Section § 7500

Explanation

This law requires that any city in California with a population of at least 1,000,000 must ensure that their pension and retirement plans do not charge men and women different contribution rates for the same service beginning January 1, 1975. It emphasizes that contributions must be equal regardless of gender. Importantly, it does not mandate raising anyone's contribution rate, and it does not apply to the Public Employees’ Retirement System.

Any city with a population of 1,000,000 or more, and any agency thereof, which has established any pension and retirement plan which requires officers and employees of one sex to pay greater contributions than those of another sex who are the same age shall revise the plan so that the contributions are the same commencing with contributions for service on and after January 1, 1975. This section shall not be construed as requiring or authorizing an increase in the contributions of any members of a pension and retirement plan.
This section shall not be applicable to the Public Employees’ Retirement System.

Section § 7500.5

Explanation

This law applies only to the City of San Diego. It requires San Diego to provide Social Security coverage to city employees who don’t have a defined benefit retirement plan. A defined benefit plan is like a traditional pension. This rule doesn't affect existing defined contribution plans, which are a different type of retirement savings plan, unless those plans are being changed to replace current pension plans that were in place on July 1, 2012.

(a)CA Government Code § 7500.5(a) This section shall only apply to the City of San Diego.
(b)CA Government Code § 7500.5(b) For the purposes of this section, the following definitions shall apply:
(1)CA Government Code § 7500.5(b)(1) “Federal system” means the old age, survivors, disability, and health insurance provisions of the federal Social Security Act (42 U.S.C. Sec. 301 et seq.).
(2)CA Government Code § 7500.5(b)(2) “Local public employer” means the City of San Diego.
(c)CA Government Code § 7500.5(c) A local public employer shall provide coverage under the federal system to all employees who are not covered under a defined benefit plan.
(d)CA Government Code § 7500.5(d) The requirements of this section shall not apply with regard to replacing or changing an employer’s defined contribution plan that was in place on July 1, 2012, unless the defined contribution plan will replace or change the employer’s existing defined benefit plan.

Section § 7501

Explanation

This law is all about making sure public retirement systems in California stay financially healthy. It says that public agencies with retirement plans should get their financial health checked regularly. Parts of this law empower the State Controller to collect data and evaluate the financial status of these systems to keep everything in check.

It is the intent and purpose of the Legislature, in enacting this chapter, to safeguard the solvency of all public retirement systems and funds. The Legislature finds and declares that public agencies maintaining retirement systems can benefit from periodic and independent analysis of their financial condition. It is the purpose of Sections 7502, 7503, and 7504 to enable the State Controller to gather information to compare and evaluate the financial condition of such systems and to make such comparisons and evaluations.

Section § 7502

Explanation

The California Controller is responsible for reviewing the financial health of state and local public retirement systems. This involves looking closely at their annual financial reports and three-year financial projections. The focus is on how well-funded they are and various assumptions like salary growth due to inflation, and rates of retirement and return on investments.

To ensure thorough evaluations, the Controller must set up an advisory committee with qualified actuaries and retirement system administrators.

The Controller shall review the annual financial report of each state and local public retirement system submitted pursuant to Section 7504 giving particular consideration to the adequacy of funding of each system. The Controller shall also review the triennial valuation of each public retirement system submitted pursuant to Section 7504 and shall give particular consideration to the assumption concerning the inflation element in salary and wage increases, mortality, service retirement rates, withdrawal rates, disability retirement rates, and rate of return on total assets.
The Controller shall establish an advisory committee that shall include actuaries who have attained the designation of Associate or Fellow of the Society of Actuaries and state and local public retirement system administrators to assist in carrying out the duties imposed by this section.

Section § 7503

Explanation

This law requires all state and local public retirement systems to create an annual report following standard accounting rules.

All state and local public retirement systems shall prepare an annual report in accordance with generally accepted accounting principles.

Section § 7504

Explanation

This law requires all state and local public retirement systems in California to hire an actuary at least every three years to evaluate their pension plans. The actuary must use appropriate methods and, if their methods differ from those expected by the organization, they need to explain why. Additionally, these systems must have their financial statements audited by a qualified professional such as a certified public accountant or county auditor. They must submit these audited statements to the Controller within six months after the fiscal year ends, although this deadline can be postponed by the Controller in the first year until proper forms are developed. Failure to comply results in a penalty unless there's a valid reason for being late, which can lead to the penalty being waived.

The Controller is also responsible for compiling and publishing an annual report on the financial health of these retirement systems, using collected data, within 12 to 18 months after the relevant fiscal year ends.

(a)CA Government Code § 7504(a) All state and local public retirement systems shall, not less than triennially, secure the services of an actuary. For the purposes of this section, “actuary” means an actuary who satisfies the qualification standards for actuaries issuing statements of actuarial opinion in the United States with regard to pensions or other postemployment benefits and who has demonstrated experience in public retirement systems. The actuary shall perform a valuation of the system utilizing actuarial assumptions and techniques established by the agency that are, in the aggregate, reasonably related to the experience and the actuary’s best estimate of anticipated experience under the system. Any differences between the actuarial assumptions and techniques used by the actuary that differ significantly from those established by the agency shall be disclosed in the actuary’s report and the effect of the differences on the actuary’s statement of costs and obligations shall be shown.
(b)CA Government Code § 7504(b) All state and local public retirement systems shall secure the services of a qualified person to perform an attest audit of the system’s financial statements. A qualified person means any of the following:
(1)CA Government Code § 7504(b)(1) A person who is licensed to practice as a certified public accountant in this state by the California Board of Accountancy.
(2)CA Government Code § 7504(b)(2) A person who is registered and entitled to practice as a public accountant in this state by the California Board of Accountancy.
(3)CA Government Code § 7504(b)(3) A county auditor in any county subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3).
(4)CA Government Code § 7504(b)(4) A county auditor in any county having a pension trust and retirement plan established pursuant to Section 53216.
(c)CA Government Code § 7504(c) All state and local public retirement systems shall submit audited financial statements to the Controller at the earliest practicable opportunity within six months of the close of each fiscal year. However, the Controller may delay the filing date for reports due in the first year until the time as report forms have been developed that, in his or her judgment, will satisfy the requirements of this section. The financial statements shall be prepared in accordance with generally accepted accounting principles in the form and manner prescribed by the Controller. The penalty prescribed in Section 53895 shall be invoked for failure to comply with this section. Upon a satisfactory showing of good cause, the Controller may waive the penalty for late filing provided by this subdivision.
(d)CA Government Code § 7504(d) The Controller shall compile and publish a report annually on the financial condition of all state and local public retirement systems containing, but not limited to, the data required in Section 7502. The report shall be published within 12 months of the receipt of the information, and in no case later than 18 months after the end of the fiscal year upon which the information in the report is based.

Section § 7505

Explanation

Every public retirement system in the state must allow benefit recipients to have their payments directly deposited into their bank, savings and loan, or credit union accounts. Once the payment is made to the designated account, the public agency has fulfilled its payment obligations.

Every state and local public retirement system shall permit any person entitled to the receipt of benefits to designate that payment of such benefits shall be transmitted to a bank, savings and loan association, or credit union for deposit in the person’s account, and the transmittal of such payment pursuant to this section shall discharge the public agency’s obligations in respect to such payment.

Section § 7506

Explanation

This law allows anyone receiving benefits from a California state retirement system to have those benefits directly deposited into a bank account of their choice. By choosing direct deposit, the state's responsibility to make that payment is considered fulfilled.

Notwithstanding any other provision of law, any person entitled to the receipt of benefits from any state retirement system may authorize the payment of the benefits to be directly deposited by electronic fund transfer into the person’s account at the financial institution of his or her choice under a program for direct deposit by electronic transfer established by the Controller pursuant to Section 7506.5. The direct deposit shall discharge the state agency’s obligation in respect to that payment.

Section § 7506.5

Explanation

This law allows the California Controller to set up agreements with banks and financial institutions to offer direct deposit services for people receiving benefits from state retirement systems. Those eligible can choose to have their benefits directly deposited into their preferred bank account using electronic fund transfer, after any required withholdings and deductions are made.

The Controller shall make an agreement with one or more financial institutions participating in the Automated Clearing House pursuant to the local rules, and shall establish a program, for the direct deposit by electronic fund transfer of the benefits, after any withholding required by law and authorized deductions, of any person entitled to the receipt of benefits from any state retirement system who authorizes the direct deposit thereof by electronic fund transfer into the person’s account at the financial institution of his or her choice.

Section § 7507

Explanation

This law requires that when the California Legislature or local government bodies, like community college boards, consider changing retirement or postemployment benefits, they must get an actuary to analyze and report the financial impact of these changes. The results must be made public in advance of any decision, particularly if the changes affect costs by more than 0.5% of what's currently spent on benefits.

Some exceptions exist, such as small insurance premium increases (up to 3%) or changes required by higher government authorities. These public discussions can't be tucked into a 'consent calendar' for automatic approval, instead needing a full public airing. School districts and county education offices follow different rules for these kinds of changes.

(a)CA Government Code § 7507(a) For the purpose of this section:
(1)CA Government Code § 7507(a)(1) “Actuary” means an actuary as defined in Section 7504.
(2)CA Government Code § 7507(a)(2) “Future annual costs” includes, but is not limited to, annual dollar changes, or the total dollar changes involved when available, as well as normal cost and any change in accrued liability.
(b)Copy CA Government Code § 7507(b)
(1)Copy CA Government Code § 7507(b)(1) Except as provided in paragraph (2), the Legislature and local legislative bodies, including community college district governing boards, when considering changes in retirement benefits or other postemployment benefits, shall secure the services of an actuary to provide a statement of the actuarial impact upon future annual costs, including normal cost and any additional accrued liability, before authorizing changes in public retirement plan benefits or other postemployment benefits.
(2)CA Government Code § 7507(b)(2) The requirements of this subdivision do not apply to:
(A)CA Government Code § 7507(b)(2)(A)  An annual increase in a premium that does not exceed 3 percent under a contract of insurance.
(B)CA Government Code § 7507(b)(2)(B) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance.
(c)Copy CA Government Code § 7507(c)
(1)Copy CA Government Code § 7507(c)(1) (A) With regard to local legislative bodies, including community college district governing boards, the future costs of changes in retirement benefits or other postemployment benefits, as determined by the actuary, shall be made public at a public meeting at least two weeks prior to the adoption of any changes in public retirement plan benefits or other postemployment benefits. If the future costs of the changes exceed one-half of 1 percent of the future annual costs, as defined in paragraph (2) of subdivision (a), of the existing benefits for the legislative body, an actuary shall be present to provide information as needed at the public meeting at which the adoption of a benefit change shall be considered. The adoption of any benefit to which this section applies shall not be placed on a consent calendar.
(B)CA Government Code § 7507(c)(1)(B) The requirements of this paragraph do not apply to:
(i)CA Government Code § 7507(c)(1)(B)(i) An annual increase in a premium that does not exceed 3 percent under a contract of insurance.
(ii)CA Government Code § 7507(c)(1)(B)(ii) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance.
(2)CA Government Code § 7507(c)(2) With regard to the Legislature, the future costs as determined by the actuary shall be made public at the policy and fiscal committee hearings to consider the adoption of any changes in public retirement plan benefits or other postemployment benefits. The adoption of any benefit to which this section applies shall not be placed on a consent calendar.
(d)CA Government Code § 7507(d) Upon the adoption of any benefit change to which this section applies, the person with the responsibilities of a chief executive officer in an entity providing the benefit, however that person is denominated, shall acknowledge in writing that he or she understands the current and future cost of the benefit as determined by the actuary. For the adoption of benefit changes by the state, this person shall be the Director of Human Resources.
(e)CA Government Code § 7507(e) The requirements of this section do not apply to a school district or a county office of education, which shall instead comply with requirements regarding public notice of, and future cost determination for, benefit changes that have been enacted to regulate these entities. These requirements include, but are not limited to, those enacted by Chapter 1213 of the Statutes of 1991 and by Chapter 52 of the Statutes of 2004.

Section § 7507.2

Explanation

The California Actuarial Advisory Panel is a group established to provide unbiased and independent advice on pensions and other retirement benefits to public agencies in California. It meets quarterly and focuses on defining best practices and standards related to public retirement plans. The panel consists of eight experienced actuaries appointed by various state entities, serving three-year terms, with the initial term exceptions for some members. The panel is based in the Controller's office, which provides staff support.

Its tasks include setting standards for actuarial practices, pricing, quality control, and answering policy questions for public retirement systems. While providing valuable advice, the panel's opinions are advisory only and cannot be used for legal actions. Members are reimbursed for expenses by their appointing authority, and the panel reports annually to the Legislature.

(a)CA Government Code § 7507.2(a) There is hereby enacted the California Actuarial Advisory Panel. The panel shall provide impartial and independent information on pensions, other postemployment benefits, and best practices to public agencies and shall meet quarterly.
(b)CA Government Code § 7507.2(b) The responsibilities of the California Actuarial Advisory Panel shall include, but are not limited to:
(1)CA Government Code § 7507.2(b)(1) Defining the range of actuarial model policies and best practices for public retirement plan benefits, including pensions and other postemployment benefits.
(2)CA Government Code § 7507.2(b)(2) Developing pricing and disclosure standards for California public sector benefit improvements.
(3)CA Government Code § 7507.2(b)(3) Developing quality control standards for California public sector actuaries.
(4)CA Government Code § 7507.2(b)(4) Gathering model funding policies and practices.
(5)CA Government Code § 7507.2(b)(5) Replying to policy questions from public retirement systems in California.
(6)CA Government Code § 7507.2(b)(6) Providing comment upon request by public agencies.
(c)CA Government Code § 7507.2(c) The California Actuarial Advisory Panel shall consist of eight members. Each member shall be an actuary who has attained the designation of Associate or Fellow of the Society of Actuaries and who has demonstrated experience with public sector clients. Members shall be appointed by the entities listed below, and each member shall serve a three-year term, provided that, in the initial appointments only, the panelists named by the University of California, the Senate, and one of the panelists named by the Governor shall serve two-year terms. The Governor shall appoint two panelists, and one panelist shall be appointed by each of the following:
(1)CA Government Code § 7507.2(c)(1) The Teachers’ Retirement Board.
(2)CA Government Code § 7507.2(c)(2) The Board of Administration of the Public Employees’ Retirement System.
(3)CA Government Code § 7507.2(c)(3) The State Association of County Retirement Systems.
(4)CA Government Code § 7507.2(c)(4) The Board of Regents of the University of California.
(5)CA Government Code § 7507.2(c)(5) The Speaker of the Assembly.
(6)CA Government Code § 7507.2(c)(6) The Senate Committee on Rules.
(d)CA Government Code § 7507.2(d) The California Actuarial Advisory Panel shall be located in the Controller’s office, which shall provide support staff to the panel.
(e)CA Government Code § 7507.2(e) The opinions of the California Actuarial Advisory Panel are nonbinding and advisory only. The opinions of the panel shall not, in any case, be used as the basis for litigation.
(f)CA Government Code § 7507.2(f) A member of the California Actuarial Advisory Panel shall receive reimbursement for expenses that shall be paid by the authority that appointed the member.
(g)CA Government Code § 7507.2(g) The California Actuarial Advisory Panel shall report to the Legislature on or before February 1 of each year.

Section § 7507.5

Explanation

This law requires the University of California Regents to inform the California Legislature about any planned changes to the university's retirement benefits, contribution rates by employers or employees, or assumptions used to calculate benefits. They must provide this notice 60 days before the changes take effect. The notice should include a detailed explanation of each change and how it impacts future costs.

It is the intent of the Legislature that the Regents of the University of California provide written notice to the Legislature of any proposed changes to retirement plan benefits, employer or employee contribution rates, or actuarial assumptions affecting the University of California Retirement System, at least 60 days prior to the effective date thereof. The written notice shall be provided to the Joint Legislative Budget Committee and the fiscal subcommittees and shall consist of:
(a)CA Government Code § 7507.5(a) A description and explanation of each specific proposed change to the benefit structure, contribution rates, or actuarial assumptions.
(b)CA Government Code § 7507.5(b) The actuarial impact upon future annual costs of each proposed change.

Section § 7508

Explanation

If you're a retired member of certain state retirement systems in California, you are allowed to serve on a public board or commission and get paid for attending meetings, plus receive travel expenses. This won't affect your retirement benefits, as long as you don't attend more than 50 meetings a year. However, this rule doesn't apply if the board or commission position has an annual salary set by another specific law.

A retired member of a state retirement system, other than the University of California Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, and the State Teachers’ Retirement System, may, notwithstanding Section 9359.12, serve on a public board or commission and be entitled to receive for that service, per diem compensation for every day or portion thereof of actual attendance at meetings of the board or commission or any committee thereof, and necessary traveling expenses incurred in connection with the performance of his or her official duties, without loss or interruption of benefits provided by the system, so long as the service does not exceed a total of 50 meeting days.
This section shall not apply to service as a member of a board or commission the annual salary for which is prescribed by Chapter 6 (commencing with Section 11550) of Division 3 of Title 2.

Section § 7508.5

Explanation

This law section states that if someone has served on the board or as an executive, like an administrator or lawyer, of a public pension or retirement system in California, they cannot, for two years after leaving their position, represent or work for others in ways that influence actions or decisions of that retirement system. They can only work for the same public entity that runs the pension system. This restriction includes any formal or informal interactions intended to sway administrative or legislative decisions, or dealings with permits, licenses, or contracts related to the pension system.

Except as otherwise provided in Section 20098 or 31528 of this code, or Section 22212.5 of the Education Code, an individual who was a member of the retirement board of a public pension or retirement system, as defined in subdivision (h) of Section 17 of Article XVI of the California Constitution, or an administrator, executive officer, investment officer, or general counsel of that board, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person except the public entity maintaining that pension or retirement system, by making any formal or informal appearance before, or any oral or written communication to, the pension or retirement system, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property.

Section § 7509

Explanation

This law says that the usual limits on interest rates set by the California Constitution do not apply to loans or delays in repayment by state or local public retirement systems. This includes systems like the State Teachers’ Retirement or Public Employees’ Retirement. These retirement systems are considered an exempt group when it comes to interest rate restrictions. A "local agency" can cover a variety of government entities like cities, counties, school districts, or other public bodies within the state.

(a)CA Government Code § 7509(a) The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any loans made by, or forbearances of, any state or local public retirement system, including, but not limited to, any public retirement system authorized and regulated by the State Teachers’ Retirement Law, the Public Employees’ Retirement Law, the County Employees Retirement Law of 1937, any public retirement system administered by the Teachers Retirement Board or Board of Administration of the Public Employees’ Retirement System, or any public retirement system acting pursuant to the laws of this state or the laws of any local agency.
(b)CA Government Code § 7509(b) For the purposes of this section, “local agency” means county, city, city and county, district, school district, or any public or municipal corporation, political subdivision, or other public agency of the state, or any instrumentality of one or more of these agencies.
(c)CA Government Code § 7509(c) This section creates and authorizes any state or local retirement system as an exempt class of persons pursuant to Section 1 of Article XV of the California Constitution.

Section § 7510

Explanation

This law details how public retirement systems in California handle property investments. If a public retirement system invests in real estate for income in a city or county, it must pay an annual fee for governmental services, based on a difference in potential property taxes if the property was normally taxed. However, this doesn’t apply to local government retirement systems that can already invest in property or state public retirement systems.

When state public retirement systems lease this property, the lessee might owe property taxes based on their interest, and the lease must state this clearly. These properties are taxed like privately owned property, but the lessee’s tax is managed as unsecured property tax. If the retirement system invests through another business, it's not considered a direct property investment for tax purposes. Fees charged before July 1992 are valid, but claims after aren't collectible. This law applies to taxes from July 1992 onward, with specific rules for prorating taxes if tenancy doesn’t last a full year.

(a)Copy CA Government Code § 7510(a)
(1)Copy CA Government Code § 7510(a)(1) Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)CA Government Code § 7510(a)(2) This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)CA Government Code § 7510(a)(3) This subdivision shall not apply to property owned by any state public retirement system.
(b)Copy CA Government Code § 7510(b)
(1)Copy CA Government Code § 7510(b)(1) Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessee’s possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with Section 21 of Title 18 of the California Code of Regulations, as that section was in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)CA Government Code § 7510(b)(2) Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessee’s possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)CA Government Code § 7510(b)(3) An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, “legal entity” includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)CA Government Code § 7510(b)(4) Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)CA Government Code § 7510(b)(5) This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 1992–93 and 1993–94 fiscal years, in the case where a lessee’s possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessee’s interest existed.

Section § 7510.5

Explanation

This law requires the boards managing California's public employee and teacher retirement funds to analyze and report on financial risks posed by climate change to their investment portfolios. Specifically, they must assess factors like severe weather, rising sea levels, and policies addressing climate change, and determine their impact on long-term financial security. Reports, updated every three years, should cover how well investments align with the Paris climate agreement and California's climate goals. They also must detail engagement with major carbon-emitting companies and actions taken to mitigate risks. The actions should align with fiduciary duties, and the requirement is effective until January 31, 2035.

(a)CA Government Code § 7510.5(a) For purposes of this section, the following definitions apply:
(1)CA Government Code § 7510.5(a)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board.
(2)CA Government Code § 7510.5(a)(2) “Climate-related financial risk” means risk that may include material financial risk posed to the fund by the effects of the changing climate, such as intense storms, rising sea levels, higher global temperatures, economic damages from carbon emissions, and other financial and transition risks due to public policies to address climate change, shifting consumer attitudes, changing economics of traditional carbon-intense industries.
(3)CA Government Code § 7510.5(a)(3) “Fund” means the Public Employees’ Retirement Fund described in Section 20062 or the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(b)CA Government Code § 7510.5(b) To the extent the board identifies climate-related financial risk as a material risk to the fund, that risk shall be analyzed.
(c)CA Government Code § 7510.5(c) By January 1, 2020, and every three years thereafter, the board shall publicly report on its analysis of the climate-related financial risk of its public market portfolio, including the alignment of the fund with the Paris climate agreement and California climate policy goals and the exposure of the fund to long-term risks.
(d)CA Government Code § 7510.5(d) The board shall include in the reports pursuant to subdivision (c) the methods and results of the board’s engagement related to climate-related financial risk with publicly traded companies that are the most carbon intense, such as utilities, oil, and gas producers, within the fund. This component of the reports shall include both of the following:
(1)CA Government Code § 7510.5(d)(1) A summary of climate-related financial risk-related engagement activities undertaken.
(2)CA Government Code § 7510.5(d)(2) A description of additional action taken, or planned to be taken, by the board to address climate-related financial risk, including a list of proxy votes and shareholder proposals initiated by the board.
(e)CA Government Code § 7510.5(e) Nothing in this section shall require the board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(f)CA Government Code § 7510.5(f)  This section shall remain in effect only until January 31, 2035, and as of that date is repealed.

Section § 7511

Explanation

This law allows public retirement systems, fiduciaries, employers, and employee organizations to buy insurance that covers liabilities or losses due to fiduciary actions or omissions. However, if a fiduciary breaches their obligations, the insurance must allow the insurer to take action against them. Fiduciaries can also buy insurance for themselves, and employers or employee organizations can insure those handling employee benefit plans.

Notwithstanding any other provision to the contrary:
(a)CA Government Code § 7511(a) A public retirement system may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by the fiduciary.
(b)CA Government Code § 7511(b) A fiduciary may purchase insurance to cover liability under this section from and for his or her own account.
(c)CA Government Code § 7511(c) An employer or an employee organization may purchase insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.

Section § 7512

Explanation

This law requires state and local public pension or retirement systems to provide an annual report on their investments and earnings to any member who requests it, starting 90 days after their annual audit is completed. Members may have to pay a fee for the report. The report should be presented in a cost-effective format. Local systems can charge a fee to cover the costs of preparing and sending the report.

Each state and local public pension or retirement system shall, on and after the 90th day following the completion of the annual audit of the system, mail or otherwise provide to any member who makes a request therefor and pays, if required, a fee, a concise annual report on the investments and earnings of the system and other related matters. The report shall be published in a low-cost format.
Each local public pension or retirement system may impose a fee for each copy of the report in an amount sufficient to pay all costs incurred in the preparation and dissemination of the report.

Section § 7513

Explanation

This law ensures that if a person is part of a state or local retirement plan that follows federal tax rules (Section 401(a)(31) of the Internal Revenue Code), they have the right to move their retirement money directly from one plan to another qualified retirement plan, like a 401(k) or an IRA. This is called a "direct rollover," and it's a way to transfer retirement savings without the need to cash out and potentially face taxes.

The law's intent is to make sure these retirement systems comply with federal rules that require offering this option for some retirement distributions.

(a)CA Government Code § 7513(a) In the case of a state or local retirement system or plan that is subject to Section 401(a)(31) of the Internal Revenue Code, if, under the terms of the system or plan, a person becomes entitled to a distribution that constitutes an “eligible rollover distribution” within the meaning of Section 401(a)(31)(C) of the Internal Revenue Code, the person may elect, under terms and conditions to be established by the administrator of the system or plan, to have the distribution or a portion thereof paid directly to a plan that constitutes an “eligible retirement plan” within the meaning of Section 401(a)(31)(D) of the Internal Revenue Code, as specified by the person. Upon the exercise of the election by a person with respect to a distribution or portion thereof, the distribution by the system or plan of the amount so designated, once distributable under the terms of the system or plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified.
(b)CA Government Code § 7513(b) The purpose and intent of this section is to enable the state and local retirement systems and plans that are subject to Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, to comply with the requirements of that section regarding the provision of an election for direct rollover of certain plan distributions.

Section § 7513.5

Explanation

This California law requires the Teachers' Retirement Board and Public Employees' Retirement System Board to check if U.S. and international companies in Northern Ireland, where they invest, follow nondiscrimination and fair workplace practices. They must report yearly to the Legislature by March 1st.

The boards compile a list of such companies and evaluate if they work towards goals like increasing diverse workforce representation, providing adequate security, banning provocative symbols at work, advertising job openings publicly, and implementing fair employment procedures. They should also ensure proper training programs and affirmative action efforts are in place.

Whenever possible, they should support initiatives encouraging companies to follow affirmative action policies in Northern Ireland, balancing this with their financial responsibilities.

(a)CA Government Code § 7513.5(a) On or before the first day of March of each year, the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall investigate and report to the Legislature on the extent to which United States and international corporations operating in Northern Ireland, in which the assets of the State Teachers’ Retirement System and the Public Employees’ Retirement System are invested, adhere, in compliance with the law applicable in Northern Ireland, to the principles of nondiscrimination in employment and freedom of workplace opportunity.
(b)CA Government Code § 7513.5(b) The Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall compile a list of domestic and international corporations that, directly or through a subsidiary, do business in Northern Ireland, and in whose stocks or obligations it has invested, and determine whether each corporation on the list has, during the preceding year, taken substantial action, in compliance with the law applicable in Northern Ireland, designed to lead toward the achievement of the following goals:
(1)CA Government Code § 7513.5(b)(1) Increased representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical, and technical jobs.
(2)CA Government Code § 7513.5(b)(2) Adequate security for the protection of minority employees both at the workplace and while traveling to and from work.
(3)CA Government Code § 7513.5(b)(3) Banning of provocative religious or political emblems from the workplace.
(4)CA Government Code § 7513.5(b)(4) Public advertisement of all job openings and the use of special recruitment efforts to attract applicants from underrepresented religious groups.
(5)CA Government Code § 7513.5(b)(5) Establishment of layoff, recall, and termination procedures which do not, in practice, favor particular religious groupings.
(6)CA Government Code § 7513.5(b)(6) Abolition of job reservations, apprenticeship restrictions, and differential employment criteria, which discriminate on the basis of religion or ethnic origin.
(7)CA Government Code § 7513.5(b)(7) The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees.
(8)CA Government Code § 7513.5(b)(8) The establishment of procedures to assess, identify, and actively recruit minority employees with potential for further advancement.
(9)CA Government Code § 7513.5(b)(9) The appointment of senior management staff members to oversee affirmative action efforts and the setting up of timetables to carry out affirmative action principles.
(c)CA Government Code § 7513.5(c) Whenever feasible and consistent with their fiduciary responsibility, the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall support shareholder resolutions designed to encourage domestic and international corporations in which the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, has invested to pursue, in compliance with the law applicable in Northern Ireland, a policy of affirmative action in Northern Ireland in accordance with the goals listed in subdivision (b).

Section § 7513.6

Explanation

This law requires that California's public employee retirement funds avoid investing in companies with business operations in Sudan, especially those involved in oil-related activities or complicit in the Darfur genocide, unless the companies take significant action against the Sudanese government. It prohibits investment in companies supplying military equipment in Sudan, with exceptions for humanitarian activities. The law mandates hiring research firms to identify relevant companies and encompasses detailed procedures for monitoring, notifying, and disengaging from such investments. Annual reports to the Legislature are required to disclose investment details. Exemptions apply to companies alleviating human suffering or engaged in U.S.-sanctioned activities in Sudan. The law remains effective until Sudan halts the Darfur genocide or the U.S. lifts sanctions.

(a)CA Government Code § 7513.6(a) As used in this section, the following definitions shall apply:
(1)CA Government Code § 7513.6(a)(1) “Active business operations” means a company engaged in business operations that provide revenue to the government of Sudan or a company engaged in oil-related activities.
(2)CA Government Code § 7513.6(a)(2) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(3)CA Government Code § 7513.6(a)(3) “Business operations” means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in Sudan, including the ownership or possession of real or personal property located in Sudan.
(4)CA Government Code § 7513.6(a)(4) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profitmaking purposes or to otherwise secure economic advantage. “Company” also means a company owned or controlled, either directly or indirectly, by the government of Sudan, that is established or organized under the laws of or has its principal place of business in the Republic of the Sudan.
(5)CA Government Code § 7513.6(a)(5) “Government of Sudan” means the government of Sudan or its instrumentalities.
(6)CA Government Code § 7513.6(a)(6) “Invest” or “investment” means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of Sudan, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company.
(7)CA Government Code § 7513.6(a)(7) “Military equipment” means weapons, arms, or military defense supplies.
(8)CA Government Code § 7513.6(a)(8) “Oil-related activities” means, but is not limited to, the export of oil, extracting or producing oil, exploration for oil, or the construction or maintenance of a pipeline, refinery, or other oil field infrastructure.
(9)CA Government Code § 7513.6(a)(9) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(10)CA Government Code § 7513.6(a)(10) “Research firm” means a reputable, neutral third-party research firm.
(11)CA Government Code § 7513.6(a)(11) “Substantial action” means a boycott of the government of Sudan, curtailing business in Sudan until that time described in subdivision (m), selling company assets, equipment, or real and personal property located in Sudan, or undertaking significant humanitarian efforts in the eastern, southern, or western regions of Sudan.
(12)CA Government Code § 7513.6(a)(12) “Sudan” means the Republic of the Sudan, a territory under the administration or control of the Sudan, including but not limited to, the Darfur region, or an individual, company, or public agency located in Khartoum, northern Sudan, or the Nile River Valley that supports the Republic of the Sudan.
(b)CA Government Code § 7513.6(b) The board shall not invest public employee retirement funds in a company with business operations in Sudan that meets all of the following criteria:
(1)CA Government Code § 7513.6(b)(1) The company is engaged in active business operations in Sudan. If that company is not engaged in oil-related activities, that company also lacks significant business operations in the eastern, southern, and western regions of Sudan.
(2)CA Government Code § 7513.6(b)(2) Either of the following apply:
(A)CA Government Code § 7513.6(b)(2)(A) The company is engaged in oil-related activities or energy or power-related operations, or contracts with another company with business operations in the oil, energy, and power sectors of Sudan, and the company failed to take substantial action related to the government of Sudan because of the Darfur genocide.
(B)CA Government Code § 7513.6(b)(2)(B) The company has demonstrated complicity in the Darfur genocide.
(c)CA Government Code § 7513.6(c) Notwithstanding subdivision (b), the board shall not invest public employee retirement funds in a company that supplies military equipment within the borders of Sudan. If a company provides equipment within the borders of Sudan that may be readily used for military purposes, including, but not limited to, radar systems and military-grade transport vehicles, there shall also be a strong presumption against investing in that company unless that company implements safeguards to prevent the use of that equipment for military purposes.
(d)Copy CA Government Code § 7513.6(d)
(1)Copy CA Government Code § 7513.6(d)(1) The board shall, without regard to the provisions regarding competitive bidding, contract with a research firm or firms to determine those companies that have business operations in Sudan. Those research firms shall, in the aggregate, obtain data on a majority of companies with business operations in Sudan. On or before March 30, 2007, those research firms shall report any findings to the board and those research firms shall submit further findings to the board if there is a change of circumstances in Sudan.
(2)CA Government Code § 7513.6(d)(2) In addition to the reports described in paragraph (1), the board shall take all of the following actions no later than March 30, 2007:
(A)CA Government Code § 7513.6(d)(2)(A) Review publicly available information regarding companies with business operations in Sudan.
(B)CA Government Code § 7513.6(d)(2)(B) Contact other institutional investors that invest in companies with business operations in Sudan.
(C)CA Government Code § 7513.6(d)(2)(C) Send written notice to a company with business operations in Sudan that the company may be subject to this section.
(e)Copy CA Government Code § 7513.6(e)
(1)Copy CA Government Code § 7513.6(e)(1) The board shall determine, by the next applicable board meeting and based on the information and reports described in subdivision (d), if a company meets the criteria described in subdivision (b) or (c). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b) or (c), that planned or existing investment shall be subject to subdivisions (g) and (h).
(2)CA Government Code § 7513.6(e)(2) Investments of the board in a company that does not meet the criteria described in subdivision (b) or (c) or does not have active business operations in Sudan are not subject to subdivision (h), provided that the company does not subsequently meet the criteria described in subdivision (b) or (c) or engage in active business operations. The board shall identify the reasons why that company does not satisfy the criteria described in subdivision (b) or (c) or does not engage in active business operations in the report to the Legislature described in subdivision (i).
(f)Copy CA Government Code § 7513.6(f)
(1)Copy CA Government Code § 7513.6(f)(1) Notwithstanding subdivision (e), if the board’s investment in a company described in subdivision (b) or (c) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that company from the fund as described in subdivision (h). On or before June 30, 2007, if the fund or account manager creates a fund or account devoid of companies described in subdivision (b) or (c), the transfer of board investments from the prior fund or account to the fund or account devoid of companies with business operations in Sudan shall be deemed to satisfy subdivision (h).
(2)CA Government Code § 7513.6(f)(2) If the board’s investment in a company described in subdivision (b) or (c) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes companies described in subdivision (b) or (c), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i).
(3)CA Government Code § 7513.6(f)(3) The board shall make a good faith effort to identify any private equity investments that involve companies described in subdivision (b) or (c) or are linked to the government of Sudan. If the board determines that a private equity investment clearly involves a company described in subdivision (b) or (c) or is linked to the government of Sudan, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b) or (c) or is linked to the government of Sudan and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i).
(g)CA Government Code § 7513.6(g) Except as described in subdivision (f) or paragraph (2) of subdivision (e), the board, in the board’s capacity of shareholder or investor, shall notify any company described in paragraph (1) of subdivision (e) that the company is subject to subdivision (h) and permit that company to respond to the information and reports described in subdivision (d). The board shall request that the company take substantial action no later than 90 days from the date the board notified the company under this subdivision. If the board determines that a company has taken substantial action or has made sufficient progress towards substantial action before the expiration of that 90-day period, that company shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the company until that company has taken substantial action in Sudan. A company that fails to complete substantial action or continue to make sufficient progress towards substantial action by the next time interval shall be subject to subdivision (h).
(h)CA Government Code § 7513.6(h) If a company described in paragraph (1) of subdivision (e) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions:
(1)CA Government Code § 7513.6(h)(1) The board shall not make additional or new investments or renew existing investments in that company.
(2)CA Government Code § 7513.6(h)(2) The board shall liquidate the investments of the board in that company no later than 18 months after this subdivision applies to that company. The board shall liquidate those investments in a manner to address the need for companies to take substantial action in Sudan and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution.
(i)CA Government Code § 7513.6(i) On or before January 1, 2008, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following:
(1)CA Government Code § 7513.6(i)(1) A list of investments the board has in companies with business operations in Sudan, including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness.
(2)CA Government Code § 7513.6(i)(2) A detailed summary of the business operations a company described in paragraph (1) has in Sudan and whether that company satisfies all of the criteria in subdivision (b) or (c).
(3)CA Government Code § 7513.6(i)(3) Whether the board has reduced its investments in a company that satisfies the criteria in subdivision (b) or (c).
(4)CA Government Code § 7513.6(i)(4) If the board has not completely reduced its investments in a company that satisfies the criteria in subdivision (b) or (c), when the board anticipates that the board will reduce all investments in that company or the reasons why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(5)CA Government Code § 7513.6(i)(5) Any information described in subdivision (e).
(6)CA Government Code § 7513.6(i)(6) A detailed summary of investments that were transferred to funds or accounts devoid of companies with business operations in Sudan as described in subdivision (f).
(j)CA Government Code § 7513.6(j) If the board voluntarily sells or transfers all of its investments in a company with business operations in Sudan, this section shall not apply except that the board shall file a report with the Legislature related to that company as described in subdivision (i).
(k)CA Government Code § 7513.6(k) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(l)CA Government Code § 7513.6(l) Subdivision (h) shall not apply to any of the following:
(1)CA Government Code § 7513.6(l)(1) Investments in a company that is primarily engaged in supplying goods or services intended to relieve human suffering in Sudan.
(2)CA Government Code § 7513.6(l)(2) Investments in a company that promotes health, education, journalistic, or religious activities in or welfare in the western, eastern, or southern regions of Sudan.
(3)CA Government Code § 7513.6(l)(3) Investments in a United States company that is authorized by the federal government to have business operations in Sudan.
(m)CA Government Code § 7513.6(m) This section shall remain in effect only until one of the following occurs, and as of the date of that action, is repealed:
(1)CA Government Code § 7513.6(m)(1) The government of Sudan halts the genocide in Darfur for 12 months as determined by both the Department of State and the Congress of the United States.
(2)CA Government Code § 7513.6(m)(2) The United States revokes its current sanctions against Sudan.

Section § 7513.7

Explanation

This law, called the California Public Divest from Iran Act, mandates that the boards overseeing public employee retirement funds in California must not invest in companies with business operations in Iran, particularly those involved in Iran's energy or defense sectors or linked to terrorism. It requires annual reviews of investment portfolios, and if a company is found to meet these criteria and does not take corrective action, the boards must divest from them within 18 months. The boards must report annually to the Legislature detailing their investments in such companies and outline any investment changes made in response to these criteria. The board is not required to divest if it determines that doing so would compromise its fiduciary responsibilities. This act will no longer operate if specific certifications by the U.S. President are made under federal law.

(a)CA Government Code § 7513.7(a) As used in this section, the following definitions shall apply:
(1)CA Government Code § 7513.7(a)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2)CA Government Code § 7513.7(a)(2) “Business operations” means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in Iran, including the ownership or possession of real or personal property located in Iran.
(3)CA Government Code § 7513.7(a)(3) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profitmaking purposes or to otherwise secure economic advantage. “Company” also means a company owned or controlled, either directly or indirectly, by the government of Iran, that is established or organized under the laws of or has its principal place of business in Iran.
(4)CA Government Code § 7513.7(a)(4) “Energy sector of Iran” means activities to develop petroleum or natural gas resources or nuclear power in Iran.
(5)CA Government Code § 7513.7(a)(5) “Invest” or “investment” means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of Iran, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company.
(6)CA Government Code § 7513.7(a)(6) “Iran” means the government of Iran and any agency or instrumentality of Iran.
(7)CA Government Code § 7513.7(a)(7) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(8)CA Government Code § 7513.7(a)(8) “Substantial action” means a boycott of the government of Iran, curtailing business in Iran until that time described in subdivision (m), or selling company assets, equipment, or real and personal property located in Iran.
(b)CA Government Code § 7513.7(b) The board shall not invest public employee retirement funds in a company which has business operations in Iran as identified by the board through, as the board deems appropriate, publicly available information including, but not limited to, information provided by nonprofit and other organizations and government entities, that meets either of the following criteria:
(1)CA Government Code § 7513.7(b)(1) The company (A) is invested in or engaged in business operations with entities in the defense or nuclear sectors of Iran or (B) has an investment of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including in a company that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, and that company is subject to sanctions under Public Law 104-172, as renewed and amended in 2001 and 2006.
(2)CA Government Code § 7513.7(b)(2) The company has demonstrated complicity with an Iranian organization that has been labeled as a terrorist organization by the United States government.
(c)CA Government Code § 7513.7(c) Annually, on or before June 30, the board shall review its investment portfolio and determine which companies are subject to divestment.
(d)CA Government Code § 7513.7(d) After the determination described in subdivision (c), the board shall determine, by the next applicable board meeting, if a company meets the criteria described in subdivision (b). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b), that planned or existing investment shall be subject to subdivisions (g) and (h).
(e)CA Government Code § 7513.7(e) Investments of the board in a company that does not meet the criteria described in subdivision (b) are not subject to subdivision (h) if the company does not subsequently meet the criteria described in subdivision (b). The board shall identify the reasons why that company does not satisfy the criteria described in subdivision (b) in the report to the Legislature described in subdivision (i).
(f)Copy CA Government Code § 7513.7(f)
(1)Copy CA Government Code § 7513.7(f)(1) Notwithstanding subdivisions (d) and (e), if the board’s investment in a company described in subdivision (b) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that company from the fund as described in subdivision (h). On or before June 30, if the fund or account manager creates a fund or account devoid of companies described in subdivision (b), the transfer of board investments from the prior fund or account to the fund or account devoid of companies with business operations in Iran shall be deemed to satisfy subdivision (h).
(2)CA Government Code § 7513.7(f)(2) If the board’s investment in a company described in subdivision (b) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes companies described in subdivision (b), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i).
(3)CA Government Code § 7513.7(f)(3) The board shall make a good faith effort to identify any private equity investments that involve companies described in subdivision (b), or are linked to the government of Iran. If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Iran, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Iran and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i).
(g)CA Government Code § 7513.7(g) Except as described in subdivisions (e) and (f), the board, in the board’s capacity of shareholder or investor, shall notify any company described in subdivision (d) that the company is subject to subdivision (h) and permit that company to respond to the board. The board shall request that the company take substantial action no later than 90 days from the date the board notified the company under this subdivision. If the board determines based on credible information available to the public that a company has taken substantial action or has made sufficient progress toward substantial action before the expiration of that 90-day period, that company shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the company until that company has taken substantial action in Iran. Any determination made at each 90-day interval that a company has taken substantial action shall be supported by findings adopted by a rollcall vote of the board following a presentation and discussion of the findings in open session, during a properly noticed public hearing of the full board. All proposed findings of the board shall be made public 72 hours before they are considered by the board, and the board shall maintain a list of interested parties who shall be notified of proposed findings 72 hours before the board’s consideration. The findings and any public comments regarding the adopted findings and determinations made pursuant to this subdivision shall be included in the report to the Legislature required by subdivision (i). A company that fails to complete substantial action within one year from the date of the initial notice by the board shall be subject to subdivision (h).
(h)CA Government Code § 7513.7(h) If a company described in subdivision (d) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions:
(1)CA Government Code § 7513.7(h)(1) The board shall not make additional or new investments or renew existing investments in that company.
(2)CA Government Code § 7513.7(h)(2) The board shall liquidate the investments of the board in that company no later than 18 months after this subdivision applies to that company. The board shall liquidate those investments in a manner to address the need for companies to take substantial action in Iran and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution.
(i)CA Government Code § 7513.7(i) On or before January 1, 2009, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following:
(1)CA Government Code § 7513.7(i)(1) A list of investments the board has in companies with business operations that satisfy the criteria in subdivision (b), including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness.
(2)CA Government Code § 7513.7(i)(2) A detailed summary of the business operations a company described in paragraph (1) has in Iran.
(3)CA Government Code § 7513.7(i)(3) Whether the board has reduced its investments in a company that satisfies the criteria in subdivision (b).
(4)CA Government Code § 7513.7(i)(4) If the board has not completely reduced its investments in a company that satisfies the criteria in subdivision (b), when the board anticipates that the board will reduce all investments in that company or the findings adopted in support of a determination made pursuant to subdivision (k) pertaining to why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(5)CA Government Code § 7513.7(i)(5) Any information described in subdivisions (d) and (e).
(6)CA Government Code § 7513.7(i)(6) A detailed summary of investments that were transferred to funds or accounts devoid of companies with business operations in Iran as described in subdivision (f).
(7)CA Government Code § 7513.7(i)(7) An annual calculation of any costs or investment losses or other financial results incurred in compliance with the provisions of this section.
(j)CA Government Code § 7513.7(j) If the board voluntarily sells or transfers all of its investments in a company with business operations in Iran, this section shall not apply except that the board shall file a report with the Legislature related to that company as described in subdivision (i).
(k)CA Government Code § 7513.7(k) Nothing in this section shall require the board to take action as described in this section if the board determines, and adopts findings, in good faith and based on credible information available to the public, that the action described in this section would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. Any adopted findings shall demonstrate how divestment disadvantages the fund and that any feasible investment alternatives would yield a lower rate of return with commensurate degrees of risk, or create a higher degree of risk with commensurate rates of return. Notwithstanding any other law, any determination that an action would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution shall require a recorded rollcall vote of the full board, following a presentation and discussion of findings in open session, during a properly noticed public hearing of the full board. All proposed findings of the board shall be made public 72 hours before they are considered by the board, and the board shall maintain a list of interested parties who shall be notified of proposed findings 72 hours before board consideration. The findings and any public comments regarding the adopted findings and determinations made pursuant to this subdivision shall be included in the report to the Legislature required by subdivision (i).
(l)CA Government Code § 7513.7(l) This section shall cease to be operative if the President of the United States has made the certifications specified in paragraphs (1) and (2) of subdivision (a) of Section 8551 of Title 22 of the United States Code.
(m)CA Government Code § 7513.7(m) This section shall be known and may be cited as the California Public Divest from Iran Act.
(n)CA Government Code § 7513.7(n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section § 7513.8

Explanation

This section defines key terms related to public pension or retirement systems in California. It specifies what a 'Board' is, referring to the governing body of a retirement system. An 'External manager' is someone managing a portfolio or offering investment fund ownership to this Board. An 'Investment fund' includes various types of funds primarily investing or trading assets, but excludes registered companies offering public securities. An 'Investment vehicle' is an entity organized to invest with other managers, where the Board has a majority stake. A 'Person' includes individuals and many types of business entities. Finally, a 'Placement agent' is someone who, for a fee, helps facilitate sales or management services for the Board, excluding certain employees of the external manager who spend significant time managing assets.

As used in this section and Sections 7513.85, 7513.86, 7513.87, 7513.9, and 7513.95:
(a)CA Government Code § 7513.8(a) “Board” means the retirement board of a public pension or retirement system, as defined in subdivision (h) of Section 17 of Article XVI of the California Constitution.
(b)CA Government Code § 7513.8(b) “External manager” means either of the following:
(1)CA Government Code § 7513.8(b)(1) A person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation.
(2)CA Government Code § 7513.8(b)(2) A person who manages an investment fund and who offers or sells, or has offered or sold, an ownership interest in the investment fund to a board or an investment vehicle.
(c)Copy CA Government Code § 7513.8(c)
(1)Copy CA Government Code § 7513.8(c)(1) “Investment fund” means a private equity fund, public equity fund, venture capital fund, hedge fund, fixed income fund, real estate fund, infrastructure fund, or similar pooled investment entity that is, or holds itself out as being, engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, owning, holding, or trading securities or other assets.
(2)CA Government Code § 7513.8(c)(2) Notwithstanding paragraph (1), an investment company that is registered with the Securities and Exchange Commission pursuant to the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) and that makes a public offering of its securities is not an investment fund.
(d)CA Government Code § 7513.8(d) “Investment vehicle” means a corporation, partnership, limited partnership, limited liability company, association, or other entity, either domestic or foreign, managed by an external manager in which a board is the majority investor and that is organized in order to invest with, or retain the investment management services of, other external managers.
(e)CA Government Code § 7513.8(e) “Person” means an individual, corporation, partnership, limited partnership, limited liability company, or association, either domestic or foreign.
(f)Copy CA Government Code § 7513.8(f)
(1)Copy CA Government Code § 7513.8(f)(1) “Placement agent” means any person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or an investment vehicle either of the following:
(A)CA Government Code § 7513.8(f)(1)(A) In the case of an external manager within the meaning of paragraph (1) of subdivision (b), the investment management services of the external manager.
(B)CA Government Code § 7513.8(f)(1)(B) In the case of an external manager within the meaning of paragraph (2) of subdivision (b), an ownership interest in an investment fund managed by the external manager.
(2)CA Government Code § 7513.8(f)(2) Notwithstanding paragraph (1), an individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager and who spends one-third or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager is not a placement agent.

Section § 7513.9

Explanation

This law requires anyone acting as a placement agent, which is someone who helps with investment opportunities, to report all campaign contributions and gifts they have given to any board members of a pension system. This disclosure must cover the two years before they start working with the board and include any additional contributions or gifts while they are working with the board.

(a)CA Government Code § 7513.9(a) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all campaign contributions made by the placement agent to any elected member of the board during the prior 24-month period. Additionally, any subsequent campaign contribution made by the placement agent to an elected member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed.
(b)CA Government Code § 7513.9(b) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all gifts, as defined in Section 82028, given by the placement agent to any member of the board during the prior 24-month period. Additionally, any subsequent gift given by the placement agent to any member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed.

Section § 7513.72

Explanation

This section defines certain terms related to California's public employee retirement funds and outlines reporting requirements for investments in companies involved with the Dakota Access Pipeline. By April 1, 2018, the Board in charge of these funds had to report to the Legislature and Governor about their investments in these companies, detailing their interactions and any agreements made with them. The law also encourages the Board to consider tribal sovereignty and indigenous rights in their investment policies. However, the Board is not obligated to act unless it aligns with their financial responsibilities.

(a)CA Government Code § 7513.72(a) As used in this section:
(1)CA Government Code § 7513.72(a)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2)CA Government Code § 7513.72(a)(2) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage.
(3)CA Government Code § 7513.72(a)(3) “Dakota Access Pipeline” means the oil pipeline connecting the Bakken oil fields in northwest North Dakota to Illinois, traveling through South Dakota and Iowa, that runs north and upstream of the Standing Rock Sioux Reservation.
(4)CA Government Code § 7513.72(a)(4) “Investment” means the purchase, ownership, or control of publicly issued stock, corporate bonds, or other debt instruments issued by a company.
(5)CA Government Code § 7513.72(a)(5) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(b)CA Government Code § 7513.72(b) On or before April 1, 2018, the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor that shall include the following:
(1)CA Government Code § 7513.72(b)(1) A list of investments the board has in companies constructing, or funding the construction of, the Dakota Access Pipeline.
(2)CA Government Code § 7513.72(b)(2) A list of companies identified pursuant to paragraph (1) with which the board has constructively engaged, including:
(A)CA Government Code § 7513.72(b)(2)(A) A detailed description of the board and its staff’s engagement activities with each company, including, but not limited to, the number of engagement interactions with each company.
(B)CA Government Code § 7513.72(b)(2)(B) A detailed description of the results of the engagement, including, but not limited to, agreements reached between the board and the company.
(C)CA Government Code § 7513.72(b)(2)(C) An evaluation as to the efficacy of the engagement, including, but not limited to, whether the engagement resulted in a change of action by the investing firm or company with which funds were invested.
(c)CA Government Code § 7513.72(c) It is the intent of the Legislature that on or before April 1, 2018, the board review and consider factors related to tribal sovereignty and indigenous tribal rights as part of the board’s investment policies related to environmental, social, and governance issues.
(d)CA Government Code § 7513.72(d) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.

Section § 7513.74

Explanation

This law outlines the conditions under which California's public employee retirement funds must stop investing in the government of Turkey. If the U.S. federal government imposes sanctions on Turkey for not acknowledging the Armenian Genocide, the state retirement boards must stop new investments and sell off existing ones within 18 months, unless doing so conflicts with their fiduciary duties. They must report to the state government about the divestments made and any investments retained due to fiduciary responsibilities. The boards need to reassess the impact of divestment by 2035 and report on whether it should continue. This rule ends if Turkey acknowledges the genocide, or by 2035, whichever comes first.

(a)CA Government Code § 7513.74(a) As used in this section, the following terms have the following meanings:
(1)CA Government Code § 7513.74(a)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2)CA Government Code § 7513.74(a)(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions.
(3)CA Government Code § 7513.74(a)(3) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(4)CA Government Code § 7513.74(a)(4) “Turkey” means the Republic of Turkey.
(b)CA Government Code § 7513.74(b) Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)CA Government Code § 7513.74(b)(1) The investment vehicle is issued by the government of Turkey.
(2)CA Government Code § 7513.74(b)(2) The investment vehicle is owned by the government of Turkey.
(c)CA Government Code § 7513.74(c) The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)CA Government Code § 7513.74(d) Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)CA Government Code § 7513.74(d)(1) A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)CA Government Code § 7513.74(d)(2) A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination.
(e)CA Government Code § 7513.74(e) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)Copy CA Government Code § 7513.74(f)
(1)Copy CA Government Code § 7513.74(f)(1) Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)CA Government Code § 7513.74(f)(2) On or before January 1, 2035, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)CA Government Code § 7513.74(f)(3) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)CA Government Code § 7513.74(g) This section shall be repealed on the earlier of the following dates:
(1)CA Government Code § 7513.74(g)(1) Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.
(2)CA Government Code § 7513.74(g)(2) January 1, 2035.

Section § 7513.75

Explanation

California's government has identified coal burning as a major cause of climate change and is taking action to address it. This law requires the Public Employees’ Retirement System and the State Teachers’ Retirement System to stop investing in companies that make most of their money from thermal coal, which is coal used to produce electricity. The goal is to help move the state towards cleaner energy sources.

The term 'thermal coal company' refers to companies that get 50% or more of their revenue from mining thermal coal. These retirement systems must sell off their investments in such companies by July 1, 2017, unless engaged companies are transitioning to cleaner energy. A report of these activities was due by January 1, 2018, to be shared with both the Legislature and the Governor. However, these actions must align with the boards' fiduciary duties, meaning they must not harm the financial interests of the retirement funds.

(a)CA Government Code § 7513.75(a) The Legislature finds and declares all of the following:
(1)CA Government Code § 7513.75(a)(1) The combustion of coal resources is the single largest contributor to global climate change in the United States.
(2)CA Government Code § 7513.75(a)(2) Climate change affects all parts of the California economy and environment, and the Legislature has adopted numerous laws to mitigate greenhouse gas emissions and to adapt to a changing climate.
(3)CA Government Code § 7513.75(a)(3) The purpose of this section is to require the Public Employees’ Retirement System and the State Teachers’ Retirement System, consistent with, and not in violation of, their fiduciary responsibilities, to divest their holding of thermal coal power as one part of the state’s broader efforts to decarbonize the California economy and to transition to clean, pollution free energy resources.
(b)CA Government Code § 7513.75(b) As used in this section, the following definitions apply:
(1)CA Government Code § 7513.75(b)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2)CA Government Code § 7513.75(b)(2) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profit-making purposes or to otherwise secure economic advantage.
(3)CA Government Code § 7513.75(b)(3) “Investment” means the purchase, ownership, or control of publicly issued stock, corporate bonds, or other debt instruments issued by a company.
(4)CA Government Code § 7513.75(b)(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(5)CA Government Code § 7513.75(b)(5) “Thermal coal” means coal used to generate electricity, such as that which is burned to create steam to run turbines. Thermal coal does not mean metallurgical coal or coking coal used to produce steel.
(6)CA Government Code § 7513.75(b)(6) “Thermal coal company” means a publicly traded company that generates 50 percent or more of its revenue from the mining of thermal coal, as determined by the board.
(c)CA Government Code § 7513.75(c) The board shall not make additional or new investments or renew existing investments of public employee retirement funds in a thermal coal company.
(d)CA Government Code § 7513.75(d) The board shall liquidate investments in a thermal coal company on or before July 1, 2017. In making a determination to liquidate investments, the board shall constructively engage with a thermal coal company to establish whether the company is transitioning its business model to adapt to clean energy generation, such as through a decrease in its reliance on thermal coal as a revenue source.
(e)CA Government Code § 7513.75(e) On or before January 1, 2018, the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor, which shall include the following:
(1)CA Government Code § 7513.75(e)(1) A list of thermal coal companies of which the board has liquidated its investments pursuant to subdivision (d).
(2)CA Government Code § 7513.75(e)(2) A list of companies with which the board engaged pursuant to subdivision (d) that the board established were transitioning to clean energy generation, with supporting documentation to substantiate the board’s determination.
(3)CA Government Code § 7513.75(e)(3) A list of thermal coal companies of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (f) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination.
(f)CA Government Code § 7513.75(f) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.

Section § 7513.85

Explanation

This law requires a policy for disclosing payments to placement agents involved with investment managers, effective by June 30, 2010. The policy must include details such as relationships between managers and agents, resumes of placement agents, any compensation they receive, services they provide, and their registration status with financial regulatory bodies or as lobbyists.

If this policy is violated, the external manager or agent cannot solicit new investments for five years, unless the board decides otherwise due to good cause. Agreements can only be made with managers agreeing to follow this policy, and actions must align with the board's fiduciary duties.

(a)CA Government Code § 7513.85(a) The board shall develop and implement, on or before June 30, 2010, a policy requiring the disclosure of payments to placement agents in connection with system investments in or through external managers. The policy shall include, but not be limited to, the following requirements:
(1)CA Government Code § 7513.85(a)(1) Disclosure of the existence of relationships between external managers and placement agents.
(2)CA Government Code § 7513.85(a)(2) A resume for each officer, partner, or principal of the placement agent detailing the person’s education, professional designations, regulatory licenses, and investment and work experience.
(3)CA Government Code § 7513.85(a)(3) A description of any and all compensation of any kind provided, or agreed to be provided, to a placement agent.
(4)CA Government Code § 7513.85(a)(4) A description of the services to be performed by the placement agent.
(5)CA Government Code § 7513.85(a)(5) A statement whether the placement agent, or any of its affiliates, are registered with the Securities and Exchange Commission or the Financial Industry Regulatory Association, or any similar regulatory agent in a country other than the United States, and the details of that registration or explanation as to why no registration is required.
(6)CA Government Code § 7513.85(a)(6) A statement whether the placement agent, or any of its affiliates, is registered as a lobbyist with any state or national government.
(b)CA Government Code § 7513.85(b) Any external manager or placement agent that violates the policy shall not solicit new investments from the system for five years after the violation was committed. However, this prohibition may be reduced by a majority vote of the board at a public session upon a showing of good cause.
(c)CA Government Code § 7513.85(c) The system shall not enter into any agreement with an external manager that does not agree in writing to comply with the policy.
(d)CA Government Code § 7513.85(d) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.

Section § 7513.86

Explanation

Basically, if someone wants to act as a placement agent for investment deals involving a California state public retirement system, they need to be registered as a lobbyist. This means they have to follow the rules set out in the Political Reform Act of 1974 for lobbyists. However, there are exceptions that are referenced from another section.

Except as provided in subdivisions (b) and (c) of Section 82047.3, a person shall not act as a placement agent in connection with any potential system investment made by a state public retirement system unless that person is registered as a lobbyist in accordance with Chapter 6 (commencing with Section 86100) of Title 9 and is in full compliance with the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) as that act applies to lobbyists.

Section § 7513.87

Explanation

This law requires anyone acting as a placement agent for a potential investment with a local public retirement system to file reports and meet other requirements from local agencies that oversee lobbyists. However, it doesn't apply to certain individuals associated with external managers. These exceptions include employees or partners who spend a significant amount of time managing investments, and employees or leaders of investment firms that are registered with the appropriate securities regulators, have participated or been selected through a fair bidding process, and agree to a high standard of care when managing public retirement assets.

(a)CA Government Code § 7513.87(a) A person acting as a placement agent in connection with any potential system investment made by a local public retirement system shall file any applicable reports with a local government agency that requires lobbyists to register and file reports and shall comply with any applicable requirements imposed by a local government agency pursuant to Section 81013.
(b)CA Government Code § 7513.87(b) This section does not apply to either of the following:
(1)CA Government Code § 7513.87(b)(1) An individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager who spends one-third or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager.
(2)CA Government Code § 7513.87(b)(2) An employee, officer, or director of an external manager, or of an affiliate of an external manager, if all of the following apply:
(A)CA Government Code § 7513.87(b)(2)(A) The external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or, if exempt from or not subject to registration with the Securities and Exchange Commission, any appropriate state securities regulator.
(B)CA Government Code § 7513.87(b)(2)(B) The external manager is participating in a competitive bidding process, such as a request for proposals, or has been selected through that process and is providing services pursuant to a contract executed as a result of that competitive bidding process.
(C)CA Government Code § 7513.87(b)(2)(C) The external manager, if selected through a competitive bidding process described in subparagraph (B), has agreed to a fiduciary standard of care, as defined by the standards of conduct applicable to the retirement board of a public pension or retirement system and set forth in Section 17 of Article XVI of the California Constitution, when managing a portfolio of assets of a public retirement system in California.

Section § 7513.95

Explanation

If you're a board member or employee, you can't sell or offer any investment products to California's public retirement systems outside of your board duties. Essentially, don't mix personal interests with board responsibilities.

A member or employee of the board shall not, directly or indirectly, by himself or herself, or as an agent, partner, or employee of a person or entity other than the board, sell or provide any investment product that would be considered an asset of the fund to any public retirement system in California.

Section § 7513.97

Explanation

This section clarifies specific terms for understanding retirement benefits under California's Public Employees' Retirement System. "Actuarial equivalent" refers to benefits of equal value based on mortality tables and interest rates set by the retirement board. A "beneficiary" is someone or an entity designated to receive benefits after a member or retiree's death. "Salary" refers only to wages paid, excluding additional benefits like health insurance or vacation pay. An "unmodified pension" is the maximum retirement allowance, including any cost-of-living adjustments, before opting for different settlement options.

As used in Section 11 of Article VII of the Constitution, the following terms have the following meanings:
(a)CA Government Code § 7513.97(a) “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted and the actuarial interest rate fixed by the Board of Administration of the Public Employees’ Retirement System.
(b)CA Government Code § 7513.97(b) “Beneficiary” means any person or corporation designated by a member, a retired member, or statute, or the estate of a member or retired member designated by the member or retired member, to receive a benefit under the retirement system, on account of the death of the member or retired member.
(c)CA Government Code § 7513.97(c) “Salary” means the actual wages paid but shall not include any other benefits, such as, but not limited to, health and dental benefits, retirement benefits, vacation pay, and per diem.
(d)CA Government Code § 7513.97(d) “Unmodified pension or retirement allowance” means the maximum pension or retirement allowance receivable, prior to any selection of an optional settlement and includes any cost-of-living adjustment and any other increase granted subsequent to retirement.

Section § 7514

Explanation

This law allows state or local public retirement systems in California to invest in foreign government bonds or similar debt instruments, as long as those foreign governments have a good track record of paying back such debts. The investments must follow a standard for prudent investing as per the California Constitution. Additionally, parts of these investments can be specifically directed towards bonds or notes guaranteed by Canada, Israel, Mexico, or South Africa, regardless of their credit rating.

(a)CA Government Code § 7514(a) Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, its assets in the bonds or other evidences of indebtedness unconditionally guaranteed by any foreign government that has met the payments of similar bonds or other evidences of indebtedness when due.
(b)CA Government Code § 7514(b) A portion of the assets invested pursuant to this section may be used to purchase rated or unrated bonds, notes, or other instruments unconditionally guaranteed by Canada, Israel, Mexico, or South Africa.

Section § 7514.1

Explanation

This law allows state and local public retirement systems in California to invest in financial products such as bonds, notes, or obligations from selected international financial institutions, like the African and Asian Development Banks, as long as these investments meet certain standards for prudent investing. The U.S. must be a member of these organizations, and the investments should have a history of meeting payment obligations on time.

Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, and the state and any political subdivision of the state may, invest its assets in rated bonds, notes, or other obligations issued, assumed, or unconditionally guaranteed by the African Development Bank, the Asian Development Bank, the Caribbean Development Bank, the Inter-American Development Bank, the International Finance Corporation, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, and any other international financial institution that has met the payments of similar bonds, notes, or other obligations when due and in which the United States is a member.

Section § 7514.2

Explanation

This section of the law addresses how certain boards, like those managing state retirement systems, can approach investing in infrastructure projects. A board is allowed to prioritize investments in infrastructure projects within California, like transportation or utilities, over similar projects outside the state. However, they must ensure these investments align with their duties to invest wisely and minimize risk. The law suggests prioritizing in-state projects as long as it doesn't conflict with the board's responsibility to protect investments and maximize returns. Lastly, boards are not mandated to make any decisions that go against their primary fiduciary obligations.

(a)CA Government Code § 7514.2(a) As used in this section, the following definitions shall apply:
(1)CA Government Code § 7514.2(a)(1) “Board” means the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, or the board of retirement or board of investments of a retirement system established pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3).
(2)CA Government Code § 7514.2(a)(2) “Infrastructure” includes, but is not limited to, telecommunications, power, transportation, ports, petrochemical, and utilities.
(b)CA Government Code § 7514.2(b) A board may, subject to and consistent with its fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code, Section 22203 of the Education Code, and Section 17 of Article XVI of the California Constitution, prioritize investment in an in-state infrastructure project over a comparable out-of-state project.
(c)CA Government Code § 7514.2(c) The Legislature encourages each board to prioritize investment in in-state infrastructure projects over alternative out-of-state infrastructure projects if the investments in the in-state projects are consistent with the board’s fiduciary duties to minimize the risk of loss and to maximize the rate of return.
(d)CA Government Code § 7514.2(d) Nothing in this section shall require a board to take action that is inconsistent with its plenary authority and fiduciary responsibilities, as described in Section 17 of Article XVI of the California Constitution.

Section § 7514.3

Explanation

This law allows California's state pension systems to create programs that help state and local governments, as well as other public finance entities, get better loan terms. They can do this by improving the credit of the financial products like bonds and notes. However, these programs must follow specific investment rules and adhere to certain federal tax laws.

Notwithstanding any other provision of law, state pension systems may, subject to and consistent with their fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code and Section 17 of Article XVI of the California Constitution, establish credit enhancement programs to assist entities of state and local government and other issuers of municipal and public finance debt to secure more favorable financing terms through a variety of types of credit enhancement including, but not limited to, enhancement of the credit of bonds, notes, and other indebtedness. Any credit enhancement program shall comply with the requirements of Section 503 of the Internal Revenue Code.

Section § 7514.5

Explanation

This law says that if you're in a retirement system like the Public Employees’ Retirement System or the State Teachers’ Retirement System, and you move to another retirement system, there's usually a time limit for how soon you have to start working again to keep your retirement benefits. But if you were a full-time elected official after November 6, 1990, and you join another retirement system within 120 days after leaving the elected position, that time spent in the elected office counts towards that time limit.

Notwithstanding any other provision of law, whenever the rights of a member of the Public Employees’ Retirement System, the State Teachers’ Retirement System, or a retirement system established under the County Employees Retirement Law of 1937, because of membership in another retirement system, are conditional upon employment within a specified period of time after termination of service in another retirement system, that specified period shall be the period of service in full-time elective office on and after November 6, 1990, if the member was a full-time elective officer on or after that date and becomes a member of any of those retirement systems within 120 days after termination of the full-time elective office.

Section § 7514.7

Explanation

This California law requires public investment funds to ensure transparency by having alternative investment vehicles disclose certain financial details annually. These disclosures include fees, expenses, and carried interest distributed to fund managers. Public investment funds must then report this information, along with the investment vehicles' performance, in a public meeting. This law applies to new and some existing contracts and aims to provide public awareness and accountability in investments involving public money.

Alternative investments, like private equity and hedge funds, are specifically defined and the responsibilities of both the investment funds and managers are laid out. The law took effect from January 1, 2017, and is focused on ensuring that proper disclosures are made for contracts entered or capital commitments made after this date.

(a)CA Government Code § 7514.7(a) Every public investment fund shall require each alternative investment vehicle in which it invests to make the following disclosures at least annually:
(1)CA Government Code § 7514.7(a)(1) The fees and expenses that the public investment fund pays directly to the alternative investment vehicle, the fund manager, or related parties.
(2)CA Government Code § 7514.7(a)(2) The public investment fund’s pro rata share of fees and expenses not included in paragraph (1) that are paid from the alternative investment vehicle to the fund manager or related parties. The public investment fund may independently calculate this information based on information contractually required to be provided by the alternative investment vehicle to the public investment fund. If the public investment fund independently calculates this information, then the alternative investment vehicle shall not be required to provide the information identified in this paragraph.
(3)CA Government Code § 7514.7(a)(3) The public investment fund’s pro rata share of carried interest distributed to the fund manager or related parties.
(4)CA Government Code § 7514.7(a)(4) The public investment fund’s pro rata share of aggregate fees and expenses paid by all of the portfolio companies held within the alternative investment vehicle to the fund manager or related parties.
(5)CA Government Code § 7514.7(a)(5) Any additional information described in subdivision (c) of Section 7928.710.
(b)CA Government Code § 7514.7(b) Every public investment fund shall disclose the information provided pursuant to subdivision (a) at least once annually in a report presented at a meeting open to the public. The public investment fund’s report required pursuant to this subdivision shall also include the gross and net rate of return of each alternative investment vehicle, since inception, in which the public investment fund participates. The public investment fund may report the gross and net rate of return and information required by subdivision (a) based on its own calculations or based on calculations provided by the alternative investment vehicle.
(c)CA Government Code § 7514.7(c) For purposes of this section:
(1)CA Government Code § 7514.7(c)(1) “Alternative investment” means an investment in a private equity fund, venture fund, hedge fund, or absolute return fund.
(2)CA Government Code § 7514.7(c)(2) “Alternative investment vehicle” means the limited partnership, limited liability company, or similar legal structure through which a public investment fund invests in an alternative investment.
(3)CA Government Code § 7514.7(c)(3) “Fund manager” means the general partner, managing manager, adviser, or other person or entity with primary investment decisionmaking authority over an alternative investment vehicle and related parties of the fund manager.
(4)CA Government Code § 7514.7(c)(4) “Carried interest” means any share of profits from an alternative investment vehicle that is distributed to a fund manager, general partner, or related parties, including allocations of alternative investment vehicle profits received by a fund manager in consideration of having waived fees that it might otherwise have been entitled to receive.
(5)CA Government Code § 7514.7(c)(5) “Portfolio companies” means individual portfolio investments made by the alternative investment vehicle.
(6)CA Government Code § 7514.7(c)(6) “Gross rate of return” means the internal rate of return for the alternative investment vehicle prior to the reduction of fees and expenses described in subdivision (a).
(7)CA Government Code § 7514.7(c)(7) “Public investment fund” means any fund of any public pension or retirement system, including that of the University of California.
(8)CA Government Code § 7514.7(c)(8) “Operational person” means any operational partner, senior adviser, or other consultant or employee whose primary activity for a relevant entity is to provide operational or back office support to any portfolio company of any alternative investment vehicle, account, or fund managed by a related person.
(9)CA Government Code § 7514.7(c)(9) “Related person” means any current or former employee, manager, or partner of any related entity that is involved in the investment activities or accounting and valuation functions of the relevant entity or any of their respective family members.
(10)CA Government Code § 7514.7(c)(10) “Related party” means:
(A)CA Government Code § 7514.7(c)(10)(A) Any related person.
(B)CA Government Code § 7514.7(c)(10)(B) Any operational person.
(C)CA Government Code § 7514.7(c)(10)(C) Any entity more than 10 percent of the ownership of which is held directly or indirectly, whether through other entities or trusts, by a related person or operational person regardless if the related person or operational person participates in the carried interest received by the general partner or the special limited partner.
(D)CA Government Code § 7514.7(c)(10)(D) Any consulting, legal, or other service provider regularly engaged by portfolio companies of an alternative investment vehicle, account, or fund managed by a related person and that also provides advice or services to any related person or relevant entity.
(11)CA Government Code § 7514.7(c)(11) “Relevant entity” means the general partner, any separate carry vehicle, the investor adviser, any of the investment adviser’s parent or subsidiary entities, or any similar entity related to any other alternative investment vehicle, account, or fund advised or managed by any current or former related person.
(d)Copy CA Government Code § 7514.7(d)
(1)Copy CA Government Code § 7514.7(d)(1) This section applies to all new contracts the public investment fund enters into on or after January 1, 2017, and to all existing contracts pursuant to which the public investment fund makes a new capital commitment on or after January 1, 2017.
(2)CA Government Code § 7514.7(d)(2)  With respect to existing contracts not covered by paragraph (1), the public investment fund shall undertake reasonable efforts to obtain the information described in subdivision (a) and comply with the reporting requirements contained in subdivision (b) with respect to any information obtained after January 1, 2017.