SENATE AMENDED
        PRIOR PRINTER'S NOS. 2857, 3009, 3170         PRINTER'S NO. 3265

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2114 Session of 1984


        INTRODUCED BY PIEVSKY, MAY 1, 1984

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 19, 1984

                                     AN ACT

     1  Making appropriations from the State Employees' Retirement Fund
     2     to provide for expenses of the State Employees' Retirement
     3     Board for the fiscal year July 1, 1984 to June 30, 1985 and
     4     for the payment of bills incurred and remaining unpaid at the
     5     close of the fiscal year ending June 30, 1984.; and providing  <--
     6     for investments in Pennsylvania industries.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  (a)  The sum of $5,630,000, or as much thereof as
    10  may be necessary, is hereby specifically appropriated from the
    11  State Employees' Retirement Fund to the Public School STATE       <--
    12  Employees' Retirement Board for the fiscal year beginning July
    13  1, 1984 and for the payment of bills incurred and remaining
    14  unpaid at the close of the fiscal year ending June 30, 1984 for
    15  the payment of all salaries, wages and other compensation and
    16  travel expenses of the employees and members of the State
    17  Employees' Retirement Board, for contractual services and other
    18  expenses necessary for the proper conduct of the duties,
    19  functions and activities of the board and for the payment of

     1  bills incurred and remaining unpaid at the close of the fiscal
     2  year ending June 30, 1984.
     3     (b)  The sum of $317,000, or as much thereof as may be
     4  necessary, is hereby specifically appropriated from the State
     5  Employees' Retirement Fund to the State Employees' Retirement
     6  Board for fiscal year July 1, 1984 to June 30, 1985 for attorney
     7  fees payable in accordance with a consent decree and court order
     8  concerning the McKenna-Weir and Catania cases.
     9     SECTION 2.  (A)  NO MONEYS SHALL BE USED FOR PAYMENT OF BILLS  <--
    10  INCURRED AND REMAINING UNPAID AT THE CLOSE OF THE FISCAL YEAR
    11  ENDING JUNE 30, 1984 INVOLVING THE INTERNAL CONTROL AND
    12  INVESTMENT PERFORMANCE AUDIT OF THE STATE EMPLOYEES' RETIREMENT
    13  SYSTEM AS REQUIRED BY THE AUDITOR GENERAL.
    14     (B)  WHEN AN INTERNAL CONTROL AND INVESTMENT PERFORMANCE
    15  AUDIT OF THE STATE EMPLOYEES' RETIREMENT SYSTEM IS REQUIRED BY
    16  THE AUDITOR GENERAL IN A FISCAL YEAR IN WHICH THE EXPENSE OF
    17  SUCH AN AUDIT HAS NOT BEEN BUDGETED FOR BY THE STATE EMPLOYEES'
    18  RETIREMENT BOARD, THE EXPENSE OF THE AUDIT SHALL BE BORNE BY THE
    19  DEPARTMENT OF THE AUDITOR GENERAL AND THE AUDITOR GENERAL SHALL
    20  BE REQUIRED TO REQUEST FROM AND JUSTIFY TO THE GENERAL ASSEMBLY
    21  A SPECIAL APPROPRIATION TO THE DEPARTMENT OF THE AUDITOR GENERAL
    22  OUT OF THE GENERAL FUND FOR THAT PURPOSE.
    23     Section 2 3.  Any additional funds necessary to fulfill        <--
    24  contractual agreements for the management of investments are
    25  hereby appropriated.
    26     Section 3.  (a)  The board shall, within six months of the     <--
    27  effective date of this act, detail a program of investment for
    28  the economic redevelopment and capitalization of Pennsylvania
    29  industries. Recognizing the initial duty of the fund to prudent
    30  investments which protect the pensions of retirees, the General
    19840H2114B3265                  - 2 -

     1  Assembly requires the board to invest an equity interest in
     2  venture capital limited partnerships and participate in private
     3  placement separate accounts. Investments in venture capital
     4  limited partnerships and private placement separate accounts
     5  shall:
     6         (1)  Enhance the general welfare of the State and its
     7     citizens through economic development.
     8         (2)  Limit the liability of the retirement fund only to
     9     the extent of the investment.
    10         (3)  Provide that the management of the venture capital
    11     limited partnership and the private placement separate
    12     account rests solely with the general partner or manager who
    13     shall be a professional investment manager.
    14     (b)  Investments made pursuant to this section for venture
    15  capital limited partnerships shall not be less than 1% nor more
    16  than 2% of the value of the fund. Investments for private
    17  placement separate accounts shall not be less than 1% of the
    18  value of the fund. The value of the fund shall be the total book
    19  value of the fund on the effective date of this section.
    20     (c)  The investments authorized by this section shall be made
    21  by the board over a three-year period. The board shall file an
    22  annual report on these investments with the General Assembly.
    23  Included in the report shall be information on how the board
    24  exercised its stewardship on behalf of Pennsylvania industries
    25  over the past three years. This report shall also detail how the
    26  board intends to use fund assets for the benefit of jobs in
    27  Pennsylvania.
    28     SECTION 4.  SECTION 2 OF THIS ACT SHALL BE RETROACTIVE TO      <--
    29  JULY 1, 1983.
    30     Section 4 3 5.  This act shall take effect July 1, 1984, or,   <--
    19840H2114B3265                  - 3 -

     1  if enacted subsequent to that date, then immediately.




















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