South Carolina Code of Laws
Chapter 16 - Retirement System Funds
Section 9-16-90. Quarterly and annual investment reports; contents.

(A)(1) The commission shall provide investment reports at least quarterly during the fiscal year to the State Fiscal Accountability Authority, Revenue and Fiscal Affairs Office, and the Executive Budget Office, the Speaker of the House of Representatives, the President of the Senate, and other appropriate officials and entities.
(2) In addition to the quarterly reports provided in subsection (A), the commission shall provide an annual report to the State Fiscal Accountability Authority, Revenue and Fiscal Affairs Office, and the Executive Budget Office, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:
(a) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;
(b) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(c) a schedule of the sum of total investment expense, manager fees and expenses, and general administrative expenses for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years;
(d) a schedule of the net manager fees and expenses for each asset class for the fiscal year, including the total amount of manager fee and expense for each asset class and the amount of manager fee and expense for each asset class divided into the amounts attributable to management fees, performance fees or carried interest, and other expenses charged to the managed investment vehicle. The amount of manager fees and expenses must be expressed in total, and in each category of fee and expense, as a dollar amount and a percentage of the fair value of assets of the system on the last day of the fiscal year. The schedule also must include the net investment return for each asset class. In addition to being included in the annual report required by this subsection, the schedule of manager fees and expenses required by this item also must be published in a conspicuous location on the commission's website;
(e) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible; and
(f) a schedule of investment decisions that have been delegated from the commission to the chief investment officer to include the name, asset class, asset value, fees paid, and performance since inception by the manager.
(B) These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law.
HISTORY: 1998 Act No. 371, Section 2, eff May 26, 1998; 2005 Act No. 153, Pt IV, Section 2, eff July 1, 2005; 2017 Act No. 13 (H.3726), Pt. III, Section 9, eff July 1, 2017; 2019 Act No. 1 (S.2), Section 39, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 39, redesignated (A) as (A)(1), (B) as (2), (1) to (6) as (a) to (f), and the last undesignated paragraph as (B); and in (A)(1) and (2), substituted "President of the Senate" for "President Pro Tempore of the Senate".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 9 - Retirement Systems

Chapter 16 - Retirement System Funds

Section 9-16-10. Definitions.

Section 9-16-20. Investment and management authority of commission; holding assets in group trust under Section 401(a)(24) of the Internal Revenue Code.

Section 9-16-30. Delegation of functions by commission; standard of care; agent's duty and submission to jurisdiction.

Section 9-16-40. Standards for discharge of duty.

Section 9-16-50. Investment and management considerations by trustee; diversification; verification of facts; statement of investment objectives and policies.

Section 9-16-55. Investments in companies that in their operations are complicit with the government of Sudan in the Darfur genocide.

Section 9-16-60. Evaluation of fiduciary's compliance with law not to be hindsight; decision-making evaluated in context of whole portfolio.

Section 9-16-70. Liability for breach of duty; insurance by retirement system or fiduciary; disclosure of terms and conditions.

Section 9-16-80. Investment meetings of board or commission as executive sessions exempt from disclosure; records of meetings.

Section 9-16-90. Quarterly and annual investment reports; contents.

Section 9-16-100. Restrictions on lobbyists.

Section 9-16-315. Retirement System Investment Commission; membership; terms; qualifications; chief executive officer; chief investment officer and administrative staff; attorneys; costs and salary.

Section 9-16-320. Adoption of annual investment plan; quarterly review; deliberations in executive session; independent advisors.

Section 9-16-330. Statement of actuarial assumptions and investment objectives; delegation of final authority to invest; components of plan; diversification; verification of investment facts; analysis and recommendations.

Section 9-16-335. Assumed annual rate of return.

Section 9-16-340. Investment of retirement systems assets; annual investment plan; adoption and review.

Section 9-16-345. Minority and minority-owned business representation.

Section 9-16-350. Use of information for self-interest; blind trusts; violations; punishment; provisions cumulative with other laws.

Section 9-16-360. Standards of conduct for fiduciary or employee of fiduciary.

Section 9-16-370. Defense and indemnification of Retirement System Investment Commission members, officers, and management employees.

Section 9-16-380. Audit of Retirement System Investment Commission.

Section 9-16-710. Investment education services.