NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5054
SPONSOR: Abbate TITLE OF BILL: An act to amend the retirement and social security
law, in relation to prohibiting the use of placement agents by managers
doing business with the common retirement fund
PURPOSE:
For the purpose of maintaining the integrity of the New York State and
Local Retirement System ("System") and the New York State Common Retire-
ment Fund ("CRF" or "Fund"), as well as to increase transparency, this
bill would codify the State Comptroller's policy prohibiting the use of
placement agents or intermediaries by the Common Retirement Fund.
SUMMARY OF PROVISIONS:
Section 1 of this bill renumbers Section 425 of the Retirement and
Social Security Law as Section 426 of such Law and adds a new Section
425 to the Retirement and Social Security Law which prohibits the CRF
from engaging, hiring, investing with or committing to an investment
manager that is using the services of a placement agent or intermediary
to assist such investment manager in obtaining investments by the CRF,
and further prohibits the CRF from engaging, hiring, investing with or
commit to an investment manager without obtaining from such investment
manager a certification in the form and manner prescribed by the CRF
stating that such investment manager has not used the services of a
placement agent or other intermediary to assist such investment manager
in obtaining investments by the CRF.
This Section defines an "investment manager" as any person or entity,
other than an employee of the State Comptroller, engaged by the CRF in
the management of an investment portfolio of the CRF.
Additionally, this Section defines a "placement agent or intermediary"
as any person or entity, including a registered lobbyist, that is
directly or indirectly engaged and compensated by an investment manager
to promote investments to or solicit investment by the CRF, whether
compensated on a flat fee, a contingent fee, or any other basis. A
placement agent or intermediary is not a regular employee of the invest-
ment manager.
Section 2 of this bill provides for an immediate effective date.
PRIOR LEGISLATIVE HISTORY:
S.4238 and A.3635 of 2013-2014
S. 5632 and A. 7909 of 2011- 2012
JUSTIFICATION:
Restoring confidence in the integrity of the Fund's investment deci-
sion-making process and in the operations of the System has been a top
priority of State Comptroller Thomas P. DiNapoli since he took Office.
In conducting a top-to-bottom review of the way the Fund does business,
reforming Fund operations and restoring the credibility of the opera-
tion, Comptroller DiNapoli determined a placement agent ban was appro-
priate as part of his commitment to reforming the operations of the
Fund.
In order to preserve the independence and integrity of the Fund, to
preclude potential conflicts of interest, and to assist the State Comp-
troller in fulfilling his or her duties as a fiduciary to the Fund, this
bill codifies the policy that Comptroller DiNapoli adopted on April 21,
2009, which prohibits the Fund from engaging, hiring, investing with or
committing to an outside investment manager who is using the services of
a placement agent or intermediary to assist the investment manager in
obtaining investments by the Fund. By codifying his policy, Comptroller
DiNapoli is ensuring that the Fund will always be protected.
The State Comptroller urges approval of this legislation.
BUDGET IMPLICATIONS:
This bill has no significant fiscal impact.
EFFECTIVE DATE:
Immediately.
