Current through Register Vol. 56, No. 18, September 16, 2024
(a) A
joint insurance fund or a joint cash management and investment program may only
purchase long-term investments that meet each of the following criteria:
1. The governmental entity responsible for
the issuance of the long-term investment is not in default as to the payment of
principal or interest upon any of its outstanding obligations;
2. The long-term investment is purchased at
fair market value;
3. The long-term
investment is secured by a pledge of all or a portion of the government entity
issuer's revenues, secured by the government entity issuer's pledge to raise
taxes without limitation as to the rate or amount and/or secured by another
government entity's guaranty. This paragraph shall not be interpreted to bar
JIF or JCMI program investment in long-term investments issued by governmental
entities without taxing power, so long as the issuer and issuance meet the
provisions of this section; and
4.
The long-term investment has, or is being issued or guaranteed by a government
entity that has, a credit rating of A3 or higher by Moody's Investor Services,
Inc., A- or higher by Standard & Poor's Corporation, and A- or higher by
Fitch Ratings, except that ratings from two of the three aforementioned credit
ratings agencies shall be sufficient. If a rating for the long-term investment,
or the government entity issuer or guarantor, has not been obtained from at
least two of the three credit ratings agencies, the long-term investment may be
purchased if the governmental entity responsible for the issuance or guaranty
thereof has pledged to raise taxes without limitation as to rate or amount in
order to satisfy repayment, and the issuance or the governmental entity
responsible for the issuance or guarantee thereof has a rating from at least
one of the aforementioned credit rating agencies that meets the
above-referenced minimum rating criteria.
i.
If the long-term investment, or the issuer or guarantor of a long-term
investment, requires only one rating pursuant to this paragraph, but has
multiple ratings, and at least one of the ratings is below the minimum required
credit rating, a JIF or JCMI program shall not purchase the long-term
investment.
ii. A JIF or JCMI
program may invest in a long-term investment that is non-recourse, so long as
the long-term investment has obtained ratings from at least two of the three
credit ratings agencies, and those ratings meet at least the minimum required
credit rating.
(b) A joint insurance fund or a joint cash
management and investment program shall not invest in long-term investments
with a maturity of greater than 20 years from the date of purchase, unless the
fund or program seeks prior approval from the Department of Banking and
Insurance and the Division of Local Government Services in the Department of
Community Affairs to enter into a long-term investment of longer
duration.
(c) A cash management
plan or joint cash management plan shall not authorize long-term investments to
make up more than 50 percent of a joint insurance fund's or JCMI program's
investment portfolio.
1. In the event that
the percentage exceeds 50 percent due to the maturity of other investments not
meeting the definition of a "long-term investment" pursuant to this section,
the JCMI program shall:
i. Not purchase any
long-term investments until a ratio of 50 percent or below is achieved;
and
ii. Submit a corrective action
plan for approval by the Division of Local Government Services and the
Department of Banking and Insurance.
2. If the Division of Local Government
Services or the Department of Banking and Insurance does not approve the
corrective action plan offered by a joint insurance fund or a JCMI program,
either agency may order appropriate remedies, up to and including divestment of
one or more long-term investments, to reduce the share of long-term investments
to 50 percent or less of an investment portfolio.