Title 47, Chapter 20, Section 83
( 47-20-83)
(a) Subject to limitations stated in this article, funds may invest
in the following in certificated or uncertificated form: (1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency; (2) Repurchase and reverse repurchase agreements for direct
obligations of the United States government and for obligations
unconditionally guaranteed by agencies of the United States
government and for investments eligible under paragraph (1) of
this subsection; (3) Cash assets or deposits in checking or savings accounts under
certificates of deposit or in other form in banks and trust
companies and in savings accounts, certificates of deposit, or
similar certificates or evidences of deposits in savings and loan
associations and building and loan associations which have
qualified for the insurance protection afforded by the Federal
Deposit Insurance Corporation; (4) Bonds, notes, warrants, and other evidence of indebtedness
which are direct obligations of the government of the United
States of America or for which the full faith and credit of the
government of the United States of America is pledged for the
payment of principal and interest; (5) Loans guaranteed as to principal and interest by the
government of the United States of America, or by any agency or
instrumentality of the government of the United States of America,
to the extent of such guaranty; (6) Taxable bonds, notes, warrants, and other securities not in
default which are the direct obligations of any state of the
United States or of the District of Columbia, or of the government
of Canada or any province of Canada, or for which the full faith
and credit of such state, district, government, or province has
been pledged for the payment of principal and interest; (7) Bonds, notes, warrants, and other securities not in default
which are the direct obligations of the government of any foreign
country which the International Monetary Fund lists as an
industrialized country and for which the full faith and credit of
such government has been pledged for the payment of principal and
interest, provided such securities are listed as investment grade
by a nationally recognized rating agency; (8) Bonds, debentures, or other securities issued or insured or
guaranteed by any agency, authority, unit, or corporate body
created by the government of the United States of America whether
or not such obligations are guaranteed by the United States;
(9) Collateralized mortgage obligations that are listed as
investment grade by a nationally recognized rating agency; (10) Obligations issued, assumed, or guaranteed by the
International Bank for Reconstruction and Development or the
International Financial Corporation; (11) In addition to those investments eligible under paragraph (1)
of this subsection, bonds, debentures, notes, and other evidences
of indebtedness issued, assumed, or guaranteed by any solvent
institution existing under the laws of the United States of
America or of Canada, or any state or province thereof, which are
not in default as to principal or interest and which are secured
by collateral worth at least 50 percent more than the par value of
the entire issue of such obligations, but only if not more than
one-third of the total value of the required collateral consists
of common stocks; (12) In addition to those investments eligible under paragraph (1)
of this subsection, secured and unsecured obligations of issuers
described in paragraph (11) of this subsection other than the
obligations described in paragraph (11) of this subsection,
bearing interest at a fixed rate, with mandatory principal and
interest due at specified times, if the net earnings of the
issuing, assuming, or guaranteeing institution available for its
fixed charges for a period of five fiscal years next preceding the
date of acquisition by the fund have averaged per year not less
than one and one-half times its average annual fixed charges
applicable to such period and if during either of the last two
years of the period of such net earnings have been not less than
one and one-half times its fixed charges for the year; provided,
however, that any such obligation shall be listed as investment
grade by a nationally recognized rating agency; (13) In addition to those investments eligible under paragraph (1)
of this subsection, equipment trust obligations or certificates
adequately secured and evidencing an interest in transportation
equipment, wholly or in part within the United States of America,
and the right to receive determinated portions of rental,
purchase, or other fixed obligatory payments for the use or
purchase of the transportation equipment; (14) Loans that are secured by pledge or securities eligible for
investment under this article; (15) Purchase money mortgages or like securities received upon the
sale or exchange of real property acquired; (16) In addition to those investments eligible under paragraph (1)
of this subsection, a mortgage or a mortgage participation,
pass-through, conventional pass-through, trust certificate, or
other similar security which represents an undivided, beneficial
interest in a pool of loans secured by first mortgages, deeds of
trust, or deeds to secure debt upon fee simple, unencumbered,
improved, or income-producing real property located in the United
States or Canada, which is improved with a residential building or
condominium unit or buildings designed for occupancy by not more
than four families, including leasehold estates in such real
estate if such first mortgages, deeds of trust, or deeds to secure
debt are fully guaranteed or insured by the Federal Housing
Administration, the United States Department of Veterans Affairs,
the Farmers Home Administration, the Federal Home Loan Mortgage
Corporation, the Government National Mortgage Association, the
Federal National Mortgage Association, or any similar governmental
entity or instrumentality; (17) Land and buildings on such land used or acquired for use as a
fund's office for the convenient transaction of its own business;
provided, however, that portions of such buildings not used for
its own business may be rented by the fund to others; provided,
further, that the amount invested by a fund in office property
shall not exceed 10 percent of the retirement system assets; (18) Real property acquired in satisfaction in whole or in part of
loans, mortgages, liens, judgments, decrees, or debts previously
owing to the fund in the course of its business; (19) Real property acquired in part payment of the consideration
on the sale of other real property owned by the fund if such
transaction effects a net reduction in the fund's investment in
real estate; (20) Real property acquired by gift or devise, or through merger
or consolidation with another fund; and (21) Additional real property and equipment incident to real
property if necessary or convenient for the enhancement of the
marketability or sale value of real property previously acquired
or held by the fund under paragraphs (18), (19), and (20) of this
subsection. (b) Notwithstanding the provisions of subsection (a) of this Code
section, the Georgia Municipal Employees Benefit System and any
association of like political subdivisions which contracts with its
members for the pooling of assets may invest up to 5 percent of the
total assets of its fund in real estate; provided, however, that in
the event the fund's assets decrease in value, the association shall
be entitled to retain all real estate investments if owned prior to
the reduction in value of assets; provided, further, that any such
association shall be entitled to retain all real estate assets it
owned on July 1, 1999, without regard to the limitation imposed by
this subsection. |