Michigan 2023-2024 Regular Session

Michigan House Bill HB4381

Introduced
4/12/23  

Caption

Retirement: defined benefit; duties of an investment fiduciary; modify. Amends sec. 13 of 1965 PA 314 (MCL 38.1133).

Impact

The proposed legislation has substantial implications for the governance of state-run retirement systems. By mandating a clear focus on financial factors, HB4381 intends to enhance the accountability and transparency of investment decisions made within public retirement systems. This will also necessitate that fiduciaries provide comprehensive reports outlining asset performance, fees, and compliance with the new standards. Critics of the bill argue that it diminishes the ability of fiduciaries to consider socially responsible investment strategies that could align financial returns with public welfare objectives.

Summary

House Bill 4381 seeks to amend the Public Employee Retirement System Investment Act by modifying the duties and responsibilities of investment fiduciaries. The bill stipulates that investment fiduciaries must act solely in the financial interest of the participants and beneficiaries they represent. This change aims to ensure that all investment decisions are guided by pecuniary factors, thereby preventing the inclusion of non-pecuniary objectives in investment actions. This focus on pecuniary interest is a significant point of contention as it restricts fiduciaries from considering broader social or ideological factors when making investment decisions.

Contention

Notably, the bill has elicited mixed reactions from stakeholders. Proponents, particularly among fiscal conservatives, assert that the bill will enhance investment performance and ensure that public funds are used effectively to benefit retirees. Conversely, some advocacy groups and public employee representatives argue that the bill undermines the capacity of fiduciaries to make ethically and socially conscious investment choices, thereby potentially compromising the broader mission of serving the community and upholding the public interest.

Companion Bills

No companion bills found.

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