N.Y. General Business Law § 1307: Investment options

§ 1307. Investment options. 1. The board shall establish or authorize

a default investment option for enrollees who fail to elect an

investment option. In making such determination, the board shall

consider the cost, risk profile, benefit level and ease of enrollment.

The board may change the default option if the board determines that

such change is in the best interests of the enrollees.

2. The board may establish or authorize any additional investment

options that the board deems appropriate including but not limited to:

(a) a conservative principal protection fund;

(b) a growth fund;

(c) a secure return fund whose primary objective is the preservation

of the safety of principal and the provision of a stable and low-risk

rate of return; if the board elects to establish a secure return fund,

the board may procure any insurance, annuity, or other product to insure

the value of enrollees' accounts and guarantee a rate of return; the

cost of such funding mechanism shall be paid out of the fund; under no

circumstances shall the board, program, fund, the state, or any

participating employer assume any liability for investment or actuarial

risk; the board shall determine whether to establish or authorize such

investment options based upon an analysis of their cost, risk profile,

benefit level, feasibility, and ease of implementation;

(d) an annuity fund;

(e) a growth and income fund; or

(f) a life cycle fund with a target date based upon factors determined

by the board.