Sec. 22. (a) Except as provided in sections 24 and 25 of this chapter, if a company continues to have scrutinized active business operations one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to the company under section 20 of this chapter, the fund shall sell, redeem, divest, or withdraw all publicly traded securities of the company that are held by a fund, as follows:

(1) At least fifty percent (50%) of the securities shall be removed from a fund’s assets under management within three (3) years after the company’s appearance on the scrutinized company list.

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Terms Used In Indiana Code 5-10.2-10-22

  • active business operations: means all business operations that are not inactive business operations. See Indiana Code 5-10.2-10-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 5-10.2-10-3
  • business operations: means engaging in any commerce in any form in a state that sponsors terror. See Indiana Code 5-10.2-10-4
  • company: means any of the following:

    Indiana Code 5-10.2-10-5

  • cost of divestment: means the sum of the following:

    Indiana Code 5-10.2-10-6

  • fund: refers to the following:

    Indiana Code 5-10.2-10-8

  • scrutinized company: means a company that meets any of the following criteria:

    Indiana Code 5-10.2-10-13

  • state sponsor of terror: means a country determined by the Secretary of State of the United States to have repeatedly provided support for acts of international terrorism. See Indiana Code 5-10.2-10-15
  • system: refers to the Indiana public retirement system established by Indiana Code 5-10.2-10-16.5
(2) At least seventy-five percent (75%) of the securities shall be removed from a fund’s assets under management within four (4) years after the company’s appearance on the scrutinized company list.

(3) One hundred percent (100%) of the securities shall be removed from a fund’s assets under management within five (5) years after the company’s appearance on the scrutinized company list.

     (b) If a company that ceased scrutinized active business operations following engagement under section 20 of this chapter resumes scrutinized active business operations, the company shall immediately be placed on the scrutinized company list and shall remain on the scrutinized company list while the company continues to have active business operations. If a fund has holdings in the company, the fund (before July 1, 2011) or the system shall send a written notice to the company as described in section 20 of this chapter indicating that the company has been placed on the scrutinized company list and is subject to divestment. The fund (before July 1, 2011) or system shall sell, redeem, divest, or withdraw all publicly traded securities of the company as provided in subsection (a) based on the date the company is placed back on the scrutinized company list.

     (c) The board is not required to divest the board’s holdings in a passively managed commingled fund that includes a scrutinized company with active business operations in a state sponsor of terror if the estimated cost of divestment of the commingled fund is greater than ten percent (10%) of the total value of the scrutinized companies with active business operations held in the commingled fund. The board shall include any commingled fund that includes a scrutinized company that is exempted from divestment under this subsection in the board’s report submitted to the legislative council under section 26 of this chapter.

As added by P.L.67-2009, SEC.1. Amended by P.L.35-2012, SEC.75.

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