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§47-2-303.1.
§47-2-303.1.
A. The Oklahoma Law Enforcement Retirement Board shall discharge its
duties with respect to the System solely in the interest of the
participants and beneficiaries and:
1. For the exclusive purpose of:
a. providing benefits to participants and their beneficiaries, and
b. defraying reasonable expenses of administering the System;
2. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims;
3. By diversifying the investments of the System so as to minimize the
risk of large losses, unless under the circumstances it is clearly
prudent not to do so; and
4. In accordance with the laws, documents and instruments governing
the System.
B. The Board may procure insurance indemnifying the members of the
Board from personal loss or accountability from liability resulting
from a member's action or inaction as a member of the Board.
C. The Board may establish an investment committee. The investment
committee shall be composed of not more than five (5) members of the
Board appointed by the president of the Board. The committee shall
make recommendations to the full Board on all matters related to the
choice of custodians and managers of the assets of the System, on the
establishment of investment and fund management guidelines, and in
planning future investment policy. The committee shall have no
authority to act on behalf of the Board in any circumstances
whatsoever. No recommendation of the committee shall have effect as an
action of the Board nor take effect without the approval of the Board
as provided by law.
D. The Board shall retain qualified investment managers to provide for
the investment of the monies of the System. The investment managers
shall be chosen by a solicitation of proposals on a competitive bid
basis pursuant to standards set by the Board. Subject to the overall
investment guidelines set by the Board, the investment managers shall
have full discretion in the management of those monies of the System
allocated to the investment managers. The Board shall manage those
monies not specifically allocated to the investment managers. The
monies of the System allocated to the investment managers shall be
actively managed by the investment managers, which may include selling
investments and realizing losses if such action is considered
advantageous to longer term return maximization. Because of the total
return objective, no distinction shall be made for management and
performance evaluation purposes between realized and unrealized
capital gains and losses.
E. Funds and revenues for investment by the investment managers or the
Board shall be placed with a custodian selected by the Board. The
custodian shall be a bank or trust company offering pension fund
master trustee and master custodial services. The custodian shall be
chosen by a solicitation of proposals on a competitive bid basis
pursuant to standards set by the Board. In compliance with the
investment policy guidelines of the Board, the custodian bank or trust
company shall be contractually responsible for ensuring that all
monies of the System are invested in income-producing investment
vehicles at all times. If a custodian bank or trust company has not
received direction from the investment managers of the System as to
the investment of the monies of the System in specific investment
vehicles, the custodian bank or trust company shall be contractually
responsible to the Board for investing the monies in appropriately
collateralized short-term interest-bearing investment vehicles.
F. Prior to August 1 of each year, the Board shall develop a written
investment plan for the System.
G. The Board shall compile a quarterly financial report of all the
funds of the System on a fiscal year basis. The report shall be
compiled pursuant to uniform reporting standards prescribed by the
Oklahoma State Pension Commission for all state retirement systems.
The report shall include several relevant measures of investment
value, including acquisition cost and current fair market value with
appropriate summaries of total holdings and returns. The report shall
contain combined and individual rate of returns of the investment
managers by category of investment, over periods of time. The Board
shall include in the quarterly reports all commissions, fees or
payments for investment services performed on behalf of the Board. The
report shall be distributed to the Governor, the Oklahoma State
Pension Commission, the Legislative Service Bureau, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate.
H. After July 1 and before October 1 of each year, the Board shall
publish widely an annual report presented in simple and easily
understood language pursuant to uniform reporting standards prescribed
by the Oklahoma State Pension Commission for all state retirement
systems. The report shall be submitted to the Governor, the Speaker of
the House of Representatives, the President Pro Tempore of the Senate,
the Oklahoma State Pension Commission and the members of the System.
The annual report shall cover the operation of the System during the
past fiscal year, including income, disbursements, and the financial
condition of the System at the end of the fiscal year. The annual
report shall also contain the information issued in the quarterly
reports required pursuant to subsection G of this section as well as a
summary of the results of the most recent actuarial valuation to
include total assets, total liabilities, unfunded liability or over
funded status, contributions and any other information deemed relevant
by the Board. The annual report shall be written in such a manner as
to permit a readily understandable means for analyzing the financial
condition and performance of the System for the fiscal year. The
annual financial statements must be audited and filed in accordance
with the requirements set forth for financial statement audits in
Section 212A of Title 74 of the Oklahoma Statutes.
I. The Board may retain an attorney licensed to practice law in this
state. The attorney shall serve at the pleasure of the Board for such
compensation as set by the Board. The Attorney General shall furnish
such legal services as may be requested by the Board.
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