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Home » US Law » 2022 West Virginia Code » Chapter 12. Public Moneys and Securities » Article 6. West Virginia Investment Management Board

§12-6-1. Purposes and Objects; How Article Cited

This article, which may be cited as the "West Virginia Investment Management Act", is enacted to modernize the procedures for the investment of funds of the state and its political subdivisions for the purpose of increasing the investment return of those funds.

§12-6-11. Standard of Care and Investment Requirements; Disclosure of Information

(a) Any investments made under this article shall be made in accordance with the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code and is further subject to the following requirements: (1) Trustees shall discharge their duties with respect to the 401(a) plans for the exclusive purpose of […]

§12-6-13. Board as Agency for Investments; Exceptions

All duties vested by law in any agency, commission, official or other board of the state relating to the investment of moneys, and the acquisition, sale, exchange or disposal of securities or any other investment are hereby transferred to the Board: Provided, That neither this section nor any other section of this article applies to […]

§12-6-14. Reports of Board; Legislative Audits, Reviews and Studies

(a) The board shall prepare annually, or more frequently if considered necessary by the board, a report of its operations and the performance of the various funds administered by it. The report shall include all operational costs, including, but not limited to, investment advisor fees, transaction costs, custody fees, and administrative salaries and costs. (b) […]

§12-6-16. Existing Investments

The board shall be vested with ownership of all securities or other investments lawfully held by the board of investments or the West Virginia trust fund as of the effective date of this article. All obligations and assets of the board of investments and the West Virginia trust fund, inc., shall be vested in the […]

§12-6-17. Severability of Provisions

If any provision of this article, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this article and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby.

§12-6-18. Liberal Construction

This article, being necessary to secure the public health, safety, convenience and welfare of the citizens of this state, shall be liberally construed to effect the public purposes of this article. The powers granted to the board in this article, including, without limitation, those granted in section five of this article, are intended to be […]

§12-6-19. Authorization for Loans by the Board

(a) The board, upon request of the state building commission, shall transfer moneys as a loan to the state building commission in an amount not to exceed in the aggregate $21,000,000 for the purposes of financing or refinancing the projects specified in subsections (b) and (d), section eight, article six, chapter five of this code. […]

§12-6-1a. Legislative Findings

(a) The Legislature hereby finds and declares that all the public employees covered by the Public Employees Retirement System, the Teachers Retirement System, the West Virginia State Police Retirement System, the Death, Disability and Retirement Fund of the Division of Public Safety, the Judges' Retirement System and the Deputy Sheriffs Retirement System should benefit from […]

§12-6-2. Definitions

As used in this article, unless a different meaning clearly appears from the context: (1) "Beneficiaries" means those individuals entitled to benefits from the participant plans;

§12-6-21. Investment With Regional Jail and Correctional Facility Authority

(a) The Legislature finds and declares: (1) That the supreme court of appeals has determined and ordered that the constitution of this state imposes a duty on behalf of the state to make significant improvements in the jail and correctional facility system, including the duty to make capital improvements to facilities and to pay for […]

§12-6-3. West Virginia Investment Management Board Continued; Body Corporate; Trust Fund Board; Trustees; Nomination and Appointment of Trustees, Qualifications and Terms of Appointment, Advice and Consent; Annual and Other Meetings; Designation of Representatives and Committees; Board Meetings With Committees Regarding Investment Policy Statement Required; Open Meetings, Qualifications

(a) There is hereby continued the West Virginia investment management board. The board is created as a public body corporate and established to provide prudent fiscal administration, investment and management for the funds of the participant plans and any other funds managed by the board. (b) The board shall be governed by a board of […]

§12-6-5. Powers of the Board

The board may exercise all powers necessary or appropriate, in accordance with the provisions of the West Virginia Uniform Prudent Investor Act, codified as article six-c, chapter forty-four of this code and section eleven of this article, to carry out and effectuate its corporate purposes, including, but not limited to, the power to: (1) Adopt […]

§12-6-5a. Legislative Findings and Limitation on Certain Board Actions

(a) The Legislature hereby finds and declares that, during the period beginning August 1, 1984, and ending on January 31, 1989, certain overapportionments or overpayments of interest earnings were made by the board of investments to local government participants in the consolidated investment fund local government account. The Legislature also finds and declares that said […]

§12-6-6. Annual Audits; Reports and Information to Constitutional and Legislative Officers, Council of Finance and Administration, Consolidated Public Retirement Board, Workers' Compensation Fund and Coal-Workers' Pneumoconiosis Fund; Statements and Reports Open for Inspection

(a) The board shall cause an annual financial and compliance audit of the assets managed by the board to be made by a certified public accounting firm which has a minimum staff of ten certified public accountants and which is a member of the American institute of certified public accountants and, if doing business in […]

§12-6-7. Legal Status of Agencies and Boards Continued

Except as otherwise provided in this article, every state agency or board shall continue to have all of the powers and shall exercise all of the functions and duties vested in or imposed upon it by law, as to any fund, and shall continue to be constituted as provided by existing law.

§12-6-8. Investment Funds Established; Management Thereof

(a) There is continued a special investment fund designated as the Consolidated Fund. Effective June 30, 2005, the power and authority of the board as to the consolidated fund terminates. On July 1, 2005, the board shall transfer the consolidated fund, all moneys, obligations, assets, securities and other investments of the consolidated fund and all […]

§12-6-9. Fees for Service

The board may charge fees, which may be subtracted from the total return, for the reasonable and necessary expenses incurred by the investment management board in rendering services. All fees which are dedicated or identified or readily identifiable to an entity, plan or fund shall be charged to that entity, plan or fund and all […]