N.Y.
Workers' Compensation Law Section 87-I
New York state insurance fund MWBE asset management and financial institution strategy
1.
Within the discretion of the commissioners of the state insurance fund and in accordance with and subject to their fiduciary duty and obligations as trustees of the state insurance fund and to the beneficiaries of such fund and such other investment limitations as may be prescribed by this chapter, the commissioners are authorized to establish an MWBE asset management and financial institution strategy including reasonable goals for utilization of MWBE asset managers, MWBE financial institutions and MWBE financial and professional service firms, which strategy shall include, but shall not be limited to, the following objectives:(a)
investing assets of the state insurance fund with MWBE asset managers;(b)
subject to best execution, (1) conducting trades of public equity securities with MWBE financial institutions; and(2)
conducting trades of fixed-income securities through MWBE financial institutions;(c)
allocating investments of assets of the state insurance fund either through (1) direct investments in the equities and debt securities of MWBEs; or(2)
indirectly through special programs involving MWBE asset managers; and(d)
awarding contracts for accounting, banking, financial advisory, insurance, legal, research, valuation and other financial and professional services to MWBE financial institutions and other MWBE professional service firms. As used in this section, the terms “MWBE asset manager”, “MWBE financial institutions”, “MWBE”, “fiduciary-controlled entities” and “best execution” shall have the meanings specified in Retirement & Social Security Law § 176 (Definitions)section one hundred seventy-six of the retirement and social security law and shall be certified in a manner consistent with the provisions of subdivision three of Retirement & Social Security Law § 423-C (MWBE asset management and financial institution strategy)section four hundred twenty-three-c of the retirement and social security law.2.
The commissioners are also authorized to:(a)
periodically advertise the existence of such strategy so that MWBE asset managers, MWBE financial institutions and other MWBE professional service firms are made aware of the opportunities made available pursuant to this strategy;(b)
within sixty days of the end of each fiscal year following the effective date of this section, the commissioners shall report to the governor, the legislature and the chief diversity officer of the state of New York on the participation of MWBE asset managers, MWBE financial institutions and MWBE professional service providers in investment and brokerage transactions with or as providers of services for the state insurance fund, including a comparative analysis of such activity relative to such activity with all asset managers, financial institutions and professional service providers for the relevant period and on the progress and success of the efforts undertaken during such period to achieve the goals of such strategy. Each report shall be simultaneously published on the website of the state insurance fund for not less than sixty days following its release to the governor and the other recipients named above;(c)
work with the other fiduciary-controlled entities to create a database of such MWBE entities; and(d)
periodically, but not less than annually, hold a conference to promote such strategy in conjunction with the other fiduciary-controlled entities.
Source:
Section 87-I — New York state insurance fund MWBE asset management and financial institution strategy, https://www.nysenate.gov/legislation/laws/WKC/87-I (updated Sep. 22, 2014; accessed May 4, 2024).
