2020 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-133 - Investment of funds; prudent investor standard; conditions.
A. Commissions paid for the purchase and sale of any security shall not exceed brokerage rates prescribed and approved by stock exchanges that have been approved by or are under the control of the United States securities and exchange commission or by industry practice.
B. The retirement board shall invest and manage the funds administered by the retirement board in accordance with the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978].
C. The retirement board shall provide quarterly performance reports to the legislative finance committee and the department of finance and administration. Annually, the retirement board shall ratify and provide its written investment policy, including any amendments, to the legislative finance committee and the department of finance and administration.
D. Securities purchased with money from or held for any fund administered by the retirement board and for which the retirement board is trustee shall be in the custody of the state treasurer who shall, at the direction of the retirement board, deposit with a bank or trust company the securities for safekeeping or servicing.
E. The retirement board may consult with the state investment council or state investment officer and request information or advice with respect to the retirement board's overall investment plan, may utilize the services of the state investment council and state investment officer and may act on their advice concerning the plan. The state investment council and state investment officer shall render investment services to the retirement board without expense to the retirement board. The retirement board may also employ the investment management services and related management services of a trust company or national bank exercising trust powers or of an investment counseling firm or brokers for the purchase and sale of securities, commission recapture and transitioning services and may pay reasonable compensation for such services from funds administered by the retirement board. The terms of any such investment management services contract shall incorporate the statutory requirements for investment of funds under the retirement board's jurisdiction.
F. The retirement board shall annually provide for its members no less than eight hours of training in pension fund investing, fiduciary obligations or ethics. A member elected to the retirement board who fails to attend the training for two consecutive years shall be deemed to have resigned from the retirement board.
G. Except as provided in the Public Employees Retirement Act, a member of the retirement board, employee of the retirement board or any person connected with the retirement board in any manner shall not:
(1) have any direct or indirect interest in the gains or profits of any investment made by the retirement board;
(2) receive any direct or indirect pay or emolument for services provided to the retirement board or the association;
(3) directly or indirectly, for the member, employee or person, for themselves or as agent or partner of others, borrow any of the funds or deposits of the association or in any manner use them except to make current and necessary payments authorized by the retirement board; or
(4) become an endorser or surety or become in any manner an obligor for money of the retirement board loaned or borrowed.
History: Laws 1987, ch. 253, § 133; 1989, ch. 46, § 2; 1992, ch. 116, § 12; 2005, ch. 240, § 5; 2009, ch. 288, § 11.
ANNOTATIONSThe 2009 amendment, effective July 1, 2009, added Subsection F.
Temporary provisions. — Laws 2009, ch. 288, § 19, effective April 10, 2009, created a retirement systems solvency task force to study the actuarial soundness and solvency of the retirement plans of the public employees retirement association, the educational retirement association and the health care plan of the retiree health care authority, and prepare a solvency plan for each entity.
The 2005 amendment, effective July 1, 2005, deleted the former provision in Subsection B, which provided that the prudent man rule applies to investment of money of the association; added Subsection B to provide that the retirement board invest and manage the fund in accordance with the Uniform Prudent Investor Act; added Subsection C to provide that the retirement board shall provide reports and investment policies to the legislative finance committee and the department of finance and administration; and provided in Subsection E that the retirement board may employ related management services in addition to investment management services of brokers for the purchase and sale of securities, commission recapture and transitioning services.
The 1992 amendment, effective July 1, 1992, substituted all of the language of Subsection A beginning with "stock exchanges" for "national stock exchanges or by industry practice"; inserted "of securities" and "or below" in the second sentence of Subsection B; substituted "administered by the retirement board and for which the retirement board is trustee" for "of the association" in Subsection C; and, in Subsection D, substituted "may" for "shall" in the first sentence, and substituted "administered by the retirement board" for "of the association" at the end of the third sentence; and made minor stylistic changes throughout the section.
