13 - Management of fund.

§ 13. Management of funds. a. The funds of the retirement system shall  be managed in accordance with this section.    b.  The  comptroller  shall  be  trustee  of  the several funds of the  retirement system. Such funds shall be invested by  the  comptroller  in  securities  in  which he is authorized by law to invest the funds of the  state, except that he may invest in  obligations  consisting  of  notes,  bonds,  debentures,  or  equipment  trust  certificates  issued under an  indenture, which are the direct  obligations  of,  or  in  the  case  of  equipment  trust  certificates  are  secured by direct obligations of, a  railroad or industrial corporation, or a  corporation  engaged  directly  and  primarily  in the production, transportation, distribution, or sale  of electricity or gas,  or  the  operation  of  telephone  or  telegraph  systems  or  waterworks,  or  in  some combination of them; provided the  obligor corporation is one which is incorporated under the laws  of  the  United States, or any state thereof, or of the District of Columbia, and  said obligations shall be rated at the time of purchase within the three  highest  classifications  established  by  at  least two standard rating  services. The maximum amount that the comptroller  may  invest  in  such  obligations  shall not exceed thirty per centum of the assets of the New  York state employees' retirement system's funds;  and  provided  further  that  not more than two and one half per centum of the assets of the New  York state employees' retirement system's funds shall be invested in the  obligations of any one corporation of  the  highest  classification  and  subsidiary or subsidiaries thereof, that not more than two per centum of  the  assets  of  the New York state employees' retirement system's funds  shall be invested in the obligations  of  any  one  corporation  of  the  second  highest  classification  and subsidiary or subsidiaries thereof,  that not more than one and one half per centum of the assets of the  New  York state employees' retirement system's funds shall be invested in the  obligations  of  any one corporation of the third highest classification  and subsidiary or subsidiaries thereof. He shall, however, be subject to  all terms, conditions, limitations  and  restrictions  imposed  by  this  article  and by law upon the making of such investments. The comptroller  shall have full power:    1. To hold, purchase, sell, assign, transfer or dispose of any of  the  securities  or  investments, in which any of the funds of the retirement  system shall be invested, including the proceeds of such investments and  any monies belonging to such funds, and    2. In his name as trustee, to foreclose mortgages upon default  or  to  take  title  to real property in such proceedings in lieu thereof and to  lease and sell real property so acquired.    c. The comptroller annually shall credit to each of the funds  of  the  retirement  system  regular  interest on the mean amount therein for the  preceding year.    d. The custody of all funds of the retirement system shall be  in  the  charge  of the head of the division of the treasury of the department of  taxation and finance, subject to the  supervision  and  control  of  the  commissioner of taxation and finance.    e. Payment of all pensions, annuities and other benefits shall be made  as  provided  in  this article. For the purpose of meeting disbursements  for pensions, annuities and other payments ordered by  the  comptroller,  the  head  of  such division may keep on deposit an available fund which  shall not exceed ten per centum of the total amount of the several funds  of the retirement system. Every such deposit shall be  kept  only  in  a  bank  or  trust  company organized under the laws of this state, or in a  national bank located  in  this  state,  which  shall  furnish  adequate  security therefor.f.  The  comptroller,  however,  shall  have  a  fund in his immediate  possession. Such fund shall be used for the immediate payment of:    1. All pensions, annuities and other benefits, and    2.  Such  expenses  as  may  necessarily  be  incurred  in  acquiring,  servicing and foreclosing  mortgages  and  in  acquiring,  managing  and  protecting investments, and    3.  Such  special expenditures for which the retirement system will be  paid by the state or a participating employer.    Such fund shall be reimbursed from time to time by the  head  of  such  division on the warrant of the comptroller.    g.  Neither the comptroller nor any person employed on the work of the  retirement system shall:    1. Except as herein provided, have any interest, direct  or  indirect,  in the gains or profits of any investment of the retirement system, nor,  in  connection  therewith,  directly  or  indirectly, receive any pay or  emolument for his services.    2. Except as provided in section fifty of this article:    (a) Directly or indirectly, for himself or as an agent or  partner  of  others,  borrow  any  of  its funds or deposits or in any manner use the  same  except  to  make  such  current  and  necessary  payments  as  are  authorized by the comptroller, or    (b)  Become  an endorser, surety or an obligor in any manner of monies  loaned by or borrowed of such funds.    h. The retirement system may use a part of its  funds,  not  exceeding  ten  per  centum of its assets, (1) for purchasing or leasing of land in  the city of Albany and the construction thereon  of  a  suitable  office  building  or  buildings  for  the  transaction  of  the  business of the  retirement system and (2) for purchasing  or  leasing  of  land  in  the  cities of Albany, Syracuse, Buffalo, Binghamton, New York, Rochester and  Utica  and  the  construction  thereon  of a suitable office building or  buildings for purposes of lease  or  sale  to  the  state  and  (3)  for  purchasing  or  leasing  of  land in the city of Albany on the north and  south sides of Washington avenue commonly known  as  the  "Campus  Site"  acquired  by  the  state  for  a  state  buildings  site pursuant to the  provisions of chapter five hundred seventy-two of the laws  of  nineteen  hundred  forty-seven  and  the  construction  thereon  of  power  plants  including service connections, electric  substations  including  service  connections,   garages,  warehouses  and  restaurant  facilities  deemed  necessary for the efficient  and  economical  operation  of  the  office  building or buildings constructed on such land and (4) for purchasing or  leasing of land in the city of Albany acquired by the state for suitable  parking  facilities  for the use primarily of employees of the state and  persons having business with state departments and  state  agencies  and  the   construction   thereon   of  such  structures,  appurtenances  and  facilities deemed necessary for the efficient and  economical  operation  of  the  parking  facilities  constructed  on  such  land  and  (5)  for  purchasing or leasing  of  land  in  locations  approved  by  the  state  university  trustees  and the construction, acquisition, reconstruction,  rehabilitation  or  improvement  of  suitable  buildings  or  facilities  thereon   for  purposes  of  lease  or  sale  to  the  state  university  construction fund, such buildings or facilities to be used by the  state  university  or  by  state-operated institutions or statutory or contract  colleges under the jurisdiction  of  the  state  university  or  by  the  students,  faculty  and  staff  of  the  state university or of any such  state-operated institution or statutory or contract college,  and  their  families and (6) for purchasing of lands from the New York state thruway  authority  and  the  construction thereon of an office building or other  buildings for purposes of lease or sale to the thruway authority for itsown use under such terms and  conditions,  including  consideration  and  length  of  term,  as shall be agreed upon between the retirement system  and the thruway authority.    The retirement system from time to time may lease to any public agency  any  portion  of  a  building  constructed  for  the  transaction of its  business which may not be required for such purpose, upon such terms and  conditions as shall be deemed  to  be  for  the  best  interest  of  the  retirement system.    Real  property  of  the  retirement  system  acquired  or  constructed  pursuant to this subdivision shall be exempt from taxation.    i. At the close of each fiscal year, the average  rate  of  investment  earnings  of  the retirement system shall be computed by the actuary and  certified to the comptroller. This rate shall  be  determined  from  the  investment  earnings  during  the calendar year which ended three months  prior to the close of the fiscal year. For any year  that  such  average  rate  of  earnings is in excess of three per centum but not in excess of  four per centum,  the  comptroller  shall  declare  a  rate  of  special  interest,  for  members  earning  regular  interest of three per centum,  equal to the difference between such average rate of earnings and  three  per  centum  expressed to the lower one-tenth of one per centum, but not  in excess of one per centum. For any year, commencing  with  the  fiscal  year  the  first  day of which is April first, nineteen hundred seventy,  that such average rate of earnings is in excess of four per centum,  the  special  rate  of interest for members earning regular interest of three  per centum shall be equal to the difference between such average rate of  earnings and three per centum expressed to the lower  one-tenth  of  one  per centum, but not in excess of two per centum, and for members earning  regular  interest of four per centum, it shall be the difference between  such average rate of earnings and four  per  centum,  expressed  to  the  lower  one-tenth of one per centum, but not in excess of one per centum.  Special interest at such rates, shall be credited by the comptroller  at  the  same  time  that  regular  interest  is credited, to the individual  annuity savings accounts of persons who are members as of the  close  of  the fiscal year. Special interest shall not be considered in determining  rates of contribution of members. In the case of persons who last became  members  on  or  after  July  first, nineteen hundred seventy-three, the  provisions of this subdivision shall apply  only  to  the  fiscal  years  beginning  April  first,  nineteen  hundred seventy-two and ending March  thirty-first, nineteen hundred seventy-three.    j. The retirement system may invest, within the limitations authorized  for investments in conventional mortgages, a part of its funds in  first  mortgages on real property located anywhere within the boundaries of the  United  States  and  leased  to  the  government  of  the United States,  provided however, that no such investment shall be made unless the terms  of the mortgage shall provide for amortization  payments  in  an  amount  sufficient  to  completely  amortize  the  loan within the period of the  lease.    k. The funds of the retirement system may be invested in the  purchase  of promissory notes or bonds from the farmers home administration issued  in  connection  with  the  purchase  or improvement of real property and  which are insured by the farmers home administration.