§ 105.688 — Investment fiduciaries, duties.

Missouri § 105.688

• Jurisdiction: Missouri
• Title VIII: PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
• Ch. 105: Public Officers and Employees — Miscellaneous Provisions

Text

The assets of a system may be invested, reinvested and managed by an investment fiduciary subject to the terms, conditions and limitations provided in sections 105.687 to 105.689 .  An investment fiduciary shall discharge his or her duties in the interest of the participants in the system and their beneficiaries and shall:

(1)  Act with the same care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a similar capacity and familiar with those matters would use in the conduct of a similar enterprise with similar aims;

(2)  Act with due regard for the management, reputation, and stability of the issuer and the character of the particular investments being considered;

(3)  Make investments for the purposes of providing benefits to participants and participants' beneficiaries, and of defraying reasonable expenses of investing the assets of the system;

(4)  Give appropriate consideration to those facts and circumstances that the investment fiduciary knows or should know are relevant to the particular investment or investment course of action involved, including the role of the investment or investment course of action plays in that portion of the system's investments for which the investment fiduciary has responsibility.  For purposes of this subdivision, "appropriate consideration" shall include, but is not necessarily limited to a determination by the investment fiduciary that a particular investment or investment course of action is reasonably designed, as part of the investments of the system, to further the purposes of the system, taking into consideration the risk of loss and the opportunity for gain or other return associated with the investment or investment course of action; and consideration of the following factors as they relate to the investment or investment course of action:

(a)  The diversification of the investments of the system;

(b)  The liquidity and current return of the investments of the system relative to the anticipated cash flow requirements of the system; and

(c)  The projected return of the investments of the system relative to the funding objectives of the system;

(5)  Give appropriate consideration to investments which would enhance the general welfare of this state and its citizens if those investments offer the safety and rate of return comparable to other investments available to the investment fiduciary at the time the investment decision is made; and

(6)  Not be prohibited from closing records to the extent that such records relate to information submitted by an individual, corporation, or other business entity in connection with investments in or financial transactions with business entities for investment purposes;

(7)  Not consider environmental, social, or governance characteristics in a manner that would override his or her fiduciary duties as defined in this section;

(8)  Not be subject to any legislative, regulatory, or other mandates to invest with environmentally, socially, or other noneconomically motivated influence unless they are consistent with the fiduciary's responsibility as provided in this section or as provided in the system's governing statutes with respect to the investment of system assets or other duties imposed by law relating to the investment, management, deposit, or custody of system assets; and

(9)  Not be subject to any legislative, regulatory, or other mandates for divestment from any indirect holdings in actively or passively managed investment funds or in private assets.

Legislative History

(L. 1987 S.B. 20 § 2, A.L. 2025 H.B. 147 merged with S.B. 71)