2009 North Carolina Code
Chapter 147 - State Officers.
§ 147-69.7. Discharge of duties to Retirement Systems.

§ 147‑69.7.  Discharge of duties to Retirement Systems.

(a)        The Treasurer shall discharge his or her duties with respect to the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, the Firemen's and Rescue Squad Workers' Pension Fund, the Local Governmental Employees' Retirement System, the Legislative Retirement System, and the North Carolina National Guard Pension Fund (hereinafter referred to collectively as the Retirement Systems) as follows:

(1)        Solely in the interest of the participants and beneficiaries.

(2)        For the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the Retirement Systems.

(3)        With the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose.

(4)        Impartially, taking into account any differing interests of participants and beneficiaries.

(5)        Incurring only costs that are appropriate and reasonable.

(6)        In accordance with a good‑faith interpretation of the law governing the Retirement Systems.

(b)        In investing and managing assets of the Retirement Systems pursuant to subsection (a) of this section, the Treasurer:

(1)        Shall consider the following 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 portfolio of the Retirement Systems.

d.         The expected total return from income and the appreciation of capital.

e.         Needs for liquidity, regularity of income, and preservation or appreciation of capital.

f.          The adequacy of funding for the Retirement Systems based on reasonable actuarial factors.

(2)        Shall diversify the investments of the Retirement Systems unless the Treasurer reasonably determines that, because of special circumstances, it is clearly prudent not to do so.

(3)        Shall make a reasonable effort to verify facts relevant to the investment and management of assets of the Retirement Systems.

(4)        May invest in any kind of property or type of investment consistent with the provisions of Article 6 of Chapter 146 of the General Statutes.

(5)        May consider benefits created by an investment in addition to investment return only if the Treasurer determines that the investment providing these collateral benefits would be prudent even without collateral benefits.

(c)        Compliance by the Treasurer with this section must be determined in light of the facts and circumstances existing at the time of the Treasurer's decision or action and not by hindsight.

(d)        The Treasurer's investment and management decisions must be evaluated not in isolation but in the context of the portfolio of the Retirement Systems as a whole and as part of an overall investment strategy having risk and return objectives reasonably suited to the Retirement Systems.  (2009‑283, s. 3.)