Sec. 22. (a) Except as provided in sections 24 and 25 of this chapter, if a company continues to have scrutinized active business operations one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to the company under section 20 of this chapter, the fund shall sell, redeem, divest, or withdraw all publicly traded securities of the company that are held by a fund, as follows:
(1) At least fifty percent (50%) of the securities shall be removed from a fund's assets under management within three (3) years after the company's appearance on the scrutinized company list.
(2) At least seventy-five percent (75%) of the securities shall be removed from a fund's assets under management within four (4) years after the company's appearance on the scrutinized company list.
(3) One hundred percent (100%) of the securities shall be removed from a fund's assets under management within five (5) years after the company's appearance on the scrutinized company list.
(b) If a company that ceased scrutinized active business operations following engagement under section 20 of this chapter resumes scrutinized active business operations, the company shall immediately be placed on the scrutinized company list and shall remain on the scrutinized company list while the company continues to have active business operations. If a fund has holdings in the company, the fund (before July 1, 2011) or the system shall send a written notice to the company as described in section 20 of this chapter indicating that the company has been placed on the scrutinized company list and is subject to divestment. The fund (before July 1, 2011) or system shall sell, redeem, divest, or withdraw all publicly traded securities of the company as provided in subsection (a) based on the date the company is placed back on the scrutinized company list.
(c) The board is not required to divest the board's holdings in a passively managed commingled fund that includes a scrutinized company with active business operations in a state sponsor of terror if the estimated cost of divestment of the commingled fund is greater than ten percent (10%) of the total value of the scrutinized companies with active business operations held in the commingled fund. The board shall include any commingled fund that includes a scrutinized company that is exempted from divestment under this subsection in the board's report submitted to the legislative council under section 26 of this chapter.
As added by P.L.67-2009, SEC.1. Amended by P.L.35-2012, SEC.75.
Structure Indiana Code
Title 5. State and Local Administration
Article 10.2. Public Retirement and Disability Benefits
Chapter 10. Divestment From States That Sponsor Terror
5-10.2-10-0.3. General Assembly Findings
5-10.2-10-1. Requirements for Mandatory Divestment
5-10.2-10-2. "Active Business Operations"
5-10.2-10-4. "Business Operations"
5-10.2-10-6. "Cost of Divestment"
5-10.2-10-7. "Direct Holdings"
5-10.2-10-9. "Inactive Business Operations"
5-10.2-10-10. "Indirect Holdings"
5-10.2-10-10.2. "Military Equipment"
5-10.2-10-10.4. "Mineral Extraction Activities"
5-10.2-10-10.6. "Oil Related Activities"
5-10.2-10-10.8. "Power Production Activities"
5-10.2-10-11. "Private Market Fund"
5-10.2-10-12. "Scrutinized Business Operations"
5-10.2-10-13. "Scrutinized Company"
5-10.2-10-14. "Social Development Company"
5-10.2-10-15. "State Sponsor of Terror"
5-10.2-10-16. "Substantial Action"
5-10.2-10-17. Identification of Scrutinized Companies
5-10.2-10-18. Identification of Holdings
5-10.2-10-19. Notice to Scrutinized Company With Inactive Business Operations
5-10.2-10-20. Notice to Scrutinized Company With Active Business Operations
5-10.2-10-21. Compliance by a Scrutinized Company
5-10.2-10-22. Divestment; Exemption for Certain Commingled Funds
5-10.2-10-23. Acquisition of Securities Containing Scrutinized Companies
5-10.2-10-24. Scrutinized Company Excluded From Federal Sanctions
5-10.2-10-25. Exclusion of Indirect Holdings in a Private Market Fund
5-10.2-10-25.5. Exclusion of Indirect Holdings in Actively Managed Investment Funds
5-10.2-10-26. Report to Legislative Council
5-10.2-10-27. Expiration of Chapter
5-10.2-10-28. Exemption From Conflicting Statutory or Common Law Obligations
5-10.2-10-29. Immunity; Liability of the Fund and Its Agents