Section 5-13-12-7 - Insurance fund; management and operation; transfer restrictions; establishment of reserve; determination of profit distribution; investment; limitations; immunity of members(a) The board for depositories shall manage and operate the insurance fund. All expenses incident to the administration of the fund shall be paid out of the money accumulated in it subject to the direction of the board for depositories. Money in the fund may not be expended, removed, or transferred from the fund for any purpose other than the following unless the expenditure, the removal, or transfer is first reviewed by the budget committee: (1) Paying expenses of administering the fund.(2) Investing, reinvesting, and exchanging investments as described in subsection (d).(3) Paying claims on insured public deposits under IC 5-13-13.(4) Making payments required by contracts executed under section 3(a)(6) of this chapter.(5) Making deposits of uninvested funds under section 3(a)(8) of this chapter.(6) Paying allowable expenses as provided in section 4 of this chapter.(b) Effective January 1 and July 1 in each year, the board shall before those dates redetermine the amount of the reserve to be maintained by the insurance fund. The establishment or any change in the reserve for losses shall be determined by the board based on information the board considers, including but not limited to capital adequacy, liquidity, and asset quality, and a study to be made or updated by actuaries, economists, or other consultants based on the history of losses, earnings on the funds, conditions of the depositories, economic conditions affecting particular depositories or depositories in general, and any other factors that the board considers relevant in making its determination. The reserve determined by the board must be sufficient to ensure the safekeeping and prompt payment of public funds to the extent they are not covered by insurance of any federal deposit insurance agency.(c) At the end of each biennial period during which depositories have had public funds on deposit under this chapter and paid the assessments levied by the board, the board shall compute its receipts from assessments and all other sources and its expenses and losses and determine the profit derived from the operation of the fund for the period. Until the amount of the reserve for losses has been accumulated, all assessments levied for a biennial period shall be retained by the fund. The amount of the assessments, if any, levied by the board shall, to the extent the fund exceeds the reserve for losses at the end of a biennial period commencing July 1 of each odd-numbered year, be distributed to the depositories that had public funds on deposit during the biennial period in which the assessments were paid. The distribution shall be made to the respective depositories in the proportion that the total assessments paid by each depository during that period bears to the total assessments then paid by all depositories. A distribution to which any closed depository would otherwise be entitled shall be set off against any claim that the insurance fund may have against the closed depository.(d) The board may invest, reinvest, and exchange investments of the insurance fund in excess of the cash working balance in any of the following: (1) In bonds, notes, certificates, and other valid obligations of the United States, either directly or, subject to the limitations in subsection (e), in the form of securities of or other interests in an open-end no-load management-type investment company or investment trust registered under the provisions of the Investment Company Act of 1940, as amended ( 15 U.S.C. 80a et seq.).(2) In bonds, notes, debentures, and other securities issued by a federal agency or a federal instrumentality and fully guaranteed by the United States either directly or, subject to the limitations in subsection (e), in the form of securities of or other interests in an open-end no-load management-type investment company or investment trust registered under the provisions of the Investment Company Act of 1940, as amended ( 15 U.S.C. 80a et seq.).(3) In bonds, notes, certificates, and other valid obligations of a state or of an Indiana political subdivision that are issued under law, the issuers of which, for five (5) years before the date of the investment, have promptly paid the principal and interest on their bonds and other legal obligations.(4) In bonds or other obligations of the Indiana finance authority issued under IC 5-1.2.(5) In investments permitted the state under IC 5-13-10.5.(6) In guarantees of economic development obligations or credit enhancement obligations, or both, for the purposes of retaining and increasing employment in enterprises in Indiana, subject to the limitations and conditions set out in this subdivision, subsection (e), and section 8 of this chapter. An individual guarantee of the board under this subdivision must not exceed eight million dollars ($8,000,000).(7) In guarantees of bonds or notes issued under IC 5-1.5-4-1, subject to the limitations and conditions set out in subsection (e) and section 8 of this chapter.(8) In bonds, notes, or other valid obligations of the Indiana finance authority that have been issued in conjunction with the authority's acquisition, development, or improvement of property or other interests for an economic development project (as defined in IC 5-1.2-2) that the authority has undertaken for the purposes of retaining or increasing employment in existing or new enterprises in Indiana, subject to the limitations in subsection (e).(9) In notes or other debt obligations of counties, cities, and towns that have been issued under IC 6-1.1-39 for borrowings from the industrial development fund under IC 5-28-9 for purposes of retaining or increasing employment in existing or new enterprises in Indiana, subject to the limitations in subsection (e).(10) In bonds or other obligations of the Indiana housing and community development authority.(e) The investment authority of the board under subsection (d) is subject to the following limitations:(1) For investments under subsection (d)(1) and (d)(2), the portfolio of an open-end no-load management-type investment company or investment trust must be limited to: (A) direct obligations of the United States and obligations of a federal agency or a federal instrumentality that are fully guaranteed by the United States; and(B) repurchase agreements fully collateralized by obligations described in clause (A), of which the company or trust takes delivery either directly or through an authorized custodian.(2) Total outstanding investments in guarantees of economic development obligations and credit enhancement obligations under subsection (d)(6) must not exceed the greater of:(A) ten percent (10%) of the available balance of the insurance fund; or(B) fourteen million dollars ($14,000,000).(3) Total outstanding investments in guarantees of bond bank obligations under subsection (d)(7) must not exceed the greater of:(A) twenty percent (20%) of the available balance of the insurance fund; or(B) twenty-four million dollars ($24,000,000).(4) Total outstanding investments in bonds, notes, or other obligations of the Indiana finance authority under subsection (d)(8) may not exceed the greater of: (A) fifteen percent (15%) of the available balance of the insurance fund; or(B) twenty million dollars ($20,000,000). However, after June 30, 1988, the board may not make any additional investment in bonds, notes, or other obligations of the Indiana finance authority issued under IC 4-4-11 (before its repeal), and the board may invest an amount equal to the remainder, if any, of:
(i) fifteen percent (15%) of the available balance of the insurance fund; minus(ii) the board's total outstanding investments in bonds, notes, or other obligations of the Indiana finance authority issued under IC 4-4-11 (before its repeal); in guarantees of economic development obligations or credit enhancement obligations, or both, as authorized by subsection (d)(6). In such a case, the outstanding investments, as authorized by subsection (d)(6) and (d)(8), may not exceed in total the greater of twenty-five percent (25%) of the available balance of the insurance fund or thirty-four million dollars ($34,000,000).
(5) Total outstanding investments in notes or other debt obligations of counties, cities, and towns under subsection (d)(9) may not exceed the greater of:(A) ten percent (10%) of the available balance of the insurance fund; or(B) twelve million dollars ($12,000,000).(f) For purposes of subsection (e), the available balance of the insurance fund does not include the outstanding principal amount of any fund investment in a corporate note or obligation or the part of the fund that has been established as a reserve for losses.(g) All interest and other income earned on investments of the insurance fund and all amounts collected by the board accrue to the fund.(h) Members of the board and any officers or employees of the board are not subject to personal liability or accountability by reason of any investment in any of the obligations listed in subsection (d).Amended by P.L. 189-2018,SEC. 36, eff. 7/1/2018.Amended by P.L. 93-2013, SEC. 3, eff. 7/1/2013.As added by P.L. 19-1987, SEC.14. Amended by P.L. 67-1989, SEC.2; P.L. 69-1989, SEC.1; P.L. 11-1990, SEC.107; P.L. 1-1992, SEC.10; P.L. 28-1993, SEC.6; P.L. 18-1996, SEC.25; P.L. 281-2001, SEC.2; P.L. 4-2005, SEC.26; P.L. 235-2005, SEC.81; P.L. 1-2006, SEC.100; P.L. 115-2010, SEC.16.