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South Carolina Code Title 9, Chapter 16 — Retirement System Funds

South Carolina · statute · S.C. Code tit. 9, ch. 16 · 23 active provisions

23 active provisions.

Provisions

S.C. Code § 9-16-20

Investment and management authority of commission; holding assets in group trust under Section 401(a)(24) of the Internal Revenue Code

(A) All assets of a retirement system are held in trust. The commission has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets. (B) If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15…

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S.C. Code § 9-16-30

Delegation of functions by commission; standard of care; agent's duty and submission to jurisdiction

(A) The commission may delegate functions that a prudent person acting in a like capacity and familiar with those matters could properly delegate under the circumstances but final authority to invest cannot be delegated. (B) The commission shall exercise reasonable care, skill, and caution in: (1) selecting an agent; (…

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S.C. Code § 9-16-50

Investment and management considerations by trustee; diversification; verification of facts; statement of investment objectives and policies

(A) In investing and managing assets of a retirement system pursuant to Section 9-16-40, the commission: (1) shall consider among other circumstances: (a) general economic conditions; (b) the possible effect of inflation or deflation; (c) the role that each investment or course of action plays within the overall portfo…

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S.C. Code § 9-16-55

Investments in companies that in their operations are complicit with the government of Sudan in the Darfur genocide

(A) As used in this section: (1) "Active business operations" means a company engaged in business operations that provide revenue to the government of Sudan or a company engaged in oil-related activities. (2) "Business operations" means maintaining, selling, or leasing equipment, facilities, personnel, or any other app…

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S.C. Code § 9-16-60

Evaluation of fiduciary's compliance with law not to be hindsight; decision-making evaluated in context of whole portfolio

(A) Compliance by the trustee, commission, or other fiduciary with Sections 9-16-30, 9-16-40, and 9-16-50 must be determined in light of the facts and circumstances existing at the time of the trustee's, commission's, or fiduciary's decision or action and not by hindsight. (B) The commission's investment and management…

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S.C. Code § 9-16-70

Liability for breach of duty; insurance by retirement system or fiduciary; disclosure of terms and conditions

(A) A commission member or other fiduciary who breaches a duty imposed by this chapter is personally liable to the retirement system for any losses resulting from the breach and any profits resulting from the breach or made by the commission member or other fiduciary through use of assets of the system by the commissio…

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S.C. Code § 9-16-80

Investment meetings of board or commission as executive sessions exempt from disclosure; records of meetings

(A) Meetings by the board while acting as trustee of the retirement system, or meetings of the commission, or by its fiduciary agents to deliberate about, or make tentative or final decisions on, investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeo…

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S.C. Code § 9-16-315

Retirement System Investment Commission; membership; terms; qualifications; chief executive officer; chief investment officer and administrative staff; attorneys; costs and salary

(A) There is established the "Retirement System Investment Commission" (RSIC) consisting of eight members, seven of which have voting privileges, as follows: (1) two members appointed by the Governor, one of which is an active member of the South Carolina Retirement System, Police Officers Retirement System, the Judges…

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S.C. Code § 9-16-320

Adoption of annual investment plan; quarterly review; deliberations in executive session; independent advisors

(A) The commission shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the chief investment officer. No later than April first of each year, the chief investment officer shall su…

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S.C. Code § 9-16-330

Statement of actuarial assumptions and investment objectives; delegation of final authority to invest; components of plan; diversification; verification of investment facts; analysis and recommendations

(A) The commission shall provide the chief executive officer and the chief investment officer with a statement of general investment objectives. The commission also shall provide the chief executive officer and the chief investment officer with a statement of actuarial assumptions developed by the system's actuary and…

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S.C. Code § 9-16-340

Investment of retirement systems assets; annual investment plan; adoption and review

(A) The commission, acting through the chief investment officer, shall invest and reinvest the assets of the retirement systems as provided in Section 9-1-1310. The commission may employ or retain administrators, agents, consultants, or other advisors it considers necessary with respect to making investments. The chief…

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S.C. Code § 9-16-350

Use of information for self-interest; blind trusts; violations; punishment; provisions cumulative with other laws

(A) It is unlawful for a member, employee, or agent of the commission or anyone acting on its behalf to use any information concerning commission activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.…

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S.C. Code § 9-16-370

Defense and indemnification of Retirement System Investment Commission members, officers, and management employees

The State shall defend the members of the Retirement System Investment Commission established pursuant to this article against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the commission and must indemnify these members for a loss or judgment incurred by them as a…

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