Mississippi Senate Bill SB2849

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 2/9/23

Caption

PERS; clarify fiduciary duty to invest for highest return and not based on environmental, social and governance (ESG) factors.

Impact

The bill’s proponents argue that emphasizing financial returns aligns with the duty of fiduciaries to ensure the financial well-being of public employees and retirees. By restricting the considerations of ESG factors, the legislation eliminates what some view as conflicting priorities that might undermine financial returns. This approach conveys a firm stance against integrating any non-financial criteria into investment decisions, which advocates claim could otherwise endanger the financial stability of pivotal state retirement funds.

Summary

Senate Bill 2849 aims to clarify fiduciary duties and investment policies associated with the Public Employees' Retirement System in Mississippi. The bill stipulates that fiduciaries responsible for investing public retirement funds must do so with the highest priority on the safety of the investment and the maximum returns for beneficiaries, disregarding environmental, social, and governance (ESG) factors. This legislative measure reacts to ongoing discussions regarding the use of ESG considerations in financial decision-making and seeks to reinforce a focus solely on financial performance.

Contention

Opponents of Senate Bill 2849 may argue that ignoring ESG factors not only restricts fiduciaries from considering broader implications of their investment choices but also overlooks the potential long-term financial risks associated with social and environmental issues — such as regulatory changes or shifts in consumer preferences regarding sustainability. Advocates for a more inclusive investment strategy may present concerns that such legislation limits the fiduciary duty to act in the best interest of beneficiaries in an increasingly complex financial landscape.