(2) The standard stated in subsection (1) of this section requires the exercise of reasonable care, skill and caution, and is to be applied to investments not in isolation but in the context of each investment fund’s investment portfolio and as a part of an overall investment strategy, which should incorporate risk and return objectives reasonably suitable to the particular investment fund.
(3) In making and implementing investment decisions, the Oregon Investment Council and the investment officer have a duty to diversify the investments of the investment funds unless, under the circumstances, it is not prudent to do so.
(4) In addition to the duties stated in subsection (3) of this section, the council and the investment officer must:
(a) Conform to the fundamental fiduciary duties of loyalty and impartiality;
(b) Act with prudence in deciding whether and how to delegate authority and in the selection and supervision of agents; and
(c) Incur only costs that are reasonable in amount and appropriate to the investment responsibilities imposed by law.
(5) The duties of the council and the investment officer under this section are subject to contrary provisions of privately created public trusts the assets of which by law are made investment funds. Within the limitations of the standard stated in subsection (1) of this section and subject to subsection (6) of this section, there may be acquired, retained, managed and disposed of as investments of the investment funds every kind of investment which persons of prudence, discretion and intelligence acquire, retain, manage and dispose of for their own account.
(6) Notwithstanding subsection (1) of this section, not more than 50 percent of the moneys contributed to the Public Employees Retirement Fund or the Industrial Accident Fund may be invested in common stock, and not more than 65 percent of the moneys contributed to the other trust and endowment funds managed by the Oregon Investment Council or the State Treasurer may be invested in common stock.
(7) Subject to the standards set forth in this section, moneys held in the Deferred Compensation Fund may be invested in the stock of any company, association or corporation, including but not limited to shares of a mutual fund. Investment of moneys in the Deferred Compensation Fund is not subject to the limitation imposed by subsection (6) of this section. [1967 c.335 §7; 1971 c.53 §1; 1973 c.385 §1; 1981 c.880 §12; 1983 c.456 §1; 1983 c.466 §1; 1987 c.759 §1; 1993 c.18 §59; 1993 c.75 §1; 1997 c.129 §2; 1997 c.179 §22; 1997 c.804 §5; 2005 c.294 §1]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 293 - Administration of Public Funds
Section 293.090 - Disposition of gift, devise or bequest to state or state agency.
Section 293.095 - Effect of change in organization of state agencies on gifts, devises and bequests.
Section 293.105 - General Fund.
Section 293.110 - Certain funds as part of General Fund.
Section 293.115 - Moneys separate and distinct from General Fund.
Section 293.117 - Trust fund; continuous appropriation.
Section 293.130 - Information required on records of moneys deposited.
Section 293.144 - Oregon Rainy Day Fund; use; interest.
Section 293.146 - Transfer of moneys to Rainy Day Fund.
Section 293.148 - Cap on amount.
Section 293.165 - Borrowing to pay warrants against General Fund.
Section 293.167 - Proceeding when warrants not paid for want of funds.
Section 293.171 - State agency overdrafts; interest.
Section 293.180 - Agency petty cash fund.
Section 293.195 - Retention of appropriation balances.
Section 293.205 - Definitions for ORS 293.205 to 293.225.
Section 293.212 - Transfers to funds of Department of Transportation with insufficient moneys.
Section 293.214 - Lines of credit for state agency; duration; source of funding.
Section 293.215 - Evidencing transfers and retransfers; notification of transfer.
Section 293.227 - Definitions for ORS 293.227 to 293.233.
Section 293.229 - Liquidated and delinquent accounts of state agency; annual reports.
Section 293.240 - Writing off uncollectible debts due state agency; offers of compromise.
Section 293.258 - Delinquent Accounts Administration Fund.
Section 293.260 - Collection of moneys and property due to state.
Section 293.262 - Requiring information regarding accounts; reference to legislature.
Section 293.270 - Record of moneys deposited under ORS 293.265; interest.
Section 293.280 - Application of ORS 293.265 to 293.275.
Section 293.293 - Funds held in trust by court.
Section 293.295 - When claim against moneys in State Treasury may be paid.
Section 293.311 - Requiring information regarding claims.
Section 293.321 - Limitation on time of presentment of claims.
Section 293.326 - When claim allowed against state as setoff.
Section 293.353 - Payment for expense of processing banking-related transactions.
Section 293.370 - Use of facsimile signatures by department and state agencies.
Section 293.375 - Use of facsimile signatures by state officers and employees.
Section 293.450 - Report of checks outstanding more than two years.
Section 293.462 - Payment of overdue account charges; rules.
Section 293.465 - Definitions for ORS 293.465 to 293.485; presentation of instrument for payment.
Section 293.470 - Payment on lost, stolen or destroyed instruments; indemnity bonds not required.
Section 293.475 - Issuance of duplicate instrument; affidavit of owner, payee or representative.
Section 293.495 - Procedure for payment.
Section 293.537 - Tobacco Settlement Funds Account; sources; uses; investment.
Section 293.540 - Health Care Trust Fund; sources; uses; investment.
Section 293.550 - Receipt and disposition generally of federal aid moneys; deposit in special fund.
Section 293.575 - Distribution of funds received under the Taylor Grazing Act; Taylor Grazing Fund.
Section 293.590 - Department to supervise state agency accounting; furnishing accounting services.
Section 293.600 - Financial and statistical reports by state agencies.
Section 293.605 - Fiscal year.
Section 293.665 - Calculation of savings resulting from penalty reductions for certain offenses.
Section 293.701 - Definitions for ORS 293.701 to 293.857.
Section 293.706 - Oregon Investment Council; appointment; term; vacancies.
Section 293.708 - Conflicts of interest for council members.
Section 293.711 - Compensation and expenses of council members; chairperson.
Section 293.712 - Continuing education requirements for members of council.
Section 293.713 - When compensation of council member as director of business prohibited.
Section 293.714 - Council meetings; recordings; logs.
Section 293.716 - State Treasurer is investment officer for council; subordinate personnel; bonds.
Section 293.723 - Discrete investment of moneys.
Section 293.726 - Standard of judgment and care in investments; investment in corporate stock.
Section 293.728 - Oregon Short Term Fund.
Section 293.733 - Venture capital investments; council’s duty.
Section 293.734 - Report on venture capital investments.
Section 293.736 - Duties of investment officer.
Section 293.761 - Duty of investment officer to provide information for financial reporting.
Section 293.790 - Holding, investing and disposing of corporate stock.
Section 293.793 - Purchase or acquisition of state government bonds.
Section 293.796 - Findings regarding venture capital for new businesses.
Section 293.812 - Definitions for ORS 293.811 to 293.832.
Section 293.819 - Investment in scrutinized companies.
Section 293.837 - Definitions for ORS 293.837 to 293.847.
Section 293.839 - Investment in scrutinized companies.
Section 293.847 - Applicability of ORS 293.841 and 293.843; sufficient appropriation.
Section 293.857 - Separate accounts for each local government; report; investment rules.
Section 293.863 - Investment pool procedures; duties of State Treasurer.