CO Code § 31-31-302 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 31 - Fire - Police - New Hire Pension Plans|Part 3 - Fire and Police Members' Benefit Fund|§ 31-31-302. Fund - Management - Investment - Definitions

     The board shall be the trustee of the fire and police members' benefit investment fund and shall have full and unrestricted discretionary power and authority to invest and reinvest such portions of the fund as in its judgment may not be immediately required for the payment of refunds or benefits. In exercising its discretionary authority with respect to the management and investment of fund assets, the board shall be governed by the standard and other provisions for trustees set forth in the “Colorado Uniform Prudent Investor Act”, article 1.1 of title 15, C.R.S.      If the board invests fund moneys through an investment firm offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the board whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the board and because of such agreement the investment firm: (b) (I) If the board invests fund moneys through an investment firm offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the board whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the board and because of such agreement the investment firm:   Had received compensation for investment services banking within the most recent twelve months; or    May receive compensation for investment banking services within the next three consecutive months.       For the purposes of this paragraph (b), “investment firm” means a bank, brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.          The board shall designate one or more financial institutions as custodians of the fund. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.    Disbursements from the fund shall be made, subject to the approval of the board, only for payment of the expenses of the association, refunds to the members, benefits, and investment purposes.       (Deleted by amendment,L. 97, p. 11, § 3, effective March 13, 1997.)    All transactions involving the purchase and sale of investments authorized in this section shall be effected on behalf of the association. To facilitate sale and exchange transactions, securities belonging to the association may be registered in the name of nominees in the discretion of the board and in accordance with standard business practices. All such nominees shall be bonded in such amounts as may be determined to be advisable by the board. Nothing in this subsection (6) shall preclude the board or its authorized agents from forming a corporation described in section 501 (c)(2) and (c)(25) of the federal “Internal Revenue Code of 1986”, 26 U.S.C. sec. 501 (c)(2) and (c)(25), as amended, with respect to the ownership of investments in real property.    The board shall submit an annual audit of the fund to the general assembly and the annual audit of the fund and annual actuarial study, with assumptions, to each employer. Each employer shall make the audit and study available for review by its members. Nothing in this subsection (7) shall be construed as diminishing the obligation of the board to provide any documentation required by the state auditor to carry out his or her responsibilities pursuant to section 2-3-103 (1), C.R.S., regarding state moneys held by the fire and police pension association.      As used in this subsection (8):   “Association” means the fire and police pension association.    “Investment” means the utilization of money or other assets in the expectation of future returns in the form of income or capital gain.    “Investment fiduciary” means a person who or entity that exercises any discretionary authority or control over an investment of the association or renders investment advice for the association for a fee or other direct or indirect compensation.    “Investment information” means information that has not been publicly disseminated or that is unavailable from other sources and includes information the release of which might cause an investment vehicle, an investment manager, a general partner, a fund sponsor, or an investment fiduciary significant competitive harm. Investment information includes, but is not limited to, financial performance data and projections, financial statements, lists of co-investors and their level of investment, portions of lists of current or projected investment opportunities that would cause competitive harm, product and market data, rent rolls, leases, other types of proprietary information, or documents and information that investors are legally required to maintain as confidential as a condition of performing due diligence or participating in an investment.    “Investment vehicle” means an entity in which an investment fiduciary has made or considered an investment on behalf of the association. Investment vehicles include but are not limited to sponsored funds, limited partnerships, and limited liability companies.    “Public record” means all or part of a writing, as defined in section 24-72-202 (6), C.R.S.       Subject to paragraph (c) of this subsection (8), a public record received, prepared, used, or retained by an investment fiduciary in connection with an investment or potential investment of the association that relates to investment information pertaining to an investment vehicle in which the investment fiduciary has invested or has considered an investment or that relates to investment information whether prepared by or for the investment fiduciary is exempt from the disclosure requirements of part 2 of article 72 of title 24, C.R.S.    If a public record described in paragraph (b) of this subsection (8) is an agreement or instrument to which the association is a party, only those parts of the public record that contain investment information, as defined in subparagraph (IV) of paragraph (a) of this subsection (8), are exempt from the disclosure requirements of part 2 of article 72 of title 24, C.R.S.    At least annually the board shall publish and make available to the public a report of its investments that includes the following:   The name of each investment vehicle in which the association invested during the reporting period;    The aggregate amount of money invested by the association in investment vehicles during the reporting period; and    The rate of return realized during the reporting period on the investments of the association in investment vehicles.           History. Source: L. 96: Entire article added with relocations, p. 900, § 1, effective May 23. L. 97: (1) and (4) to (6) amended, p. 11, § 3, effective March 13. L. 2003: (1) amended, p. 675, § 4, effective August 6; (7) amended, p. 1232, § 2, effective August 6. L. 2004: (1)(a) amended, p. 1204, § 75, effective August 4. L. 2005: (8) added, p. 26, § 1, effective March 11. L. 2006: (1)(a) amended, p. 188, § 12, effective March 31. L. 2012: (8)(a)(IV), (8)(a)(V), (8)(b), (8)(c), and (8)(d) amended,(HB 12-1077), ch. 26, p. 75, § 1, effective August 8.    Editor's note:   This section was formerly numbered as § 31-30-1012 (2) to (7) and (9).   ANNOTATION   Annotator's note. Since § 31-31-302 is similar to § 31-30-1012 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, a relevant case construing the provisions of that section has been included in the annotations to this section.   As trustee of the fire and police members' benefit fund, fund's administrative board must, as a matter of law, insure that beneficiaries of the fund receive the appropriate level of benefits provided by the local plan and, if necessary, investigate what benefits are “appropriate”. Pueblo v. Fire and Police Pension Ass'n, 827 P.2d 597 (Colo. App. 1992).