess of earnings over such amount required shall be paid to the pension accumulation fund. Regular interest shall mean interest at the rate of four per centum (4%) per annum with respect to all calculations and allowances on account of members' contributions and at the rate of three per centum (3%) per annum with respect to employers' contributions, with the right reserved to the Board of Trustees to set a different rate or rates from time to time.
(c)	Custodian of Funds. – The State Treasurer shall be the custodian of the several  funds. All payments from said funds shall be made by him only upon vouchers signed by two persons designated by the Board of Trustees. The secretary of the Board of Trustees shall furnish said Board a surety bond in a company authorized to do business in North Carolina in such amount as shall be required by the Board, the premium to be paid from the expense fund.
(d)	Cash Deposits for Meeting Disbursements. – For the purpose of meeting disbursements for pensions, annuities and other payments there may be kept available cash, not exceeding ten per centum (10%) of the total amount in the several funds of the Retirement System, on deposit in one or more banks or trust companies of the State of North Carolina, organized under the laws of the State of North Carolina, or of the United States: Provided, that the sum on deposit in any one bank or trust company shall not exceed twenty‑five per centum (25%) of the paid up capital and surplus of such bank or trust company.
(e)	Selection of Depositories. – The Board of Trustees shall select a bank or banks for the deposits of the funds and securities of the Retirement System in the same manner as such banks are selected by the Treasurer of the State of North Carolina. Such banks selected shall be required to conform to the law governing banks selected by the State. The funds and properties of the North Carolina Governmental Employees' Retirement System held in any bank of the State shall be safeguarded by a fidelity and surety bond, the amount to be determined by the Board of Trustees.
(f)	Immunity of Funds. – Except as otherwise herein provided, no trustee and no employee of the Board of Trustees shall have any direct interest in the gains or profits of any investment made by the Board of Trustees, nor as such receive any pay or emolument for this service. No trustee or employee of the Board shall, directly or indirectly, for himself or as an agent in any manner use the same, except to make such current and necessary payments as are authorized by the Board of Trustees; nor shall any trustee or employee of the Board of Trustees become an endorser or surety or in any manner an obligor for moneys loaned or borrowed from the Board of Trustees."
SECTION 3.  Article 1 of Chapter 135 of the General Statutes is amended by adding two new sections to read:
"§ 135‑7A.  Investments authorized for funds held by the Board.
(a)	This section applies to funds held by the Board of Trustees to the credit of each of the following:
(1)	The Teachers' and State Employees' Retirement System.
(2)	The Consolidated Judicial Retirement System.
(3)	The Teachers' and State Employees' Comprehensive Major Medical Plan.
(4)	The Disability Income Plan.
(5)	The Local Governmental Employees' Retirement System.
(6)	The Legislative Retirement System.
(7)	The Firemen's and Rescue Workers' Pension Fund.
(8)	The Legislative Retirement Fund.
(9)	North Carolina National Guard Pension Fund.
(10)	Death Benefit Trust. 
(11)	Register of Deeds Supplemental Pension Fund.
(b)	It shall be the duty of the Board of Trustees to invest the cash of the funds enumerated in subsection (a) of this section in excess of the amount required to meet the current needs and demands on such funds, selecting from among the following:
(1)	Any of the investments authorized to the State Treasurer by G.S. 147‑69.1(c)(1)‑(7).
(2)	General obligations of other states of the United States.
(3)	General obligations of cities, counties, and special districts in North Carolina.
(4)	Obligations of any company, other organization, or legal entity incorporated or otherwise created or located within or outside the United States if the obligations bear one of the four highest ratings of at least one nationally recognized rating service and do not bear a rating below the four highest by any nationally recognized rating service which rates the particular security.
(5)	Asset‑backed securities (whether considered debt or equity) provided they bear ratings by nationally recognized rating services as provided in subdivision (4) of this subsection and that they do not bear a rating below the four highest by any nationally recognized rating service that rates the particular securities.
(6)	Any of the following: (i) insurance contracts that provide for participation in individual or pooled separate accounts of insurance companies, (ii) group trusts, (iii) individual, common, or collective trust funds of banks and trust companies, (iv) real estate investment trusts, and (v) limited partnerships, whether described as limited liability partnerships or limited liability companies; provided the investment manager has assets under management of at least one hundred million dollars ($100,000,000); provided such investment assets are managed primarily for the purpose of investing in or owning real estate or related debt financing located within or outside the United States; and provided that the investment authorized by this subdivision shall not exceed ten percent (10%) of the market value of all invested assets of the Retirement Systems.
(7)	Preferred or common stocks issued by any company incorporated or otherwise created or located within or outside the United States provided the investments meet the conditions of this subdivision.
The investments authorized under this subdivision cannot exceed sixty‑five percent (65%) of the market value of all invested assets of the Retirement Systems. Up to five percent (5%) of the amount that may be invested under this subdivision may be invested in the stocks or shares of a diversified investment company registered under the Investment Company Act of 1940 that has total assets of at least fifty million dollars ($50,000,000).
The assets authorized under this subdivision can be invested through individual, common, or collective trust funds of banks, trust companies, and group trust funds of investment advisory companies so long as the investment manager has assets under management of at least one hundred million dollars ($100,000,000).
The assets authorized under this subdivision can also be invested directly, if all of the following conditions are met:
a.	The common stock or preferred stock of such corporation is registered on a national securities exchange as provided in the Federal Securities Exchange Act or quoted through the National Association of Securities Dealers' Automated Quotations (NASDAQ) system.
b.	The corporation has paid a cash dividend on its common stock in each year of the five‑year period next preceding the date of investment and the aggregate net earnings available for dividends on the common stock of the corporation for the whole of that period have been at least equal to the amount of the dividends paid.
c.	In applying the dividend and earnings test under this section to any issuing, assuming, or guaranteeing corporation, if the corporation acquired its property or any substantial part thereof within a five‑year period immediately preceding the date of investment by consolidation, merger, or by the purchase of all or a substantial portion of the property of any other corporation or corporations, or acquired the assets of any unincorporated business enterprise by purchase or otherwise, the dividends and net earnings of the several predecessor or constituent corporations or enterprises shall be consolidated and adjusted so as to ascertain whether or not the applicable requirements of this subdivision have been complied with.
No more than one and one‑half percent (1 1/2%) of the market value of the Retirement Systems' assets that may be invested under this subdivision can be invested in the stock of a single corporation, and the total number of shares in that single corporation cannot exceed eight percent (8%) of the issued and outstanding stock of that corporation.
d.	That investments may be made in securities convertible into common stocks issued by any such company, if such securities bear one of the four highest ratings of at least one nationally recognized rating service and do not bear a rating below the four highest by any nationally recognized rating service which may then rate the particular security.
(8)	Limited partnership interests in a partnership or in interests in a limited liability company if the primary purpose of the partnership or limited liability company is to invest in public or private debt, public or private equity, or corporate buyout transactions, within or outside the United States. The amount invested under this subdivision shall not exceed five percent (5%) of the market value of all invested assets of the Retirement Systems.
(c)	With respect to investments authorized by subdivisions (7) and (8) of subsection (b) of this section, the Board of Trustees shall appoint an Investment Advisory Committee, which shall consist of five members: the State Treasurer, who shall be chairman ex officio; two members selected from among the members of the boards of trustees of the Retirement Systems; and two members selected from the general public. The two public members must have experience in one or more of the following areas: investment management, real estate investment trusts, real estate development, venture capital investment, or absolute return strategies. The Board of Trustees shall also appoint a Secretary of the Investment Advisory Committee who need not be a member of the committee. Members of the committee shall receive for their services the same per diem and allowances granted to members of State boards and commissions generally. The committee shall have advisory powers only and membership shall not be deemed a public office within the meaning of Article VI, Section 9 of the Constitution of North Carolina or G.S. 128‑1.1.
"§ 135‑7B.  Administration of Board's investment programs.
(a)	The Board of Trustees shall establish, maintain, administer, manage, and operate within the Department of State Treasurer one or more investment programs for the deposit and investment of assets pursuant to the provisions of G.S. 135‑7A and G.S. 135‑7B.
(b)	The Board of Trustees' investment programs shall be so managed that in the judgment of the Board funds may be readily converted into cash when needed.
(c)	The total return earned on investments shall accrue pro rata to the fund whose assets are invested according to the formula prescribed by the Board of Trustees with the approval of the Governor and Council of State.
(d)	The Board of Trustees has full powers as a fiduciary to hold, purchase, sell, assign, transfer, lend, and dispose of any of the securities or investments in which any of the programs created pursuant to this section have been invested and may reinvest the proceeds from the sale of those securities or investments and any other investable assets of the program.
(e)	The cost of administration, management, and operation of investment programs established pursuant to this section shall be apportioned equitably among the programs in such manner as may be prescribed by the Board of Trustees, such costs to be paid from each program, and to the extent not otherwise chargeable directly to the income or assets of the specific investment program or pooled investment vehicle, shall be deposited with the State Treasurer as a General Fund nontax revenue. The cost of administration, management, and operation of investment programs established pursuant to this section and not directly paid from the income or assets of such program shall be covered by an appropriation to the Board of Trustees for this purpose in the Current Operations Appropriations Act.
(f)	The Board of Trustees may retain the services of independent appraisers, auditors, actuaries, attorneys, investment counseling firms, statisticians, custodians, or other persons or firms possessing specialized skills or knowledge necessary for the proper administration of investment programs created pursuant to this section.
(g)	The Board of Trustees shall prepare, as of the end of each fiscal year, a report on the financial condition of each investment program created pursuant to this section. A copy of each report shall be submitted within 30 days following the end of the fiscal year to the official, institution, board, commission, or other agency whose funds are invested, the State Auditor, and the chairs of the Finance Committees of the House of Representatives and the Senate.
(h)	The Board of Trustees shall report at least twice a year to the General Assembly, through the Finance Committees of the House of Representatives and the Senate, on the investment programs created under this section. The Board of Trustees shall present the reports to a joint meeting of the Finance Committees. The chairs of the Finance Committees may receive the reports and call the meetings. The Finance Committees may meet during the interim as necessary to hear the reports from the Board of Trustees. The Board of Trustees' report and presentation to the Finance Committees shall include all of the following:
(1)	A full and complete statement of all moneys invested by virtue of the provisions of G.S. 135‑7A and G.S. 135‑7B.
(2)	The nature and character of the investments.
(3)	The revenues derived from the investments.
(4)	The costs of administering, managing, and operating the investment programs, including the recapture of any investment commissions.
(5)	A statement of the investment policies for the revenues invested.
(6)	Any other information that may be helpful in understanding the State Treasurer's investment policies and investment results.
(7)	Any other information requested by the Finance Committees.
(i)	The Board of Trustees shall report the incentive bonus paid to the Chief Investment Officer to the Joint Legislative Commission on Governmental Operations by October 1 of each year.
(j)	The Board of Trustees shall adopt any rules necessary to carry out the provisions of this section."
SECTION 4.  G.S. 147‑69.2 reads as rewritten:
"§ 147‑69.2.  Investments authorized for special funds held by State Treasurer.
(a)	This section applies to funds held by the State Treasurer to the credit of each of the following:
								(9)	The Escheat Fund.
	(11)	The State Education Assistance Authority.
(12)	The State Property Fire Insurance Fund.
(13)	The Stock Workers' Compensation Fund.
(14)	The Mutual Workers' Compensation Fund.
(15)	The Public School Insurance Fund.
(16)	The Liability Insurance Trust Fund.
(16a)	The University of North Carolina Hospitals at Chapel Hill funds, except appropriated funds, deposited with the State Treasurer pursuant to G.S. 116‑37.2.
(17)	Trust funds of The University of North Carolina and its constituent institutions deposited with the State Treasurer pursuant to G.S. 116‑36.1.
(17a)	North Carolina Veterans Home Trust Fund.
	(17c)	Retiree Health Premium Reserve Account.
(17d)	The Election Fund.
(17e)	The North Carolina State Lottery Fund.
(17f)	Funds deposited with the State Treasurer by public hospitals pursuant to G.S. 159‑39(g).
(17g)	The Local Government Other Post‑Employment Benefits Fund.
(17h)	The Local Government Law Enforcement Special Separation Allowance Fund.
(18)	Any other special fund created by or pursuant to law for purposes other than meeting appropriations made pursuant to the Executive Budget Act.
(b)	It shall be the duty of the State Treasurer to invest the cash of the funds enumerated in subsection (a) of this section in excess of the amount required to meet the current needs and demands on such funds, selecting from among the following:
(1)	Any of the investments authorized by G.S. 147‑69.1(c)(1)‑(7).
(2)	General obligations of other states of the United States.
(3)	General obligations of cities, counties and special districts in North Carolina.
(4)	Obligations of any company, other organization or legal entity incorporated or otherwise created or located within or outside the United States if the obligations bear one of the four highest ratings of at least one nationally recognized rating service and do not bear a rating below the four highest by any nationally recognized rating service which rates the particular security.
(5)	Repealed by Session Laws 2001‑444, s. 2, effective October 1, 2001.
(6)	Asset‑backed securities (whether considered debt or equity) provided they bear ratings by nationally recognized rating services as provided in G.S. 147‑69.2(b)(4) and that they do not bear a rating below the four highest by any nationally recognized rating service that rates the particular securities.
	(8)	With respect to assets   invested pursuant to subdivision (b2) of this section, they may be invested in preferred or common stocks issued by any company incorporated or otherwise created or located within or outside the United States provided the investments meet the conditions of this subdivision.
The assets authorized under this subdivision can be invested through individual, common, or collective trust funds of banks, trust companies, and group trust funds of investment advisory companies so long as the investment manager has assets under management of at least one hundred million dollars ($100,000,000).
The assets authorized under this subdivision can also be invested directly, if all of the following conditions are met:
a.	The common stock or preferred stock of such corporation is registered on a national securities exchange as provided in the Federal Securities Exchange Act or quoted through the National Association of Securities Dealers' Automated Quotations (NASDAQ) system.
b.	The corporation has paid a cash dividend on its common stock in each year of the 5‑year period next preceding the date of investment and the aggregate net earnings available for dividends on the common stock of the corporation for the whole of that period have been at least equal to the amount of the dividends paid.
c.	In applying the dividend and earnings test under this section to any issuing, assuming, or guaranteeing corporation, if the corporation acquired its property or any substantial part thereof within a five‑year period immediately preceding the date of investment by consolidation, merger, or by the purchase of all or a substantial portion of the property of any other corporation or corporations, or acquired the assets of any unincorporated business enterprise by purchase or otherwise, the dividends and net earnings of the several predecessor or constituent corporations or enterprises shall be consolidated and adjusted so as to ascertain whether or not the applicable requirements of this subdivision have been complied with.
No more than one and one‑half percent (1 1/2%) of the market value of the Retirement Systems' assets that may be invested under this subdivision can be invested in the stock of a single corporation, and the total number of shares in that single corporation cannot exceed eight percent (8%) of the issued and outstanding stock of that corporation.
d.	to f. Repealed by Session Laws 2001‑444, s. 2, effective October 1, 2001.
g.	That investments may be made in securities convertible into common stocks issued by any such company, if such securities bear one of the four highest ratings of at least one nationally recognized rating service and do not bear a rating below the four highest by any nationally recognized rating service which may then rate the particular security.
	(10)	Recodified as part of subdivision (b)(9) by Session Laws 2000‑160, s. 2.
(11)	With respect to assets of the Escheat Fund, obligations of the North Carolina Global TransPark Authority authorized by G.S. 63A‑4(a)(22), not to exceed twenty‑five million dollars ($25,000,000), that have a final maturity not later than October 1, 2009. The obligations shall bear interest at the rate set by the State Treasurer. No commitment to purchase obligations may be made pursuant to this subdivision after September 1, 1993, and no obligations may be purchased after September 1, 1994. In the event of a loss to the Escheat Fund by reason of an investment made pursuant to this subdivision, it is the intention of the General Assembly to hold the Escheat Fund harmless from the loss by appropriating to the Escheat Fund funds equivalent to the loss.
If any part of the property owned by the North Carolina Global TransPark Authority now or in the future is divested, proceeds of the divestment shall be used to fulfill any unmet obligations on an investment made pursuant to this subdivision.
(12)	With respect to assets of the Escheat Fund, in addition to those investments authorized by subdivisions (1) through (6) of this subsection, up to twenty percent (20%) in the investments authorized under subdivisions (7) through (9) of this subsection, notwithstanding the limitations imposed on the retirement funds under those subdivisions.
	(b2)	The State Treasurer may invest funds deposited pursuant to subdivision (a)(17f) of this section in any of the investments authorized under subdivisions (1) through (6) and subdivision (8) of subsection (b) of this section. The State Treasurer may require a minimum deposit, up to one hundred thousand dollars ($100,000), and may assess a reasonable fee, not to exceed 15 basis points, as a condition of participation pursuant to this subsection. Funds deposited pursuant to this subsection by a hospital shall remain the funds of that hospital, and interest or other investment income earned thereon shall be prorated and credited to the contributing hospital on the basis of the amounts thereof contributed, figured according to sound accounting principles.
(b3)	The State Treasurer may invest funds deposited pursuant to subdivision (a)(16a) of this section in any of the investments authorized under subdivisions (1) through (6) and subdivision (8) of subsection (b) of this section. The State Treasurer may require a minimum deposit, up to one hundred thousand dollars ($100,000), and may assess a reasonable fee, not to exceed 15 basis points, as a condition of participation pursuant to this subsection. Funds deposited pursuant to this subsection by the University of North Carolina Hospitals at Chapel Hill shall remain the funds of the University of North Carolina Hospitals at Chapel Hill, and interest or other investment income earned thereon shall be prorated and credited to the University of North Carolina Hospitals at Chapel Hill on the basis of the amounts thereof contributed, figured according to sound accounting principles.
(b4)	In addition to the investments authorized under subdivisions(b)(1) through (b)(6) of this section, the State Treasurer may invest funds deposited in the Local Government Other Post‑Employment Benefits Fund in the investments authorized under subdivision (b)(8) of this section. For investments from that Fund made under subdivision (b)(8) of this section, the State Treasurer may require a minimum deposit of up to one hundred thousand dollars ($100,000) and may assess a fee of up to 15 basis points as a condition of making the investment. The fee may be used to defray the costs of administering the Fund.
(b5)	In addition to the investments authorized under subdivisions (b)(1) through (b)(6) of this section, the State Treasurer may invest funds deposited in the Local Government Law Enforcement Special Separation Allowance Fund in the investments authorized under subdivision (b)(8) of this section. For investments from that Fund made under subdivision (b)(8) of this section, the State Treasurer may require a minimum deposit of up to one hundred thousand dollars ($100,000) and may assess a fee of up to 15 basis points as a condition of making the investment. The fee may be used to defray the costs of administering the Fund.
(c)	Repealed by Session Laws 1995, c. 501, s. 2."
SECTION 5.  This act becomes effective July 1, 2008.