Current through Register Vol. 28, No. 3, September 1, 2024
7.1
Investment Objectives. The Reserve Accounts have been established to provide
funding over an intermediate horizon but must be available to meet
unanticipated operating requirements of the State as they arise. The primary
investment objectives are to maintain the safety of and maximize the return on
such funds. Liquidity of such funds is a secondary consideration, but Reserve
Managers are expected to invest State Funds in a manner to mitigate losses in
connection with the need to liquidate investments for unforeseen operating
requirements.
7.2 Maturity
Restrictions. The maximum maturity for any investment of State Funds in the
Reserve Accounts shall be ten years and one month from the date of
settlement.
7.3 Permissible
Investments and Percentage of Account Limitations. State Funds held in Reserve
Accounts can be invested solely in the types of securities set out in this
subsection 7.3. Each Reserve Manager is further subject to limit the aggregate
value of State Funds invested in each type of security held in the account
under such manager's discretion to the "Percentage Limit" of such security type
identified in this subsection 7.3, measured as a percentage of the total
Reserve Account value of State Funds under such manager's discretion.
7.3.1 United States Treasury Obligations
7.3.1.1 Definition: Bills, bonds, and notes
issued by the U.S. Treasury.
7.3.1.2 Percentage Limit: No
Limit.
7.3.2 United
States Government Agency Obligations
7.3.2.1
Definition: Any obligation of, or obligation that is insured as to principal
and interest by, the U.S. or any agency or corporation thereof (excluding
bills, bonds and notes issued by the U.S. Treasury), and any obligation and
security of U.S.-sponsored enterprises, limited to the Export-Import Bank of
the United States, Farmers Home Administration, Federal Farm Credit Banks,
Federal Home Loan Banks, Federal Home Loan Mortgage Corporation, Federal Land
Banks, Government National Mortgage Association, and the Federal National
Mortgage Association.
7.3.2.2
Percentage Limit: 50% total; 20% in any one issuer.
7.3.3 Certificates of Deposit and Time
Deposits
7.3.3.1 Definition: Certificates of
deposit and time deposits denominated in U.S. dollars and issued or endorsed by
either (i) a bank or a savings and loan association organized and supervised
under federal or any state laws and regulated by the Federal Reserve or a trust
company which is a member of the Federal Reserve system or (ii) a bank
organized and supervised under the laws of Japan, Canada, United Kingdom, the
Netherlands, Germany, France, Switzerland, Australia, New Zealand, Sweden, or
Norway. Any such banking institution must have assets of not less than $100
billion and be rated not lower than A1/P-1/F1 Short Term by at least two
NRSROs.
7.3.3.2 Percentage Limit:
50% in total (domestic & non-domestic combined); 25% in all non-domestic
banking institutions; 5% in any one issuer.
7.3.4 Corporate Debt Instruments
7.3.4.1 Definition: Commercial paper,
variable rate notes, and non-convertible bonds and debentures denominated in
U.S. dollars and issued by a U.S. corporation or a non-domestic corporation
subject to the laws of Japan, Canada, United Kingdom, the Netherlands, Germany,
France, Switzerland, Australia, New Zealand, Sweden, or Norway; provided that
such securities must be rated by at least two NRSROs and (i) in the case of
commercial paper, must be rated not lower than "A-2" by S&P, "P-2" by
Moody's and "F2" by Fitch and the senior long-term debt of the issuer must be
rated not lower than "A-" by S&P, "A3" by Moody's and "A-" by Fitch
(excluding asset-backed commercial paper that is rated A1 or better) and (ii)
in the case of notes, bonds and debentures, must be rated not lower than "A-"
by S&P, "A3" by Moody's and "A-" by Fitch; provided that, any security that
meets the foregoing rating standards and is backed fully by an irrevocable,
unconditional letter of credit issued by a banking institution shall not be
permissible hereunder unless such banking institution meets the definition of
subsection 7.3.3.1 (in which case, any such securities will be deemed to be
securities of both the corporate issuer and the banking institution for
purposes of calculating the Percentage Limits set forth in subsections 7.3.4.2
and 7.3.3.2, respectively).
7.3.4.2
Percentage Limit: 50% in total; 25% in all non-domestic corporations; 25% in
any one industry; 5% in any one issuer. Notwithstanding the foregoing, absent
written permission from OST and prior Board approval, private placement
securities otherwise authorized under subsections 7.3.4.1 and 11.1.7 may not
exceed 15% of any Reserve Account.
7.3.5 Repurchase Agreements
7.3.5.1 Definition: Securities permissible
pursuant to subsections 7.3.1 and 7.3.2 acquired from a primary dealer
designated by the NY Federal Reserve Bank, or a domestic bank which meets the
definition set out in subsection 7.3.3.1, subject to a written repurchase
agreement from such dealer or bank; provided that, (i) in the case of
securities held in book-entry form in the Federal Reserve System, all
deliveries of such securities must be made through the Federal Reserve
book-entry system to an account designated by the State's custodian or such
purpose and (ii) in the case of securities held in certificated form, all
deliveries of such securities must be made must be made to such address as
designated by the State's custodian.
7.3.5.2 Percentage Limit: 50% in total;
provided that any securities purchased subject to repurchase agreements shall
be subject to the respective Percentage Limit for such security type as set
forth in this subsection 7.3 and valued for such purposes at the lesser of fair
market value and 102 percent of the maturity value of the securities pursuant
to the repurchase agreement and marked-to-the-market daily as requested by the
investment manager.
7.3.6
Money Market Funds
7.3.6.1 Definition:
Open-end money market mutual funds that are invested solely in government
securities (as defined in subsections 7.3.1 and 7.3.2) and which are rated in
the highest rating category by at least one NRSRO.
7.3.6.2 Percentage Limit: 100% in
total.
7.3.7 Canadian
Treasury Bills
7.3.7.1 Definition: Marketable
securities issued by the government of Canada, provided that such securities
are U.S. dollar denominated.
7.3.7.2 Percentage Limit: 25% in
total.
7.3.8 Canadian
Agency Securities
7.3.8.1 Definition: Any
obligation of any Canadian government-sponsored agency that is insured as to
principal and interest by the Canadian Government; provided that the obligation
is U.S. dollar denominated commercial paper having a maximum maturity of 270
days from the date of settlement.
7.3.8.2 Percentage Limit: 25% in total; 10%
in any one agency.
7.3.9
Mortgage-Backed Securities
7.3.9.1
Definition: Government National Mortgage Association, Federal National Mortgage
Association or Federal Home Loan Mortgage Corporation mortgage-backed
securities issued in the form of pass-throughs; provided that they have (i)
been issued and guaranteed by the US Government or Government Agency and (ii)
an average life not to exceed ten years (from the date of settlement of
purchase).
7.3.9.2 Percentage
Limit: 10% in total, including securities defined in subsection
7.3.10.1.
7.3.10 Asset
Backed Securities
7.3.10.1 Definition:
Securities collateralized by pools of auto loan receivables, credit card
receivables, and equipment loans; provided that (i) such securities have the
highest credit rating from at least two NRSROs and (ii) an average life not to
exceed two years from the date of settlement (unless such securities are
subject to periodic reset of coupon or interest rate, in which case the average
life may not exceed three years from the date of settlement).
7.3.10.2 Percentage Limit: 10% in total,
including securities defined in subsection 7.3.9.1.
7.3.11 Municipal Obligations
7.3.11.1 Definition: Taxable and tax-exempt
securities issued by state and local governments and public authorities in the
U.S., excluding securities issued by the State of Delaware, its local
governments and public authorities; provided that such securities must be rated
by at least two NRSROs and must be rated not lower than "A-" by S&P, "A3"
by Moody's and "A-" by Fitch.
7.3.11.2 Percentage Limit: 20% in total; 5%
in any one issuer.
7.3.12
Supranational Organizations or International Agencies
7.3.12.1 Definition: Any obligation issued by
a supranational organization or international agency denominated in U.S.
dollars under U.S. securities law for sale in the United States as well as
globally; provided that such obligation is rated by at least two NRSROs and
must not be rated lower than "A-" by S&P, "A3" by Moody's and "A-" by
Fitch. Supranational organizations include, but are not limited to, the World
Bank, Asian Development Bank, Inter-American Development Bank, International
Bank for Reconstruction and Development, International Finance Corporation, and
the Agency for International Development.
7.3.12.2 Percentage Limit: 25% in total, 10%
in any one agency.