11 KAR 12:020. General rules for
investments and fund transfers.
RELATES TO: KRS 164A.310(4), 164A.325(7),
164A.335, 164A.375
STATUTORY AUTHORITY: KRS 164A.325(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
164A.325(7) authorizes the board to promulgate administrative regulations necessary
for the administration of the savings plan trust. KRS 164A.310(4) requires the
board to invest moneys within the program fund in investments determined by the
board to be appropriate. This administrative regulation establishes the
requirements for investments and fund transfers.
Section 1. Investments. (1) The program
administrator, an investment manager, a trustee or depository institution
holding funds received pursuant to KRS 164A.335 shall adhere to the following standards:
(a) Safety of principal at the time of a
projected cash need shall be paramount for all investment situations;
(b) Liquidity of investments shall be
assured for funds which may be needed to satisfy short term cash flow needs;
and
(c) Except as provided in paragraphs (a)
and (b) of this subsection, maximizing investment yield shall be the prime
objective of an investment.
(2) In accordance with the standards
established in subsection (1) of this section, the board through the program
administrator or an investment manager shall invest funds received pursuant to
KRS 164A.335 in any of the following solely in the interest of the participants
and beneficiaries and for the exclusive purposes of providing benefits to
beneficiaries and defraying reasonable expenses of administering the plan:
(a) Deposits or banker's acceptances with
commercial banks whose outstanding indebtedness is rated A or better by a
nationally recognized rating service, and deposits with a financial institution
to the extent fully insured by the Federal Deposit Insurance Corporation or
other U.S. government insurance entity;
(b) U.S. Treasury securities, obligations
backed by the full faith and credit of the United States government, and U. S.
government agency securities;
(c) Repurchase agreements, both overnight
and term, which shall be:
1. Governed by a Public Securities
Association or equivalent master repurchase agreement including the appropriate
annexes; and
2. Collateralized at 100 percent with
U.S. Treasury securities, U.S. government agency securities, and other
obligations backed by the full faith and credit of the United States
government. Collateral shall be held by a third party custodian;
(d) Bank certificates of deposit rated
A/A-1 or better by a nationally recognized rating service;
(e) State or municipal obligations rated
in one (1) of the two (2) top classifications by a nationally recognized rating
service (at least AA or Aa, SP-2 or MIG-2/VMIG-2);
(f) Obligations of a U.S. corporation, if
the obligations are rated at least AA or As by a nationally recognized rating
service;
(g) Collateralized mortgage or credit
card obligations, mortgage backed securities, or similar securities that are
collateralized at 100 percent, if the obligations are either:
1. Fully insured by a U.S. government
insurance entity; or
2. Issued by a corporation whose
obligations would be an authorized investment;
(h) Commercial paper rated in the highest
classification as established by a nationally recognized rating service (A-1 or
Prime-1);
(i) Mutual funds, including money market
funds, equity funds, international funds, growth funds, income funds, and funds
combining one (1) or more of the foregoing investment options which, at the
time of making the investment, are, by law, permitted for the investment of
funds by fiduciaries in this state; and
(j) Other investments approved by the
board of directors with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent investor acting in a like capacity
and familiar with the matters would use in the conduct of an enterprise of a
like character and with like aims.
Section 2. Administrative Fund. (1) The
costs of administering the Kentucky educational savings plan trust shall be
paid out of the administrative fund.
(2) Funds shall be transferred to the
administrative fund from the program fund, as the program administrator
determines is necessary to cover the administrative costs of the trust.
(3) The total amount transferred to the
administrative fund during a trust year shall not exceed four (4) percent of
the total investment earnings accruing and credited to the program fund during
that trust year.
(4) Monies transferred to the
administrative fund pursuant to KRS 164A.335 and this administrative regulation
shall be deposited in accordance with KRS 41.070(2). (17 Ky.R. 3570; eff.
8-2-91; Am. 19 Ky.R. 435; eff. 10-1-92; 26 Ky.R. 86; 626; 714; eff. 10-11-99.)