1 | 1 | | BILL AS INTRODUCED S.72 |
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2 | 2 | | 2025 Page 1 of 7 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | VT LEG #379759 v.1 |
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6 | 6 | | S.72 1 |
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7 | 7 | | Introduced by Senators Perchlik, Clarkson, Cummings, Gulick, Harrison, 2 |
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8 | 8 | | Major, Vyhovsky, Watson and White 3 |
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9 | 9 | | Referred to Committee on 4 |
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10 | 10 | | Date: 5 |
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11 | 11 | | Subject: State Treasurer; Vermont Pension Investment Commission; 6 |
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12 | 12 | | investment and oversight of retirement systems’ assets; fossil fuel 7 |
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13 | 13 | | divestment 8 |
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14 | 14 | | Statement of purpose of bill as introduced: This bill proposes to require the 9 |
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15 | 15 | | Vermont Pension Investment Commission to (1) on or before December 15, 10 |
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16 | 16 | | 2025, review the carbon footprint of the holdings of the Vermont State 11 |
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17 | 17 | | Employees’ Retirement System, the State Teachers’ Retirement System, and 12 |
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18 | 18 | | the Municipal Employees’ Retirement System, and (2) develop a plan to divest 13 |
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19 | 19 | | the holdings of the Vermont State Employees’ Retirement System, the State 14 |
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20 | 20 | | Teachers’ Retirement System, and the Municipal Employees’ Retirement 15 |
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21 | 21 | | System from the fossil fuel industry by December 31, 2030 with further 16 |
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22 | 22 | | divestment from any private investments that contain assets in the fossil fuel 17 |
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23 | 23 | | industry by December 31, 2040. 18 |
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24 | 24 | | An act relating to divestment of State pension funds of investments in the 19 |
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25 | 25 | | fossil fuel industry 20 BILL AS INTRODUCED S.72 |
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26 | 26 | | 2025 Page 2 of 7 |
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28 | 28 | | |
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29 | 29 | | VT LEG #379759 v.1 |
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30 | 30 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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31 | 31 | | Sec. 1. PUBLIC PENSION FUNDS; FOSSIL FUELS; VERMONT 2 |
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32 | 32 | | PENSION INVESTMENT COMMIS SION; PLAN AND REPORT 3 |
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33 | 33 | | (a) Intent. 4 |
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34 | 34 | | (1) It is the intent of the General Assembly that the Vermont Pension 5 |
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35 | 35 | | Investment Commission build upon its effective efforts to manage the State’s 6 |
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36 | 36 | | financial risks to climate change, including investing in low carbon indexes, 7 |
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37 | 37 | | successfully engaging with fossil fuel and other companies, and supporting 8 |
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38 | 38 | | initial studies and reviews on climate change. 9 |
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39 | 39 | | (2) It is also the intent of the General Assembly that, on or before 10 |
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40 | 40 | | December 31, 2030, the Vermont Pension Investment Commission shall, 11 |
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41 | 41 | | consistent with sound fiduciary practice, including consideration of any 12 |
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42 | 42 | | expected increased funding requirements for the actuarially determined 13 |
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43 | 43 | | employer contribution (ADEC) and administrative costs, and subject to any 14 |
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44 | 44 | | exceptions, divest the holdings of the Vermont State Employees’ Retirement 15 |
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45 | 45 | | System, the Vermont Teachers’ Retirement System, and the Vermont 16 |
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46 | 46 | | Municipal Employees’ Retirement System from the fossil fuel industry. 17 |
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47 | 47 | | (3) The General Assembly also intends that the Vermont Pension 18 |
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48 | 48 | | Investment Commission establish a long-term goal to divest from any private 19 |
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49 | 49 | | investments that contain assets in the fossil fuel industry on or before 20 BILL AS INTRODUCED S.72 |
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50 | 50 | | 2025 Page 3 of 7 |
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52 | 52 | | |
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53 | 53 | | VT LEG #379759 v.1 |
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54 | 54 | | December 31, 2040, if the Commission determines that such divestment is 1 |
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55 | 55 | | consistent with sound fiduciary practice. 2 |
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56 | 56 | | (b) Definitions. As used in this section: 3 |
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57 | 57 | | (1) “Carbon footprint” means the extent to which holdings are invested 4 |
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58 | 58 | | in stocks, securities, or other obligations of any fossil fuel company or any 5 |
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59 | 59 | | subsidiary, affiliate, or parent of any fossil fuel company. 6 |
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60 | 60 | | (2) “De minimis exposure” means the aggregate amount of all fossil fuel 7 |
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61 | 61 | | holdings in the portfolio amounting to less than two percent of the aggregate 8 |
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62 | 62 | | amount of all funds invested. 9 |
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63 | 63 | | (c) Review. On or before December 15, 2025, the Vermont Pension 10 |
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64 | 64 | | Investment Commission, in consultation with the Office of the State Treasurer, 11 |
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65 | 65 | | shall complete a review of the carbon footprint of the holdings of the Vermont 12 |
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66 | 66 | | State Employees’ Retirement System, the Vermont State Teachers’ Retirement 13 |
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67 | 67 | | System, and the Vermont Municipal Employees’ Retirement System. 14 |
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68 | 68 | | (d) Plan. 15 |
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69 | 69 | | (1) Divestment. Except as provided in subdivision (2) of this 16 |
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70 | 70 | | subsection, the Commission, in accordance with sound investment criteria and 17 |
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71 | 71 | | consistent with fiduciary obligations, including consideration of any expected 18 |
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72 | 72 | | increased funding requirements for the actuarially determined employer 19 |
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73 | 73 | | contribution (ADEC) and administrative costs, shall develop a plan to divest 20 |
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74 | 74 | | any holdings identified in the review described in subsection (c) of this section 21 BILL AS INTRODUCED S.72 |
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75 | 75 | | 2025 Page 4 of 7 |
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77 | 77 | | |
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78 | 78 | | VT LEG #379759 v.1 |
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79 | 79 | | on or before December 31, 2030. The Commission shall include in the plan 1 |
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80 | 80 | | consideration of the State’s long-term goal of divestment from any investments 2 |
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81 | 81 | | that are exceptions to the plan pursuant to subdivision (2) of this subsection on 3 |
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82 | 82 | | or before December 31, 2040. 4 |
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83 | 83 | | (2) Exceptions. Until such time as the Commission deems divestment to 5 |
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84 | 84 | | be prudent and consistent with sound fiduciary practice, the following holdings 6 |
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85 | 85 | | are exceptions to the plan: 7 |
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86 | 86 | | (A) de minimis exposure of any funds held by the Commission to the 8 |
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87 | 87 | | stocks, securities, or other obligations of any fossil fuel company or any 9 |
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88 | 88 | | subsidiary, affiliate, or parent of any fossil fuel company; and 10 |
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89 | 89 | | (B) private investments that contain fossil fuel company stocks, 11 |
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90 | 90 | | securities, or other obligations of any fossil fuel company or any subsidiary, 12 |
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91 | 91 | | affiliate, or parent of any fossil fuel company. 13 |
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92 | 92 | | (3) Definitions and methodology. The Commission shall include in the 14 |
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93 | 93 | | plan described in this subsection: 15 |
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94 | 94 | | (A) a definition for “fossil fuel company”; and 16 |
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95 | 95 | | (B) a method for determining the metric of the portfolio’s carbon 17 |
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96 | 96 | | footprint that allows for an exemption of private investments for the purpose of 18 |
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97 | 97 | | determining the de minimis exposure. 19 BILL AS INTRODUCED S.72 |
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98 | 98 | | 2025 Page 5 of 7 |
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100 | 100 | | |
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101 | 101 | | VT LEG #379759 v.1 |
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102 | 102 | | (e) Report. 1 |
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103 | 103 | | (1) On or before February 15, 2026, the Commission shall submit a 2 |
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104 | 104 | | report on the review described in subsection (c) of this section to the House 3 |
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105 | 105 | | Committee on Government Operations and Military Affairs and the Senate 4 |
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106 | 106 | | Committee on Government Operations and to the Joint Public Pension 5 |
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107 | 107 | | Oversight Committee. The report shall include any recommendations for 6 |
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108 | 108 | | legislative action, if necessary, to implement the divestment plan. 7 |
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109 | 109 | | (2)(A) On or before September 1, 2026, the Commission shall submit a 8 |
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110 | 110 | | report on the plan described in subsection (d) of this section to the House 9 |
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111 | 111 | | Committee on Government Operations and Military Affairs and the Senate 10 |
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112 | 112 | | Committee on Government Operations and to the Joint Public Pension 11 |
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113 | 113 | | Oversight Committee. The report shall include any recommendations for 12 |
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114 | 114 | | legislative action, if necessary, to implement the divestment plan. 13 |
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115 | 115 | | (B) Pursuant to 2 V.S.A. § 23, with approval of the Speaker of the 14 |
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116 | 116 | | House and the President Pro Tempore, as appropriate, the House Committee on 15 |
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117 | 117 | | Government Operations and Military Affairs and the Senate Committee on 16 |
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118 | 118 | | Government Operations may each meet up to one time when the General 17 |
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119 | 119 | | Assembly is not in session to evaluate the report described in subdivision (A) 18 |
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120 | 120 | | of this subdivision (e)(2). 19 |
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121 | 121 | | (3) Beginning on January 15, 2027, and annually thereafter until January 20 |
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122 | 122 | | 15, 2040, the Commission shall submit a report to the House Committee on 21 BILL AS INTRODUCED S.72 |
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123 | 123 | | 2025 Page 6 of 7 |
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125 | 125 | | |
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126 | 126 | | VT LEG #379759 v.1 |
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127 | 127 | | Government Operations and Military Affairs, the Senate Committee on 1 |
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128 | 128 | | Government Operations, and the Joint Public Pension Oversight Committee on 2 |
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129 | 129 | | the progress of divestment described in this section. The report shall also 3 |
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130 | 130 | | include: 4 |
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131 | 131 | | (A) an update on the composition and percentage of exposure of any 5 |
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132 | 132 | | investments exempt from the divestment plan pursuant to subdivision (d)(2) of 6 |
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133 | 133 | | this section; and 7 |
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134 | 134 | | (B) a summary of the fee impacts and any instance of excessive 8 |
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135 | 135 | | charges or demands related to the rebalancing of the funds consistent with the 9 |
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136 | 136 | | implementation of this act. 10 |
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137 | 137 | | (4) On or before January 15, 2041, the Commission shall make a final 11 |
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138 | 138 | | report to the House Committee on Government Operations and Military 12 |
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139 | 139 | | Affairs and the Senate Committee on Government Operations and the Joint 13 |
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140 | 140 | | Public Pension Oversight Committee regarding completion of divestment 14 |
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141 | 141 | | described in this section. 15 |
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142 | 142 | | Sec. 2. DIVESTMENT PLAN; VERMONT PENSIO N INVESTMENT 16 |
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143 | 143 | | COMMISSION; APPROPRIATION 17 |
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144 | 144 | | In FY 2026, the amount of $127,000.00 is appropriated to the Vermont 18 |
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145 | 145 | | Pension Investment Commission to establish one staff position to support 19 |
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146 | 146 | | improvements and efficiencies in the administration of the Commission and to 20 |
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147 | 147 | | meet the review, planning, and reporting requirements of this act. The 21 BILL AS INTRODUCED S.72 |
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148 | 148 | | 2025 Page 7 of 7 |
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150 | 150 | | |
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151 | 151 | | VT LEG #379759 v.1 |
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152 | 152 | | appropriation to the Commission shall be distributed from the following 1 |
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153 | 153 | | funding sources pursuant to the allocation set forth below: 2 |
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154 | 154 | | (1) 40.86 percent from the Vermont State Retirement Fund, established 3 |
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155 | 155 | | in 3 V.S.A. § 473; 4 |
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156 | 156 | | (2) 44.01 percent from the Vermont Teachers’ Retirement Fund, 5 |
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157 | 157 | | established in 16 V.S.A. § 1944; and 6 |
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158 | 158 | | (3) 15.13 percent from the Vermont Municipal Retirement Fund, 7 |
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159 | 159 | | established in 24 V.S.A. § 5064. 8 |
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160 | 160 | | Sec. 3. EFFECTIVE DATE 9 |
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161 | 161 | | This act shall take effect on passage. 10 |
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