Sec. 34. (a) Notwithstanding any provision to the contrary, the fund (before July 1, 2011) or system shall be permitted to cease divesting and to reinvest in certain scrutinized companies on the scrutinized company list with active business operations in Sudan if evidence shows that the value for all assets under management by the fund (before July 1, 2011) or the system on a fund's behalf becomes equal to or less than ninety-nine and five-tenths percent (99.5%) of the value of all assets under management by the fund (before July 1, 2011) or the system on a fund's behalf, including the companies divested under section 26 of this chapter.
(b) As provided by this section, any cessation of divestment or reinvestment shall be strictly limited to the minimum steps necessary to avoid the contingency set forth in subsection (a).
(c) For any cessation of divestment, reinvestment, and subsequent ongoing investment authorized by this section, the fund (before July 1, 2011) or board shall submit a report in an electronic format under IC 5-14-6 to the legislative council for distribution to the members of the general assembly in advance of any initial reinvestment. The report shall be updated annually thereafter as applicable, setting forth the reasons and justifications for the decision to cease divestment, reinvest, or remain invested with companies with scrutinized active business operations. This section does not apply to companies that have ceased to have scrutinized business operations.
As added by P.L.149-2007, SEC.3. Amended by P.L.35-2012, SEC.64.
Structure Indiana Code
Title 5. State and Local Administration
Article 10.2. Public Retirement and Disability Benefits
5-10.2-9-0.3. General Assembly Findings
5-10.2-9-1. "Active Business Operations"
5-10.2-9-3. "Business Operations"
5-10.2-9-5. "Complicit in Darfur Genocide"
5-10.2-9-6. "Cost of Divestment"
5-10.2-9-9. "Government of Sudan"
5-10.2-9-10. "Inactive Business Operations"
5-10.2-9-11. "Indirect Holdings"
5-10.2-9-12. "Marginalized Populations of Sudan"
5-10.2-9-13. "Military Equipment"
5-10.2-9-14. "Mineral Extraction Activities"
5-10.2-9-15. "Oil Related Activities"
5-10.2-9-16. "Power Production Activities"
5-10.2-9-18. "Scrutinized Company"
5-10.2-9-19. "Social Development Company"
5-10.2-9-20. "Substantial Action"
5-10.2-9-21. Identification of Scrutinized Companies
5-10.2-9-22. Identification of Holdings
5-10.2-9-23. Notice to Scrutinized Company With Inactive Business Operations
5-10.2-9-24. Notice to Scrutinized Company With Active Business Operations
5-10.2-9-25. Compliance by a Scrutinized Company
5-10.2-9-26. Divestment; Exemption for Certain Commingled Funds
5-10.2-9-27. Acquisition of Securities Containing Scrutinized Companies
5-10.2-9-28. Scrutinized Company Excluded From Federal Sanctions
5-10.2-9-29. Exclusion of Indirect Holdings in Actively Managed Investment Funds
5-10.2-9-30. Exclusion of Private Equity Funds
5-10.2-9-31. Report to Legislative Council
5-10.2-9-32. Expiration of Chapter
5-10.2-9-33. Exemption From Conflicting Statutory or Common Law Obligations
5-10.2-9-34. Cessation of Divestment and Reinvestment in Scrutinized Companies