NY Ret & SS L § 176 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 4-A - Investments of Public Pension Funds 176 - Definitions.

§  176.  Definitions.  1.  The  term  "fund",  as used in this article four-a, shall mean any public retirement system or  pension  fund  which grants  retirement  or  pension benefits to employees of the city of New York, employees of the state of New York, employees of any department or agency of the city of New York or the state of New York,  and  employees of any municipality or other participating employer participating in the New  York  state  and local employees' retirement system or the New York state and local police and fire retirement system.   2. The term "conventional mortgage", as used in this  article  four-a, shall  mean  (a)  any  single  bond  and  mortgage  or note and mortgage constituting  a  first  lien  upon  real  estate  (including   leasehold estates), not insured by the federal housing administrator or any of his successors  in  office  or  guaranteed  by  the  United States under the provisions of the national housing act, as amended or supplemented,  (b) first  mortgage  bonds issued under an indenture of mortgage and deed of trust, constituting a first lien upon real estate  (including  leasehold estates), and issued to a corporate trustee authorized to act as such in this state and approved by the fund.   3.  The term "insured mortgage", as used in this article four-a, shall mean any single bond and mortgage or note and  mortgage  constituting  a first  lien  upon  real estate (including leasehold estates), insured by the federal housing administrator or any of his successors in office and guaranteed by the United States under the  provisions  of  the  national housing act, as amended or supplemented.   4. The term "MWBE asset manager" shall mean an asset manager in any of the  following  asset classes: public equity or fixed income securities, hedge funds, fund of hedge  funds,  private  equity  (including  venture capital),  fund  of  private equity funds, real estate investment funds, fund of real estate funds,  or  any  other  asset  class  for  which  an applicable  fiduciary-controlled  entity engages external asset managers that is (a) a MWBE; and (b) a registered investment  advisor  or  exempt from  such  registration and (c) certified pursuant to the provisions of subdivision  three  of  section  four  hundred  twenty-three-c  of  this chapter.   5. The term "minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:  (a)  Black  persons  having origins in any of the black African racial groups;  (b) Hispanic persons  of  Mexican,  Puerto  Rican,  Dominican,  Cuban, Central   or  South  American  of  either  Indian  or  Hispanic  origin, regardless of race;  (c) Native American or Alaskan native persons having origins in any of the original peoples of North America; or  (d) Asian and Pacific Islander persons having origins in  any  of  the Far  East  countries,  South  East  Asia, the Indian subcontinent or the Pacific Islands.   6. The term "MWBE" for the purpose of engaging in  business  with  the fiduciary-controlled  entities covered by this section, means a business enterprise,  including  without  limitation,  a   sole   proprietorship, partnership, limited partnership, limited liability partnership, limited liability  company, corporation or other similar entity whether domestic or foreign, that is:  (a)(i) at least fifty-one percent owned by (A) one  or  more  minority group  members,  or  (B)  one  or  more  women,  in  each case, who have significant experience in asset management, brokerage,  other  financial services  or related professional services such as accounting, valuation or legal services, or (ii) substantially owned and/or operated by  women  or  minority  group  members  who  have  significant experience in asset management, brokerage, other financial services or related  professional services such as accounting, valuation or legal services;  (b)  an  enterprise  in  which  such  minority  or  women ownership or operation is real, substantial and continuing;  (c) an enterprise  in  which  such  minority  or  women  ownership  or operation  has  and exercises the authority to control independently the day-to-day business decisions of the enterprise;  (d) an enterprise authorized to do business in this state; and  (e) an enterprise certified  by  the  state  comptroller  pursuant  to section four hundred twenty-three-c of this chapter.   7.  The term "MWBE financial institution" shall mean (a) as it relates to brokerage services, a  registered  broker  dealer  that  is  an  MWBE certified  pursuant  to  the  provisions of subdivision three of section four hundred twenty-three-c of this chapter and (b) as it relates to any other financial services, an MWBE certified pursuant to  the  provisions of  subdivision  three  of  section  four hundred twenty-three-c of this chapter that provides banking, financial advisory, insurance,  financial research, valuation or other financial services.   8.  The  term  "fiduciary-controlled  entities"  shall mean the common retirement fund, state teachers retirement fund,  state  insurance  fund and state deferred compensation plan.   9.  The  term  "best  execution"  shall  refer to the obligation of an entity that purchases or sells publicly-traded securities to ensure  the optimal  mix  of  price  improvement  (getting  a  better  price than is currently quoted), speed and likelihood of execution.