§ 7513.74. — 7513.74. (Amended by Stats. 2023, Ch. 159, Sec. 2.)

California § 7513.74.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 7.
• Title 1.: DIVISION 7. MISCELLANEOUS
• Ch. 21.: CHAPTER 21. Public Pension and Retirement Plans
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
As used in this section, the following terms have the following meanings:
(1)
“Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2)
“Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions.
(3)
“Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(4)
“Turkey”
means the Republic of Turkey.
(b)
Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)
The investment vehicle is issued by the government of Turkey.
(2)
The investment vehicle is owned by the government of Turkey.
(c)
The board shall liquidate investments as described in subdivision (b), within 18
months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)
Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)
A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)
A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of
a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination.
(e)
Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)
(1)
Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the
divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)
On or before January 1, 2035, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)
A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)
This section shall be repealed on the earlier of the following dates:
(1)
Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian
Genocide.
(2)
January 1, 2035.

Legislative History

Amended by Stats. 2023, Ch. 159, Sec. 2. (SB 885) Effective January 1, 2024. Conditionally repealed on or before January 1, 2035, as prescribed by its own provisions.