Okla. Stat. tit. 74, § 74-942
This is the official text of Okla. Stat. tit. 74, § 74-942, part of Oklahoma’s Stat. tit. 74, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 74,." Browse the sections below, each linked to its official government source.
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Duties of Commission - Reports - Management consultants -
Official statutory text
Fiduciary duties.
A. The Oklahoma State Pension Commission shall:
1. Publish, on a quarterly basis, a performance report
analyzing the performance of the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement
System, the Uniform Retirement System for Justices and Judges, the
Oklahoma Law Enforcement Retirement System, the Teachers' Retirement
System of Oklahoma, the Oklahoma Public Employees Retirement System
and the retirement plan adopted by the Wildlife Conservation
Commission on an individual and consolidated basis. The Commission
shall establish a format for use by each of the state retirement
systems in submitting the information requested by the Commission
for the report. The report shall contain:
a. combined and individual rates of return of the
investment managers by category of investment, over
periods of time,
b. the data obtained pursuant to subparagraph a of this
paragraph compared with similar data for a larger
population of investment managers by asset class as
well as by style of management, and
c. any other information that the Commission may include;
2. Publish widely an annual report in simple and easily
understood language containing:
Oklahoma Statutes - Title 74. State Government Page 725
a. on an individual and consolidated basis, a report of
the changes in the investment policy statements
adopted by each retirement system in the prior year,
b. an analysis of the performance of the securities
lending program and short-term investment fund of the
custodian employed by each governing body of the
retirement systems specified in paragraph 1 of this
subsection with regard to short-term investment funds,
if any, containing retirement system monies,
c. recommendations on administrative and legislative
changes which are necessary to improve the performance
of the retirement systems in accordance with current
standards for large public fund portfolio management,
d. 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 Commission. The results shall be
determined using the standards prescribed by the
Government Accounting Standards Board or any successor
entity, and
e. a listing by category of the expenses of the
Commission;
3. Make recommendations to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate, based upon the advice of pension consultants, for updating
or standardizing retirement system benefit designs; and
4. Make recommendations to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate regarding the methods for the adequate financing of benefits
authorized or required by law for performance of service upon behalf
of employers participating in any of the retirement systems
administered by the entities identified in paragraph 1 of this
subsection, including, but not limited to, recommendations regarding
the use of dedicated tax or other revenue sources or the
modification of such tax or other revenue sources to provide
additional funding to retirement systems the actuarial condition of
which would benefit from such sources.
B. The Commission shall distribute its reports and
recommendations to the Governor, the President Pro Tempore of the
Senate, the Speaker of the House of Representatives and the chairman
and vice-chairman of the Joint Committee on Fiscal Operations. The
Commission shall make the reports widely available to the members of
the Legislature, members of the retirement systems and the general
public.
C. The Commission shall hire one or more pension fund
management consultants to assist the Commission in accomplishing its
Oklahoma Statutes - Title 74. State Government Page 726
man
and vice-chairman of the Joint Committee on Fiscal Operations. The
Commission shall make the reports widely available to the members of
the Legislature, members of the retirement systems and the general
public.
C. The Commission shall hire one or more pension fund
management consultants to assist the Commission in accomplishing its
Oklahoma Statutes - Title 74. State Government Page 726
objectives specified in subsection A of this section. Consultants
shall be chosen by a solicitation of proposals on a competitive bid
basis pursuant to standards set by the Commission. A consultant:
1. Shall be experienced in providing unbiased third-party
consulting services;
2. Shall have in its client base individual clients that are
comparable in size to the combined total assets of the retirement
systems specified in paragraph 1 of subsection A of this section;
and
3. Shall not be under contract with any of the individual
governing bodies of the various state retirement systems.
D. For purposes of this subsection, pension fund management
consultants hired by the Commission are hereby considered
fiduciaries of the state retirement systems.
1. A fiduciary with respect to the state retirement systems
shall not cause or advise a retirement system to engage in a
transaction if the fiduciary knows or should know that such
transaction constitutes a direct or indirect:
a. sale or exchange, or leasing of any property from a
retirement system to a party in interest for less than
adequate consideration or from a party in interest to
a retirement system for more than adequate
consideration,
b. lending of money or other extension of credit from a
retirement system to a party in interest without the
receipt of adequate security and a reasonable rate of
interest, or from a party in interest to a retirement
system with provision of excessive security or an
unreasonably high rate of interest,
c. furnishing of goods, services or facilities from a
retirement system to a party in interest for less than
adequate consideration, or from a party in interest to
a retirement system for more than adequate
consideration, or
d. transfer to, or use by or for the benefit of, a party
in interest of any assets of a retirement system for
less than adequate consideration.
2. A fiduciary with respect to the state retirement systems
shall not:
a. deal with the assets of a retirement system in the
fiduciary's own interest or for the fiduciary's own
account,
b. in the fiduciary's individual or any other capacity
act in any transaction involving a retirement system
on behalf of a party whose interests are adverse to
the interests of a retirement system or the interests
of its participants or beneficiaries, or
Oklahoma Statutes - Title 74. State Government Page 727
c. receive any consideration for the fiduciary's own
personal account from any party dealing with a
retirement system in connection with a transaction
involving the assets of a retirement system.
A. The Oklahoma State Pension Commission shall:
1. Publish, on a quarterly basis, a performance report
analyzing the performance of the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement
System, the Uniform Retirement System for Justices and Judges, the
Oklahoma Law Enforcement Retirement System, the Teachers' Retirement
System of Oklahoma, the Oklahoma Public Employees Retirement System
and the retirement plan adopted by the Wildlife Conservation
Commission on an individual and consolidated basis. The Commission
shall establish a format for use by each of the state retirement
systems in submitting the information requested by the Commission
for the report. The report shall contain:
a. combined and individual rates of return of the
investment managers by category of investment, over
periods of time,
b. the data obtained pursuant to subparagraph a of this
paragraph compared with similar data for a larger
population of investment managers by asset class as
well as by style of management, and
c. any other information that the Commission may include;
2. Publish widely an annual report in simple and easily
understood language containing:
Oklahoma Statutes - Title 74. State Government Page 725
a. on an individual and consolidated basis, a report of
the changes in the investment policy statements
adopted by each retirement system in the prior year,
b. an analysis of the performance of the securities
lending program and short-term investment fund of the
custodian employed by each governing body of the
retirement systems specified in paragraph 1 of this
subsection with regard to short-term investment funds,
if any, containing retirement system monies,
c. recommendations on administrative and legislative
changes which are necessary to improve the performance
of the retirement systems in accordance with current
standards for large public fund portfolio management,
d. 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 Commission. The results shall be
determined using the standards prescribed by the
Government Accounting Standards Board or any successor
entity, and
e. a listing by category of the expenses of the
Commission;
3. Make recommendations to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate, based upon the advice of pension consultants, for updating
or standardizing retirement system benefit designs; and
4. Make recommendations to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate regarding the methods for the adequate financing of benefits
authorized or required by law for performance of service upon behalf
of employers participating in any of the retirement systems
administered by the entities identified in paragraph 1 of this
subsection, including, but not limited to, recommendations regarding
the use of dedicated tax or other revenue sources or the
modification of such tax or other revenue sources to provide
additional funding to retirement systems the actuarial condition of
which would benefit from such sources.
B. The Commission shall distribute its reports and
recommendations to the Governor, the President Pro Tempore of the
Senate, the Speaker of the House of Representatives and the chairman
and vice-chairman of the Joint Committee on Fiscal Operations. The
Commission shall make the reports widely available to the members of
the Legislature, members of the retirement systems and the general
public.
C. The Commission shall hire one or more pension fund
management consultants to assist the Commission in accomplishing its
Oklahoma Statutes - Title 74. State Government Page 726
man
and vice-chairman of the Joint Committee on Fiscal Operations. The
Commission shall make the reports widely available to the members of
the Legislature, members of the retirement systems and the general
public.
C. The Commission shall hire one or more pension fund
management consultants to assist the Commission in accomplishing its
Oklahoma Statutes - Title 74. State Government Page 726
objectives specified in subsection A of this section. Consultants
shall be chosen by a solicitation of proposals on a competitive bid
basis pursuant to standards set by the Commission. A consultant:
1. Shall be experienced in providing unbiased third-party
consulting services;
2. Shall have in its client base individual clients that are
comparable in size to the combined total assets of the retirement
systems specified in paragraph 1 of subsection A of this section;
and
3. Shall not be under contract with any of the individual
governing bodies of the various state retirement systems.
D. For purposes of this subsection, pension fund management
consultants hired by the Commission are hereby considered
fiduciaries of the state retirement systems.
1. A fiduciary with respect to the state retirement systems
shall not cause or advise a retirement system to engage in a
transaction if the fiduciary knows or should know that such
transaction constitutes a direct or indirect:
a. sale or exchange, or leasing of any property from a
retirement system to a party in interest for less than
adequate consideration or from a party in interest to
a retirement system for more than adequate
consideration,
b. lending of money or other extension of credit from a
retirement system to a party in interest without the
receipt of adequate security and a reasonable rate of
interest, or from a party in interest to a retirement
system with provision of excessive security or an
unreasonably high rate of interest,
c. furnishing of goods, services or facilities from a
retirement system to a party in interest for less than
adequate consideration, or from a party in interest to
a retirement system for more than adequate
consideration, or
d. transfer to, or use by or for the benefit of, a party
in interest of any assets of a retirement system for
less than adequate consideration.
2. A fiduciary with respect to the state retirement systems
shall not:
a. deal with the assets of a retirement system in the
fiduciary's own interest or for the fiduciary's own
account,
b. in the fiduciary's individual or any other capacity
act in any transaction involving a retirement system
on behalf of a party whose interests are adverse to
the interests of a retirement system or the interests
of its participants or beneficiaries, or
Oklahoma Statutes - Title 74. State Government Page 727
c. receive any consideration for the fiduciary's own
personal account from any party dealing with a
retirement system in connection with a transaction
involving the assets of a retirement system.
Status: in_force · Read it on the official government site
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