Staff at the California Public Employees’ Retirement System (CalPERS) are apparently opposed to the divestment of private prisons, according to a recent report. The CalPERS Investment Committee is expected to follow suit. Legislation forced the issue, but in almost all cases it is subject to a determination by the plan fiduciary that following such legislation comports with its fiduciary duties, often enshrined at the constitutional level.
George Michael Gerstein advises financial institutions on the fiduciary and prohibited transaction provisions of ERISA. As co-chair of the fiduciary governance group, he assists clients with tracking, and understanding, the numerous fiduciary developments at the federal and state levels, including the rules and regulations of governmental plans. He also advises clients with respect to the fiduciary duty implications of ESG investing.