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County Employees Retirement Law of 1937 (CERL) - sdcera

County Employees Retirement Law of 1937 (CERL) - sdcera

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transaction when prudent in the informed opinion <strong>of</strong> the board.<br />

The board and its <strong>of</strong>ficers and employees shall discharge their duties with respect to the<br />

system:<br />

(a) Solely in the interest <strong>of</strong>, and for the exclusive purposes <strong>of</strong> providing benefits to,<br />

participants and their beneficiaries, minimizing employer contributions thereto, and defraying<br />

reasonable expenses <strong>of</strong> administering the system.<br />

(b) With the care, skill, prudence, and diligence under the circumstances then prevailing<br />

that a prudent person acting in a like capacity and familiar with these matters would use in the<br />

conduct <strong>of</strong> an enterprise <strong>of</strong> a like character and with like aims.<br />

(c) Shall diversify the investments <strong>of</strong> the system so as to minimize the risk <strong>of</strong> loss and to<br />

maximize the rate <strong>of</strong> return, unless under the circumstances it is clearly prudent not to do so.<br />

(Repealed and Added by Stats. 1984, Ch. 1738, Sec. 7, Effective September 30, 1984)<br />

§31595.1. <strong>County</strong> treasurer; control <strong>of</strong> retirement system funds<br />

(a) The board may authorize the treasurer to control and safely keep some or all <strong>of</strong><br />

the moneys <strong>of</strong> the retirement system. If authorized, the treasurer may invest and reinvest the<br />

moneys, and may from time to time sell any securities belonging to the system and may invest<br />

and reinvest the proceeds therefrom. An investment in or sale <strong>of</strong> securities shall not be made<br />

except upon the authorization <strong>of</strong> the board.<br />

(b) The board, in lieu <strong>of</strong> acting pursuant to subdivision (a), may delegate to another<br />

entity some or all <strong>of</strong> the powers prescribed in that subdivision.<br />

(Repealed and added by Stats. 1984, Ch. 1738, Sec. 9, Effective September 30, 1984)<br />

(Amended by Stats. 1995, Ch. 584 (A.B. 1021), Sec. 7)<br />

§31595.41. Validation <strong>of</strong> acts; exchange-traded call options<br />

All acts made or done by the board or its <strong>of</strong>ficers and employees, on or after January 1,<br />

1983, and until the effective date <strong>of</strong> this section, with respect to exchange-traded call options<br />

and related matters, which would have been valid if Section 31595.4, as amended by Section 1<br />

<strong>of</strong> the act which enacts this section, had been in effect at the time the acts were made or done<br />

are hereby ratified, confirmed, and validated.<br />

(Added by Stats. 1983, Ch. 130, Sec. 2)<br />

§31595.9. Investments in repurchase agreements or reverse repurchase agreements<br />

Notwithstanding the provisions <strong>of</strong> Section 31595, in addition to other investments<br />

authorized by this article, funds received by the county treasurer not required for current<br />

disbursements may be invested in repurchase agreements or reverse repurchase agreements <strong>of</strong><br />

any securities authorized by this article.<br />

For purposes <strong>of</strong> this section, “repurchase agreement’ means a purchase <strong>of</strong> securities by<br />

the board pursuant to an agreement by which the seller will repurchase the securities on or<br />

before a specified date and for a specified amount.<br />

For purposes <strong>of</strong> this section, “reverse repurchase agreement” means a sale <strong>of</strong> securities<br />

by the board pursuant to an agreement by which the board will repurchase the securities on or<br />

before a specified date and for a specified amount.<br />

(Added by Stats. 1983, Ch. 534, Sec. 2)<br />

§31596. Sale <strong>of</strong> securities; treasurer’s duties and liabilities; custodian <strong>of</strong> securities<br />

(a) When securities belonging to or held for the retirement association are sold, the<br />

county treasurer shall deliver the securities to the purchaser upon receiving the proceeds,<br />

and may execute any and all documents necessary to transfer title. The duties imposed<br />

135<br />

Article 5, §31595. - §31596.

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