Okla. Stat. tit. 62, § 62-2306
This is the official text of Okla. Stat. tit. 62, § 62-2306, part of Oklahoma’s Stat. tit. 62, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 62,." Browse the sections below, each linked to its official government source.
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Duties of Board of Investors
Official statutory text
A. The Board of Investors of the Tobacco Settlement Endowment
Trust Fund shall discharge their duties as trustees of the Tobacco
Settlement Endowment Trust Fund:
1. 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;
2. By diversifying the investments in the trust fund so as to
minimize the risk of large losses, unless, under the circumstances,
it is clearly prudent not to do so; and
3. In accordance with the laws, documents, and instruments
governing the trust fund.
B. The Board of Investors shall retain qualified investment
managers to provide for the investment of the monies of the trust
fund. The investment managers shall be chosen by a solicitation of
proposals on a competitive basis pursuant to standards set by the
Board of Investors. The investment managers shall manage those
monies of the trust fund allocated to the investment managers in
compliance with the overall investment guidelines set by the Board
of Investors. The monies of the trust fund allocated to the
investment managers shall be managed by the investment managers in
accordance with the investment guidelines and other directions of
the Board of Investors. The investment managers may sell
investments and realize 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. The Board of Investors may have the State
Treasurer manage those monies not specifically allocated to the
investment managers.
C. The trust fund may be invested in the manner in which a
prudent person would invest it and consistent with the manner that
state retirement funds are invested.
D. The Board of Investors shall select a custodial bank to
settle transactions involving the investment of funds in the trust
fund and to hold custody of the securities in the trust fund
portfolio. 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 basis pursuant to standards set by the Board of
Investors. The Board of Investors may also select professional
Oklahoma Statutes - Title 62. Public Finance Page 643
investment consultants, auditors, and actuaries to assist the Board
of Investors in carrying out its fiduciary responsibilities. All
these professionals shall be selected by a solicitation of proposals
on a competitive basis pursuant to standards set by the Board of
Investors.
E. The Board of Investors shall choose the professional
custodians and managers of the assets of the trust fund, shall
establish investment and fund management guidelines, and shall adopt
an investment policy. The selection of investment managers,
investment consultants, auditors, and actuaries, and a custodian
bank shall be exempt from the provisions of the Oklahoma Central
Purchasing Act.
F. The Board of Investors shall set aside cash reserves from
the earnings of the Tobacco Settlement Endowment Trust Fund if
requested by the Board of Directors of the Tobacco Settlement
Endowment Trust Fund pursuant to subsection B of Section 10 of this
act.
G. The State Treasurer shall provide any necessary staff
support to the Board of Investors. The cost of up to two full-time-
equivalent employees for the Office of the State Treasurer may be
considered as an administrative expense of the trust fund. However,
the amount provided to the State Treasurer for this purpose shall be
determined by the Board of Directors of the Tobacco Settlement
Endowment Trust Fund.
Trust Fund shall discharge their duties as trustees of the Tobacco
Settlement Endowment Trust Fund:
1. 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;
2. By diversifying the investments in the trust fund so as to
minimize the risk of large losses, unless, under the circumstances,
it is clearly prudent not to do so; and
3. In accordance with the laws, documents, and instruments
governing the trust fund.
B. The Board of Investors shall retain qualified investment
managers to provide for the investment of the monies of the trust
fund. The investment managers shall be chosen by a solicitation of
proposals on a competitive basis pursuant to standards set by the
Board of Investors. The investment managers shall manage those
monies of the trust fund allocated to the investment managers in
compliance with the overall investment guidelines set by the Board
of Investors. The monies of the trust fund allocated to the
investment managers shall be managed by the investment managers in
accordance with the investment guidelines and other directions of
the Board of Investors. The investment managers may sell
investments and realize 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. The Board of Investors may have the State
Treasurer manage those monies not specifically allocated to the
investment managers.
C. The trust fund may be invested in the manner in which a
prudent person would invest it and consistent with the manner that
state retirement funds are invested.
D. The Board of Investors shall select a custodial bank to
settle transactions involving the investment of funds in the trust
fund and to hold custody of the securities in the trust fund
portfolio. 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 basis pursuant to standards set by the Board of
Investors. The Board of Investors may also select professional
Oklahoma Statutes - Title 62. Public Finance Page 643
investment consultants, auditors, and actuaries to assist the Board
of Investors in carrying out its fiduciary responsibilities. All
these professionals shall be selected by a solicitation of proposals
on a competitive basis pursuant to standards set by the Board of
Investors.
E. The Board of Investors shall choose the professional
custodians and managers of the assets of the trust fund, shall
establish investment and fund management guidelines, and shall adopt
an investment policy. The selection of investment managers,
investment consultants, auditors, and actuaries, and a custodian
bank shall be exempt from the provisions of the Oklahoma Central
Purchasing Act.
F. The Board of Investors shall set aside cash reserves from
the earnings of the Tobacco Settlement Endowment Trust Fund if
requested by the Board of Directors of the Tobacco Settlement
Endowment Trust Fund pursuant to subsection B of Section 10 of this
act.
G. The State Treasurer shall provide any necessary staff
support to the Board of Investors. The cost of up to two full-time-
equivalent employees for the Office of the State Treasurer may be
considered as an administrative expense of the trust fund. However,
the amount provided to the State Treasurer for this purpose shall be
determined by the Board of Directors of the Tobacco Settlement
Endowment Trust Fund.
Status: in_force · Read it on the official government site
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