Kentucky Pension Trustees Sue Governor Over Removal

Two former trustees of the Kentucky Retirement Systems are suing Kentucky Governor Matt Bevin after he ousted them from their positions recently.

The lawsuit claims Bevin didn’t have the authority to remove the trustees, one of whom was the board chairman.

The state’s Attorney General issued a statement siding with the trustees.

From the Lexington Herald Leader:

Two members of the former Kentucky Retirement Systems Board of Trustees are suing Gov. Matt Bevin, claiming Bevin did not have the authority to remove board chairman Thomas Elliott of Jefferson County from the panel.

Elliott and board member Mary Helen Peter filed the lawsuit Friday in Franklin Circuit Court.

They are seeking a temporary injunction to block Elliott’s removal.

It was not clear Sunday what effect, if any, Bevin’s executive order last Friday to abolish the board and replace it with a new board will have on the lawsuit.

Bevin ordered Elliott off the board in April and sent state police to last month’s board meeting to threaten Elliott with arrest if he tried to participate in KRS business with other trustees.

[…]

In a statement, Attorney General Beshear questioned Bevin’s “unprecedented actions” Friday, citing the governor’s decisions to remake both the KRS and University of Louisville governing boards.

“Lawmakers mandated that these boards be independent,” said Beshear, who said his office is reviewing Bevin’s actions.

NY Assembly Approves Pension Forfeiture for Corrupt Officials

The New York State Assembly on Thursday passed a measure that would strip government pensions from public officials convicted of corruption-related crimes.

The vote was a unanimous 132-0; however, the bill is softer than previous iterations – including a version still supported by the Senate.

More from NewYorkUpstate:

The Assembly voted 132 to 0 to allow a judge to order pension benefits be withheld from public officers hired before 2011 who are convicted of future felony crimes that directly related to their public duties.

The judge may rule that a portion of the corrupt official’s pension benefits should be paid to the official’s spouse, minor children and other dependents.

All state workers would not be subject to the pension forfeiture under the Assembly bill.

Only elected officials, gubernatorial appointees, municipal managers, department heads, chief fiscal officers, judges and government policymakers would be subject to the penalty if they are convicted.

Assemblyman David Buchwald, D-Westchester, said he believed the Senate will pass the same bill, although the Senate leadership wanted a broader bill that could affect more state workers.

Japan Pensions Injected $9 Billion in Local Stocks in 2nd Quarter

Japan’s GPIF – the world’s largest pension fund – announced last year it’d be shifting more money into domestic equities.

When GPIF speaks, the country’s other pension funds listen – and they follow.

That’s what happened in the 2nd quarter of 2016, when Japan pension funds bought up $9 billion worth of domestic stocks.

From Bloomberg:

The funds purchased 965.4 billion yen ($9.2 billion) of local shares in the three months ended March 31, and sold 1.4 trillion yen of the country’s government bonds, an 11th straight quarter of net selling, according to Bank of Japan data published Friday. Pension managers also offloaded 86.7 billion yen in overseas assets, the first time they’ve been net sellers since the first quarter of 2014.

The BOJ results echo separate data from the nation’s bourse that showed trust banks, which manage pension money, were net buyers of Japanese equities almost every week in the first quarter while foreign investors sold. The Topix index tumbled 13 percent in the period and is down about 18 percent this year for the worst start since 1995, while the yen rose 6.8 percent against the dollar last quarter, its biggest such increase since September 2009.

Bond yields on 10-year Japanese government debt tumbled below zero in February after the BOJ said at the end of January that it will adopt negative interest rates on some bank reserves.

NY Lawmakers Close to Voting on Pension Forfeiture for Corrupt Officials

Lawmakers in the New York State Assembly on Thursday may vote on the approval of a bill that would strip state pensions from public officials convicted of corruption.

The measure is the last remaining remnant of a now-forgotten series of ethics reforms.

From Syracuse.com:

Senate Majority Leader John Flanagan and Senate Independent Democratic Conference Leader Jeffrey Klein told reporters Wednesday they were optimistic the full Assembly would vote on the legislation.

[…]

The pension forfeiture bill requires a change to the state constitution. So lawmakers from both houses will have to approve the bill again in 2017 or 2018, and the public will have to approve the measure in a referendum before it becomes law.

Under the bill, any state public official who is a member of a pension or retirement system and is convicted of a felony related to their public office could lose all of their pension benefits.

Under current law, the state can strip away pension benefits from a state official who were hired after Nov. 13, 2011 – when a 2011 ethics reform law became effective – if the official is convicted of crimes related to their public office.

But the state cannot touch the pensions of state officials hired before that date no matter what they are convicted of doing.

So former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos – who were sentenced in May to prison terms for unrelated crimes – may collect their lucrative pensions under the law.

IPCM 2016: Adapting to the New Normal?

Leo Kolivakis is a blogger, trader and independent senior pension and investment analyst. This post was originally published at Pension Pulse.

The Canada News Wire reports, International Pension Conference of Montréal Experts Call for an Adaptation to the New Normal:

Low interest rates and weak growth are here to stay at least in the near-term, and the world must adapt, according to a group of leading economists at the kick-off session of today’s International Pension Conference of Montréal (IPCM).

During the session, entitled Macroeconomic Outlook on Interest Rates: How Do We Adjust our Expectations in the “New Normal?” panelists addressed the impact of central banks’ monetary policies and interest rate cycle. Session moderator Clément Gignac, Senior Vice President and Chief Economist at Industrial Alliance began the session by explaining that, “The world has changed. Central banks have used traditional monetary policy tools close to their limit. As of now, nearly $8 trillion of government debt carries negative interest rates, which is a real challenge for asset managers and pension funds. We need to think of a new approach to tackle these challenges.”

Panellist Marc Lévesque, Vice President, Economics and Market Strategy at PSP Investments, stated that investors must be prepared for conditions characterized by slow growth. “Economic growth will continue to be slower than in the past, mainly because of demographic trends. Though rates will not remain unusually low forever, long-term equilibrium rates are lower and the ‘normalization’ of rates won’t happen overnight,” he said.

Peter Berezin, Chief Strategist, Global Investment Strategy at BCA Research, said that the seeds of deflation being sewn now will lead to inflation starting in the 2020s: “The same forces that contribute to deflation today will contribute to inflation tomorrow. For example, though austerity has been the name of the game in recent years, governments will start loosening the purse strings, bringing us from a deflationary world to an inflationary one. Everything central banks have done over the last 70 years sounded implausible,” said Mr. Berezin. “Before they did it.”

Jesper Koll, Chief Executive Officer of WidomTree Japan, echoed Mr. Gignac using the Japanese economy as an example. “The case of Japan shows that printing money alone does not work. It must be linked with fiscal policy in order to produce the expected outcome of increasing GDP,” said Mr. Koll. “Although its demographics will continue to decline, we think Japan will see the rise of a new middle class. This will be due to an increase in full-time employment, increased access to credit and a more active female workforce. Now would be a good time to be reborn as a 23-year old Japanese.”

The International Pension Conference of Montréal will continue on Monday, June 13 with sessions at 10:30am and 3:00pm. Taking place at Montreal’s Hotel Bonaventure under the auspices of the Conference of Montréal, the IPCM advances the debate on pension issues and solutions around the world. It is a unique opportunity for policy makers, political advisers, financial experts, actuaries and pension plan administrators to meet and exchanges ideas. To view the IPCM program, please click here.

About the International Economic Forum of the Americas

The Conference of Montreal, organized by the International Economic Forum of the Americas, is a major international event which invites leaders from the worlds of economics, politics and academia, the public and private sectors, and civil society to come and discuss the major issues surrounding economic globalization, with a particular emphasis on relations between the Americas and the other continents.

That is how my (very early) Monday morning started with a cup of coffee and a plate of macro for breakfast (see the entire program here).

This was the first session of the International Pension Conference of Montreal (IPCM) and I quite enjoyed it. I got to briefly chat with Clément Gignac, my former boss at the National Bank Financial, who is just as passionate (and nervous) about financial markets as he’s always been. My sources tell me Clément is doing an excellent job on asset allocation at Industrial Alliance (good for him) and loving it.

I also got to meet Marc Levesque of PSP Investments who is a very nice guy. He gave a solid overview of the different schools of thought when it comes to the economic morass we’re experiencing. Marc didn’t only emphasize demographic trends but also slower productivity as a factor weighing down growth. He did say rates will normalize but this will take time and they will normalize at a lower level than historic norms.

Jesper Koll of WisdomTree Japan offered us some good news on Japan stating that “helicopter money” is stimulating consumer spending and housing (but not manufacturing) and that full-time jobs are plentiful for young Japanese graduates (98% get placed in a job).

Koll stressed that immigration figures in Japan aren’t as low as people think because there are a lot of “Chinese students studying in Japan” and many stay there after they graduate and that there are programs that attract people from all over the world to Japan. He said that immigration has slowly crept up to 5% of the population from 2.5% a decade ago.

But for all his bullish talk on Japan’s economy, Koll is a structural bear when it comes to the yen because he thinks the BoJ has become the buyer of last resort and Japan’s debt market has been “nationalized” in the process. “Once the BoJ owns 50% of the public debt, it will transform it into zero coupon bonds, which is bearish for the yen.”

Peter Berezin of BCA delivered a solid presentation where he said he thinks the reflation trade that started in early February is coming to an end and deflation will creep back into the system. He did say that the seeds of deflation being sewn now will lead to inflation starting in the 2020s, but what will happen four years from now is anyone’s best guess.

Where I agreed with Berezin is that the US dollar is going to take off in the second half of the year. He thinks the Fed will move either in September or December and that “even a marginal rate hike in the US will send the US dollar soaring when Japan and Europe are engaging in helicopter money and struggling with negative rates.”

I have strong doubts that the Fed will raise rates in 2016 but I’m worried that Larry Summers and Jeffrey Gundlach are right, namely, central banks are losing control and they’re repeating mistakes of the past. Having said this, regardless of whether the Fed raises rates or not this year, I still think the endgame for the US dollar bull run isn’t near and that it will rebound in the second half of the year (with all sorts of implications on risk assets and emerging markets; see my recent comments on whether US stocks are going to melt up and much ado about Soros).

Anyways, that was the morning macro session which you can watch here. I also embedded it below. I’m glad they posted it along with other sessions on Vimeo here. Any mistakes I made above are mine so please watch the session when you have time.

At 9 am, I went to the inaugural session of the conference which you can watch here. I sat up front on the side, at a table right behind Jean Charest, the former Premier of Quebec. There was an interesting presentation on market volatility by Min Zhu, Deputy Managing Director of the IMF, but I must admit I had a hard time understanding him. The main point, however, is that market volatility has increased considerably as rates move lower and into negative territory (no wonder public pensions are increasingly looking to invest in infrastructure assets!).

Zhu is on record stating the nasty few weeks in financial markets that kicked off 2016 could be the new normal and volatility is not going away anytime soon even if we’re not in a global recession. Last year, the IMF recorded the most market volatility since 1929 but wild swings, he said, do not point to a global recession. “I do think it will have impact on growth, but not as a meltdown, not across-asset situation.”

I embedded the inaugural session of the conference which you can watch here below. Listen to all the panelists, especially to Glenn Hutchins, chairman of North Island and co-founder of  the technology-focused buyout firm Silver Lake.

Interestingly, Bloomberg reports that Hutchins has stepped down from the board of Harvard Management Co., which oversees the university’s $37 billion endowment. In an interview on Monday with Bloomberg Television he said he left the board after 10 years because of term limits. “Any good board has term limits and my time was up,” Hutchins said in the interview.

At 10:30 am, I moved over to the Mont-Royal hall to listen to a discussion on low rates and pensions. This was an excellent discussion on pensions which was moderated by Bernard Morency, special advisor to the Caisse de dépôt et placement du Québec (CDPQ) and it featured Leo de Bever, AIMCo’s former CEO, as well as Dirk Broeders, Senior Strategy Advisor for policy at the Bank of Netherlands and Rob Goldstein, Global Head of Blackrock Solutions. 

As of now, this session has yet to be posted on the conference’s Vimeo site. If it is, I will post it below and will add more clips below as they become available.

Dirk Broeders said that the Dutch are moving away from DB heading into the DC world. He said this will address abuses in the system and offer more flexibility and a tailor made life plan model for each individual. I wasn’t impressed with his arguments or those of Blackrock’s Rob Goldstein who also argued about empowering individuals and neither was Leo de Bever who told me right after: “It’s crazy, we don’t expect car mechanics to be financial wizards, that’s not their job.”

You already know my thoughts on defined contribution plans, I think they’ll doom more people into pension poverty, and the fact that the Netherlands is moving away from DB toward this “hybrid DB/DC model” is reason to make me think they are failing to transform their retirement system for the better. 

In my opinion, some of the arguments that Broeders was raising like pension portability and more flexibility of DC plans were way off. In Canada, if we enhance the CPP, all workers across the public and private sector will automatically have pension portability and their contributions will be managed by the Canada Pension Plan Investment Board. What more could they ask for?

The best presentation of the entire conference on pensions was given by Leo de Bever. I met him a long time ago and his intelligence never ceases to amaze me. He thinks outside the box and he doesn’t accept conventional wisdom on slowing productivity or that the status quo can’t be changed. 

Leo was kind enough to share his presentation with me and told me to “emphasize that long term economic prospects are better than the forecasts suggest” and that “pension plans can earn a better return by providing patient capital to commercialization of new technology.”

Below, I embedded the slides from his presentation (click on each image to enlarge):

 

 

 

 

 

 

 

 

The key message here is if pensions talk about investing for the long run but focus on the short term results and avoid making interesting investments (to avoid headline risk in the short run), then they’re doing their members a great disservice and impeding much needed economic growth.

In fact, afterwards Leo and I chatted about this obsessive focus on headline risk. I told him that I see too many people of influence focusing on managing career risk, which I understand given my circumstances (it doesn’t pay to stick your neck out!).

He told me that “inertia rules the day” and he’s never seen so much risk-averse behavior and lack of original long-term thinking (although his message is one of hope, he seemed a bit disillusioned with the thinking at big pension and sovereign wealth funds).

I can’t blame him. The message I got from this conference is that the new normal is terrible, we can’t fight demographic trends and lower productivity growth so pensions need to accept this grim reality and navigate as best as they can in the future.

The last session we attended was to hear Henri-Paul Rousseau, the former CEO of the Caisse, talk about low rates of return and pension plans. Leo de Bever has nothing but praise for Henri-Paul and I agree, the man is extremely intelligent, perfectly bilingual and a great communicator.

I told Leo that Henri-Paul got shafted with the entire ABCP train wreck at the Caisse and if people only knew the truth they would give him a break for what happened back then.

Anyways, I’m not going to open that can of worms. One chart that Henri-Paul put up in his presentation was showing the long-term average of rates at 3.5%. I don’t have his presentation but you can see from this article a nice chart of long-term rates going back 5000 years (click on image; don’t ask me where they get data going back 5000 years):

In his presentation, Henri-Paul went back 200 years (long enough) but the point is even if rates normalize, they’re not going to soar. He then went on to explain the problems with DB plans throughout the world using data from the Mercer Global Pension Index report.

Unfortunately, by this time, I was exhausted and falling asleep (hard to keep your eyes open in a dark room). Some guy from McKinsey presented more grim data on how slower productivity will lead to lower margins and lower valuations and by that time I was ready to slice my wrists and so was Leo de Bever (we both left together). That afternoon session was painfully long!!

Please keep track of all the sessions as they will likely be posted on Vimeo here.

Chicago Officials Investigate Hacking of Municipal Employee Retirement Accounts

Chicago officials this week began investigating the breaching of over 90 retirement accounts of municipal employees.

The breach affected 91 employees enrolled in the city’s 457 plan, which is similar to a 401(k) plan.

The majority of the accounts had money taken out of them by the hacker(s).

More from the Chicago Tribune:

Workers with Nationwide Retirement Solutions noticed “suspicious activity” with some 457 deferred compensation accounts for municipal employees similar to 401k accounts on June 1, a company spokesman said. These accounts are administered by Nationwide on behalf of the city, according to the city comptroller’s office.

City officials said 91 accounts were breached, of which 58 accounts had money withdrawn and the remaining 33 accounts did not. The theft was apparently undertaken by a person or group who accessed personal information and apparently created a web profile to take out a loan from the retirement account, officials said.

Nationwide notified the accounts holders as well as federal authorities, according to city officials and Nationwide spokesman Ryan Ankrom. Within five days, the municipal employees affected by the breach had their funds returned to their accounts, Ankrom said. “Everybody who was affected by this had their money returned to them,” he said.

Growing Appetite For Infrastructure Assets?

Leo Kolivakis is a blogger, trader and independent senior pension and investment analyst. This post was originally published at Pension Pulse.

Robin Respaut of Reuters reports, Public pension funds seek infrastructure as market heats up:

The California Public Employees’ Retirement System recently bought a stake in a private Indiana toll road with a troubled history, one sign of how popular infrastructure investments have become among U.S. pension funds.

In May, CalPERS bought a 10 percent stake of the road’s concession, representing the first U.S. transportation investment for the nation’s largest public pension fund. The Indiana Toll Road had been acquired out of bankruptcy in 2015 for about 50 percent more than its original 2006 price by a fund made up of more than 70 U.S. pension plans.

Infrastructure – such as roads, bridges, rail, airports, water storage, utilities, and pipelines – has long been favored by pension funds in Canada, Australia, and the United Kingdom. Now, as an era of strong returns in stocks and bonds is believed to be winding down, more U.S. public pension funds are looking to buy real assets for their portfolios, seeking cash-generating, stable investments in a low-interest environment.

The number of institutional investors with stakes in infrastructure has more than doubled since 2011 to more than 2,750 from 1,300, according to Preqin, an alternative assets research firm. Among the top 10 public pension funds investing in infrastructure, allocations more than quadrupled over the past five years to $17.7 billion.

The pace is likely to continue. Forecasts for infrastructure are more bullish than other real assets, such as real estate or private equity, with the majority of fund managers planning to increase the pace of investment in the next year, according to a 2016 report by Preqin and financial services firm BNY Mellon.

For a graphic on rising demand for infrastructure assets, click here.

Such competition has made it more difficult for public pension funds to secure revenue from projects like Indiana Toll Road.

“There’s too much capital chasing too few deals,” said Randy Gerardes, Wells Fargo Securities Senior Analyst.

On Monday, CalPERS plans to discuss a new bill that would spur the state to identify needed California infrastructure projects. The state would then propose that CalPERS directly invest in the projects, while the state guarantees a favorable return rate.

The bill is part of a push by the legislature to improve the state’s aging infrastructure, estimated to need $77 billion-worth of repairs, according to state estimates.

CalPERS began purchasing infrastructure projects in 2008 – in an effort to diversify its portfolio amid plunging equity markets – and later set an ambitious goal to invest $5 billion, about 2 percent of the portfolio.

The long lifecycles of road, airport, and energy projects correspond well with funds’ long-term liabilities. Pension funds seek investments that are large enough to house billions of dollars, and infrastructure projects typically require huge commitments of capital. There’s also the allure of inflation protection, as toll revenues often rise at a similar pace.

Interest has intensified as confidence in the equity markets has waned.

“We think we’re entering a world of much lower average returns, particularly in the developed world’s bond and equity markets,” said Richard Hobbs, McKinsey Global Institute Council Director.

Public pension funds, many under intense pressure to achieve returns of at least 7.5 percent, often seek projects that offer the right combination of low risk, steady cash returns, and good price.

The California State Teachers Retirement System (CalSTRS), the nation’s second largest public pension fund, would like about 4 percent of its portfolio in infrastructure. But today, it has committed only 1.4 percent, or $2.7 billion.

CalPERS, too, has struggled to reach its target commitment. Infrastructure only makes up 1 percent of the funds’ behemoth $293.6 billion total portfolio – just half of the long-term target.

Still, CalPERS made considerable strides in the last three months, boosting its infrastructure investments to $3.1 billion from $2.3 billion with the purchase of stakes in California solar plants and the Indiana Toll Road.

Demand has driven deal prices to a record high of $528 million in 2015, compared to $337 million in 2010, and will likely force investors into riskier assets or different geographies, such as in emerging markets.

In April, Paul Mouchakkaa, CalPERS managing director for real assets, said opportunities were “much more tilted to outside the country,” but CalPERS has capped its investment abroad to 50 percent, arguing that any more would require the pension fund to hire “a significant amount of people.”

“These are extremely local markets,” Chief Investment Officer Ted Eliopoulos told the board in April. Potential returns must be weighed against risks of foreign currencies, tax codes, and laws. “You can’t just pick up and bring them back home.”

If I were CalPERS and CalSTRS, I would definitely use America’s infrastructure report card to open the eyes of state and federal legislators to start acting on fixing aging infrastructure. If it’s done right, not only will it create many jobs, it will help US public pensions invest in a very long-term asset class that can help them achieve their actuarial target rate of return (and they need all the help they can get to meet their unfunded liabilities).

In Canada, the federal government has approached large public pensions to help it deliver on its ambitious infrastructure program to kick start the economy. If done right, this will help the government finance projects by using the expertise at large Canadian public pensions to invest in much needed infrastructure assets.

The key difference between US and Canadian public pensions is governance and sophistication. Canada’s large public pensions are way ahead of their US counterparts in terms of investing in global infrastructure and some are even embarking in greenfield domestic infrastructure projects, like the Caisse’s project to build Montreal’s transportation system (see press conference here).

In order to invest properly in infrastructure or other private markets across the world, they need to hire the right people with the right skill set, especially when they’re delivering greenfield projects. These people don’t come cheap which is why you need to set the right governance to be able to attract and retain them.

Interestingly, on Monday I attended the Conference of Montreal where they had the 4th edition of the International Pension Conference of Montreal (IPCM) at the Hotel Bonaventure Montreal. This is an excellent conference with great speakers but I’m still preparing my notes and will come back to it later this week (it would help if they had a dedicated YouTube channel where they posted all of the panel discussions and presentations the day after).

Anyways, at the conference I hooked up with Leo de Bever, AIMCo’s former CEO, and he gave a great presentation on why pensions looking to scale up are missing a ton of opportunities to invest in very promising smaller companies with great innovative technology (by the way, Leo is the chairman of Oak Point Energy and is looking for an investor to complete a very interesting deal there which is too small for Canada’s large pensions even if there is no downside risk whatsoever).

You’ll recall that before heading up AIMCo, Leo was working in Australia and before that he was the head of risk at Ontario Teachers’ and was one of the first to invest in infrastructure. He will be the first to tell you that returns in infrastructure, real estate and private equity have come down a lot because “there’s too much money chasing too few deals”, bidding up valuations.

But one thing he told me is the Caisse’s greenfield infrastructure project makes a lot of sense because they can achieve a return in the “low teens” as long as they have the right people working on this project. I told him they do have the right people (people with actual operational experience at SNC Lavalin Group and elsewhere) and they are leagues ahead of their large Canadian peers when it comes to greenfield infrastructure projects.

But all of Canada’s large pensions are world-renowned infrastructure investors. They might not all invest in greenfield projects but they all invest directly in mature infrastructure assets across the world, foregoing any fees to fund managers.

Infrastructure is slowly displacing real estate as the most important asset class at large Canadian public pensions. And the reason? Well, we live in a world where the German 10-year sovereign bond yields just turned negative for first time ever.

Admittedly, jitters on the upcoming Brexit vote are contributing to this flight to safety but I expect ultra low rates and maybe even negative rates to persist for a very long time, adding fuel to the demand for long-term infrastructure and to a lesser extent, real estate assets.

Real estate makes me nervous in a deflationary world because unlike infrastructure, you don’t have much pricing power in terms of leases when unemployment is soaring and companies are folding. Sure, you have regulatory risk with infrastructure, but unless you have a “Greek debacle”, people are still going to pay tolls and other fees related to use of infrastructure.

Also, infrastructure assets have a much longer life cycle than real estate assets, offering predictable returns over a very long period, which makes them a better fit in terms of meeting the long dated liabilities of pensions (in finance parlance, the duration of infrastructure is a better match to the duration of pension liabilities).

Still, let’s not rain on real estate as it remains the most important asset class at all public pensions. In fact, Sara Tatelman of Benefits Canada reports, Sovereign pension plans investing heavily in real estate:

Real estate has become the main driver of increasing alternative allocations for sovereign investors, according to Invesco’s 2016 global sovereign asset management study.

From 2012 to 2015, sovereign investors’ real estate assets grew to 6.5 per cent from three per cent of their portfolios, which represented faster growth than that of private equity and infrastructure combined, according to the report released today. For many large pension plans, common alternative investments comprise up to 30 per cent of portfolios.

While infrastructure offers stable returns and inflation protection, “the queues to get into a manager and then the queues to actually get the deal executed and the money invested are getting longer and longer,” says Michael Peck, senior vice-president of institutional investment at Invesco Canada Ltd. in Toronto. “So because these sovereign wealth funds tend to be net cash-flow positive, as a general rule, these delays can be harmful to them sometimes. So they’ve discovered that real estate is an area where they can get their money invested a lot more quickly.”

Earlier this month, the British Columbia Investment Management Corp. launched an in-house real estate management firm, an arrangement Peck says is common for large sovereign plans. But while internal real estate managers can handle what Peck calls “vanilla” transactions, such as Canadian core commercial real estate, many sovereigns funds will still work with external managers for innovative international assets. “Real estate is very much a local game,” he says.

The Invesco study also noted it’s easier for sovereign funds to find real estate asset managers than infrastructure asset managers. That’s primarily because institutions have been investing in real estate for a very long time, says Peck. Opportunities to invest in Canadian infrastructure, on the other hand, only became available in the 1990s, he notes, adding the construction of the Greater Toronto Area’s Highway 407 was the first “really big deal.”

Peck also points out smaller pension plans looking to invest in real estate may not buy physical buildings but will often do so indirectly instead. “If I just draw a parallel to our business here, we have a number of Canadian plans that buy U.S. real estate through us because you can get access to 120-odd properties in one investment,” he says. “If you’re only deploying $10 million or even $50 million, you can’t even buy a building for that.”

When it comes to Canadian pension plans looking to invest in physical buildings abroad, the U.S. market recently became much more attractive. In December 2015, the United States amended its Foreign Investment in Real Property Tax Act of 1980 so qualified foreign pension plans were exempt from paying the levy, says Peck.

The change made the United States a much more attractive investment option. The tax had “never stopped people but it was always factored into the risk/reward analysis,” says Peck.

My advice to to small (and large plans) is to cool off on real estate, especially publicly traded REITs, and focus their attention on infrastructure by seeking advice from experts at OMERS Borealis to provide them with solutions to meet their infrastructure needs.

Smaller plans can also talk to experts like David Rogers and Stephen Dowd at Caledon Capital Management or invest in private infrastructure funds like the one at Fiera Infrastructure or invest in shares of publicly traded Brookfield Infrastructure Partners (BIP).

When I talk about real estate with Leo de Bever, he tells me it makes him “very nervous” but he sees more opportunity in unlisted real estate than listed real estate. He co-authored a report for Norway discussing his ideas but they didn’t take his advice and instead listened to the other experts (in my opinion, this was a terrible decision, one that Norway will regret).

Anyways, back to the growing demand for infrastructure. Last week, Barbara Shecter of the Financial Post reported, Canada Pension, Ontario Teachers’ make $1.35 billion bet on Latin America infrastructure:

Canada Pension Plan Investment Board has made its first infrastructure investment in Mexico in a partnership with the Ontario Teachers’ Pension Plan and Latin American infrastructure group IDEAL.

The move comes as Ottawa seeks way to entice the Canadian pension giants to invest in infrastructure developments at home.

CPPIB and Teachers are kicking in a combined $1.35 billion to the partnership to acquire a 49 per cent stake in a new company formed by the partners to house one of the largest toll road concessions in Mexico, the group said Thursday.

IDEAL, an infrastructure development and operating company that is among the holdings of Mexican billionaire Carlos Slim Helu, is folding in its 99 per cent stake in Arco Norte S.A de C.V., the concessionaire of the Arco Norte toll road, in exchange for a 51 per cent stake in the new company.

Cressida Hogg, global head of infrastructure at CPPIB, said the relationship with IDEAL is a desirable as the Canadian pension giant pushes forward with plans for more infrastructure investments in Mexico and elsewhere in Latin America.

“They’re a highly regarded partner and we’ve known them by reputation for some time,” she said, adding that this deal is the first time they’ve invested with IDEAL.

According to a news release, the partners plans to “leverage on this partnership to continue investing in the infrastructure sector in Mexico.”

Alejandro Aboumrad, chief executive of IDEAL, which trades on the Mexican Stock Exchange, called CPPIB and the Ontario Teachers’ Pension Plan “world class partners,” and said his company looks forward to expanding the partnership “in the near future.”

The toll road is CPPIB’s first infrastructure investment in Mexico, but there are others in South America including two in Chile, and a gas pipeline in Peru.

Hogg said the infrastructure team in CPPIB’s Brazil office, opened in Sao Paolo in 2014, played an integral role in the Mexican toll road transaction.

“Members of our Sao Paolo office were heavily involved in this deal and bringing it to a successful conclusion,” she said.

Arco Norte is one of the largest federal toll road concessions in Mexico, with more than 30 years remaining on the concession. The 233-kilometre toll road bypass surrounds Mexico City in the north, northeast, and northwest region, “providing a critical link with major trade corridors,” according to the news release.

The Canadian government has been casting an eye on the key role the country’s major pensions including CPPIB and Teachers’ are playing in infrastructure developments around the world, and is keen to bring some of these investments to home turf.

“I’m optimistic that we will find a way to invite those sorts of investors into a Canadian project,” federal finance minister Bill Morneau said at The Economist’s Canada Summit conference in Toronto on Wednesday.

Morneau said the government is working to develop the capacity to “negotiate appropriately” with these institutional investors, and acknowledged that challenges have included finding projects with sufficient scale and returns.

“On the infrastructure file, we looked at it and said we’ve got these very successful investors in Canada, the Canada Pension Plan Investment Board, Teachers, Caisse de Dépôt and others that have been investing in infrastructure around the world,” he said, “and yet they’ve not found the projects in Canada of the scale that makes sense for them or of the dynamic that allows them to create a return.”

Hogg said CPPIB is willing to invest in Canadian infrastructure, as has been done with the 407 toll highway in Ontario. But she said any deal must fit with the pension organization’s strategy of investing material amounts in large assets.

“I think there’s clearly a road to travel around what the investment might look like and because we are a large fund, a large plan, we like to invest in size — but it could be that those kind of projects are developed and, you know, we’d be glad to look at them.”

She said CPPIB welcomes Morneau’s comments because they suggest that “this is an area of focus” for the government.

“I believe that you can do great things when the public sector and the private sector are working together to develop infrastructure,” Hogg said.

“We’d be keen to invest more in Canada. We just have to be very focused on making sure that we don’t diversity our portfolio so much that it becomes unwieldy. We need to retain our focus on asset management and doing the best deal for our beneficiaries.”

I agree with Cressida Hogg, when the private sector and public sector work together on developing infrastructure, great things happen but you need to maintain the right governance or else it will spell disaster.

Also, at the Conference of Montreal on Monday, I was impressed with Luis Videgaray Caso, Mexico’s Secretary of Finance and Public Credit, who spoke eloquently on how Mexico deregulated many industries to introduce real competition (Greece and other banana republics, take note!).

At that panel discussion, Glenn Hutchins, chairman of North Island and co-founder of Silver Lake, praised Mexico for being part of the “4G world” and said “Canada needs to move up from 3G and implement 4G or else it risks not growing as fast as it needs to.” He also stated “by the time Europe goes 4G, everyone else will be on 5G”.

Hutchins also made an excellent point on having ownership rights on the [band] spectrum and that investing in towers and telecommunication infrastructure produces other ‘derivative’ jobs.

Anyways, I need to gather my notes and report on that conference but it sure would help if they were quick to post all presentations on dedicated YouTube channel.

Let me end by cautioning all large pensions investing huge sums in infrastructure. Obviously it helps investing directly but you need to keep in mind deal valuations and how your collective actions influence pricing and opportunities.

It goes back to what Leo de Bever told us yesterday, big pensions and sovereign wealth funds are all looking for big deals that “move the needle” but this constant focus on scale is to the detriment of many funds which miss out on great opportunities to invest in smaller deals that fit perfectly with their long-term focus. Just a little food for thought for all you big funds looking to invest in the next big infrastructure deal.

Majority of Pensioners Don’t Support Divestment: Survey

A new survey says that 64 percent of pensioners in the U.S. want their pension fund portfolio’s focus to be only on maximizing returns, and 55 percent don’t want the portfolios to be politicized.

The survey was notably sponsored by the Independent Petroleum Association of America – an oil and natural gas trade group who clearly has a stake in the issue.

Keeping that conflict in mind, more results:

As a general proposition, nearly two out of three (64 percent) pensioners say they want their pension fund manager to invest in a way that is solely focused on “maximizing returns” on the money they’ve invested. Interestingly, support for this position is even higher among respondents from energy ‐ producing states, such as Texas (86 percent), Pennsylvania (74 percent), and Colorado (71 percent). Among this group, strong majorities say they don’t want their investments to be “politicized” (55 percent) and that they’ve rightfully earned those higher returns based on their careers in the public ‐ sector (53 percent).

As a follow ‐ up, respondents were asked if they’d be willing to divest from any company or industry for political or personal reasons if it meant the possibility of lower returns. Nationally, 64 percent of respondents told us they would not be willing to do that, and opposition numbers were even more significant in energy producing states. In Texas, 83 percent of respondents rejected the idea out of hand, 74 percent of Pennsylvania residents did as well, and even in New York ‐‐ which ranks as a large consumer of oil and natural gas, but not quite as large a producer of it ‐‐ 69 percent of respondents agreed that divestment wasn’t for them.

Asked as an open ‐ ended question about which companies and/or industries pensioners might be comfortable divesting from based on political beliefs, only nine percent identified firms or industries related to oil and gas. In Texas, 88 percent of respondents told us they would actively oppose divesting from oil and gas companies, and large majorities appear to hold the same position in Pennsylvania (77 percent), Ohio (71 percent) and New York (72 percent) as well, among other states.

Read the full brief here.

KY Gov. Violated Law When He Sent Police to Pension Meeting, Says KY Attorney General

On May 19th, Kentucky Governor Matt Bevin sent police to a Kentucky Retirement Systems board meeting to prevent the board chairman – whom Bevin wants off the board – from participating in the meeting.

The state’s attorney general on Tuesday released an opinion stating Bevin violated Kentucky’s Open Meetings law in the process.

More from the Herald-Leader:

Bevin sent police with his chief of staff, Blake Brickman, and Personnel Secretary Thomas Stephens to threaten to arrest Thomas K. Elliott, whom Bevin has been trying to remove from the board, and to interfere with board leadership elections scheduled for that day, [state AG] Beshear said. Several armed troopers stood in the KRS board room during the day’s meeting.

[…]

Public agencies must be allowed to conduct open meetings free from harassment, Beshear said in his opinion.

“A behind-closed-door indication of arrest if a board member attempts to participate, or of an investigation of a board member who potentially may seek election as chair, made with the intent to alter decisions or behavior related to a public meeting for public business, violates the mandate that public business not be conducted in secret,” Beshear said.

“Moreover, the presence of multiple law enforcement officers, who can effectuate an arrest, at the request of someone other than the agency head or a quorum of the board, equates to conducting public business through force. Neither scenario has a place in a democratic government that must be open,” he said.

Pennsylvania House Approves “Stacked Hybrid” Pension Changes

A bipartisan plan to alter Pennsylvania pensions passed the state House easily on Monday, by a vote of 150-41.

The plan keeps the state’s defined benefit system for public workers, but introduces a 401(k) component to the plan. Unions are “neutral” on the bill.

Republicans had been pushing for two years to overhaul the state’s pension system to an entirely 401(k)-style system; but it has been a non-starter.

More on the plan, from PennLive:

It would, for Republicans, introduce a 401(k)-style benefit component into the major state retirement plans for state and school employees, which will on some level shift the costs of future recessions away from taxpayers.

For public sector unions and their mostly-Democrat allies, it preserves a guaranteed base pension built on a workers’ years of service and salary.

State Employees Retirement System projections for many of the state’s blue-collar or clerical workers show benefits for a 30-year employee would be virtually unchanged. That was an important enough concession for the largest of the state workers’ unions to take a “neutral” position Monday.

For taxpayers, the plan introduced by Rep. Mike Tobash, R-Schuylkill County, is projected to save an estimated $5 billion in future pension costs over the next 30 years.

[…]

That vote inserted a plan negotiated by House leaders into Senate Bill 1071 with significant bipartisan support. Forty-six Democrats voted for the plan, setting the stage for final House passage later this week.

Read the bill here.


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