HF 3322

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/16/2023 09:50am

A bill for an act
relating to retirement; establishing the State Retirement Plan Protection Act;
prohibiting the subordination of financial interests to social, political, or ideological
interests when investing state pension assets or exercising shareholder rights;
amending Minnesota Statutes 2022, sections 11A.04; 356A.01, by adding a
subdivision; 356A.04, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CITATION.
new text end

new text begin This act may be cited as the "State Retirement Plan Protection Act."
new text end

Sec. 2.

Minnesota Statutes 2022, section 11A.04, is amended to read:

11A.04 DUTIES AND POWERS; APPROPRIATION.

The state board shall:

(1) Act as trustees for each fund for which it invests or manages money in accordance
with the standard of care set forth in section 11A.09 if state assets are involved and in
accordance with chapter 356A if pension assets are involved.

(2) Formulate policies and procedures deemed necessary and appropriate to carry out
its functions. Procedures adopted by the board must allow fund beneficiaries and members
of the public to become informed of proposed board actions. Procedures and policies of the
board are not subject to the Administrative Procedure Act.

(3) Employ an executive director as provided in section 11A.07.

(4) Employ investment advisors and consultants as it deems necessary.

(5) Prescribe policies concerning personal investments of all employees of the board to
prevent conflicts of interest.

(6) Maintain a record of its proceedings.

(7) As it deems necessary, establish advisory committees subject to section 15.059 to
assist the board in carrying out its duties.

(8) Not permit state funds to be used for the underwriting or direct purchase of municipal
securities from the issuer or the issuer's agent.

(9) Direct the commissioner of management and budget to sell property other than money
that has escheated to the state when the board determines that sale of the property is in the
best interest of the state. Escheated property must be sold to the highest bidder in the manner
and upon terms and conditions prescribed by the board.

(10) Undertake any other activities necessary to implement the duties and powers set
forth in this section.

(11) Establish a formula or formulas to measure management performance and return
on investment. Public pension funds in the state shall utilize the formula or formulas
developed by the state board.

(12) Except as otherwise provided in article XI, section 8, of the Constitution of the state
of Minnesota, employ, at its discretion, qualified private firms to invest and manage the
assets of funds over which the state board has investment management responsibility. There
is annually appropriated to the state board, from the assets of the funds for which the state
board utilizes a private investment manager, sums sufficient to pay the costs of employing
private firms. Each year, by January 15, the board shall report to the governor and legislature
on the cost and the investment performance of each investment manager employed by the
board.

(13) Adopt an investment policy statement that includes investment objectives, asset
allocation, and the investment management structure for the retirement fund assets under
its control. The statement may be revised at the discretion of the state board. new text begin The statement
must not subordinate the financial interests of plan participants and benefit recipients to the
furtherance of any social, political, or ideological interest. new text end The state board shall seek the
advice of the council regarding its investment policy statement. Adoption of the statement
is not subject to chapter 14.

(14) Adopt a compensation plan setting the terms and conditions of employment for
unclassified employees of the state board pursuant to section 43A.18, subdivision 3b.

(15) Contract, as necessary, with the board of trustees of the Minnesota State Universities
and Colleges System for the provision of investment review and selection services under
section 354B.25, subdivision 3, and arrange for the receipt of payment for those services.

There is annually appropriated to the state board, from the assets of the funds for which
the state board provides investment services, sums sufficient to pay the costs of all necessary
expenses for the administration of the board. These sums will be deposited in the State
Board of Investment operating account, which must be established by the commissioner of
management and budget.

Sec. 3.

Minnesota Statutes 2022, section 356A.01, is amended by adding a subdivision to
read:

new text begin Subd. 18a. new text end

new text begin Pecuniary factor. new text end

new text begin "Pecuniary factor" means a factor that the State Board of
Investment, or another person authorized to invest on behalf of the State Board of Investment,
prudently expects to have a material effect on the risk or return of an investment. Pecuniary
factor does not mean consideration of the furtherance of any social, political, or ideological
interest.
new text end

Sec. 4.

Minnesota Statutes 2022, section 356A.04, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Subordination of financial interests prohibited. new text end

new text begin (a) When investing the assets
of a pension fund, the State Board of Investment, or another person authorized to invest on
behalf of the State Board of Investment, must make decisions based solely on pecuniary
factors and must not subordinate the financial interests of plan participants and benefit
recipients to other objectives, including sacrificing investment return or undertaking
additional risk to promote a nonpecuniary factor or objective.
new text end

new text begin (b) When exercising shareholder rights with respect to the assets of a pension fund,
including but not limited to proxy voting, the State Board of Investment, or another person
authorized to exercise shareholder rights on behalf of the State Board of Investment, must
only consider pecuniary factors and must not subordinate the financial interests of plan
participants and benefit recipients to other nonpecuniary factors or objectives.
new text end

new text begin (c) The attorney general may bring an action to enjoin any person from violating this
subdivision.
new text end