Feds Seeking $16 Million in Restitution From Corrupt Ex-Detroit Pension Trustee

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Federal prosecutors are seeking $16.8 million in restitution – to be paid out to pensioners and beneficiaries of Detroit’s public retirement systems – from an ex-pension trustee who spearheaded the kickback scheme that led to corrupt pension investments.

Paul Stewart, who has already been convicted of public corruption, ran a pay-to-play scheme in which he accepted bribes in exchange for approving investment deals.

The Detroit Police and Fire Retirement System and the city’s General Retirement System lost $95 million in the corrupt deals, according to prosecutors.

More details from Detroit News:

Federal prosecutors want former Detroit pension fund trustee Paul Stewart to pay more than $16.8 million in restitution to the victims of his crimes, including pensioners, beneficiaries and employees who paid into Detroit’s retirement system.

[…]

In a restitution memo filed Jan. 11 in Stewart’s case, prosecutors say Stewart caused $14.25 million in losses from a Texas land deal and $1.18 million in losses from a deal tied to ICG Leaseback. Stewart also caused losses by voting in favor of a 33 percent salary increase to Zajac, the memo says.

In the memo, Assistant U.S. Attorney David Gardey wrote his office is not using Stewart’s gain as a basis for restitution — as federal prosecutors in Detroit had done when seeking restitution from disgraced former Detroit Mayor Kwame Kilpatrick for his conviction on public corruption charges.

Judges from the 6th Circuit vacated the $4.5 million restitution Kilpatrick was ordered to pay the Detroit Water and Sewerage Department, saying the figure was incorrectly calculated.

Instead, Gardey wrote, his office is asking only for a restitution award in three areas where the amount of the losses can be “directly and proximately attributable to Stewart’s criminal conduct.”

Some background on the case:

Stewart was a trustee on the city’s Police & Fire Pension fund from 2005-11.

During that time, businessmen pitching investments to the pension funds paid bribes and kickbacks for his vote totaling $63,750, including a Christmas basket with hidden cash, a $5,000 casino chip, trips to Florida for Stewart, limousine rides, drinks, meals and entertainment, prosecutors said.

In return, the bribe payers received $5.2 million from money-losing investments approved by Stewart that cost cops, firefighters and beneficiaries more than $47 million, prosecutors said.

[…]

In 2014, Stewart was convicted in a public corruption case alongside former Detroit Treasurer Jeffrey Beasley and ex-pension fund lawyer Ronald Zajac, who has since died.

Two Detroit pension funds lost more than $95 million in the deals, weakening a pension system that faced takeover during the city’s landmark bankruptcy case.

Last year, Stewart was sentenced to 5 years in prison for his role in the scheme.

 

Photo by jypsygen via Flickr CC License

 

CalPERS Completes Near-Historic Real Estate Deal For NYC Office Tower

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CalPERS on Tuesday said it had completed one of the largest real estate deals in its history: the $1.9 billion purchase of a 50-story Manhattan office tower.

CalPERS did not confirm the price tag; but if the $1.9 billion figure is correct, it would also rank among the largest real estate deals in New York City history.

Details from the Sacramento Bee:

The deal closed Jan. 27, said spokesman John Cline of AXA Financial, the financial services conglomerate that sold the building.

[…]

AXA and CalPERS wouldn’t comment on the price.

Despite the hefty price tag, the purchase is in line with the more conservative investment strategy adopted in recent years by the California Public Employees’ Retirement System.

In particular, the pension fund has overhauled its real estate portfolio after losing billions in the real estate crash in 2008. The pension fund is undertaking fewer speculative deals from the ground up and plowing most of its money into commercial properties that are open for business and mostly if not completely leased up. The New York building is reportedly 98 percent leased.

“The acquisition follows our real estate strategic plan to invest in core, income generating properties,” said CalPERS spokesman Joe DeAnda in an email. The pension fund made the purchase with one of its outside real estate partners, CommonWealth Partners of Los Angeles.

The deal amounts to 7 percent of CalPERS’ real estate portfolio.

CalPERS manages a portfolio of approximately $275 billion.

 

Photo by Thomas Hawk via Flickr CC License

Japan Panel Undecided on In-House Investing for World’s Largest Pension Fund

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A panel was split this week over whether to recommend that Japan’s Government Pension Investment Fund – the world’s largest pension fund – begin managing most of its equities in-house.

The CIO of GPIF said last month he was “sick of” outsourcing most of the fund’s investment management.

But the panel did propose the dismantling of rules prohibiting GPIF from investing in derivatives.

More from Bloomberg:

A panel advising on Japan’s Government Pension Investment Fund deferred a decision on whether to allow in-house investment on stocks.

Also, rules banning GPIF from investing in derivatives should be eased, the committee told reporters in Tokyo on Monday. The panel will present the two proposals to Health Minister Yasuhisa Shiozaki.

The health ministry advisory panel began debating in-house investments in earnest this year, the latest step in an unprecedented overhaul under Prime Minister Shinzo The 19-member group was divided over the proposal, with opponents saying that the fund will have too much influence over Japan Inc. if it directly owns voting rights.

Susumu Makihara, from Japan’s biggest business lobby Keidanren, said in previous panel meetings that GPIF will become a vehicle for the government to influence private company management. Proponents for change argue that GPIF would reduce the amount it spends on hiring external managers and be better-equipped to obtain real-time market information and investment knowledge.

[…]

The law governing GPIF currently prohibits the fund from investing in stocks directly as well as trading in derivatives. The health ministry may use the panel’s recommendations to create a bill proposing any change in the current diet session. The bill will also include a plan to install a board of mostly independent directors to oversee its investments.

GPIF oversees a portfolio of $1.2 trillion.

 

Photo by Ville Miettinen via Flickr CC License

Kansas Gov. Would Be Allowed to Delay Pension Payments Under New Budget Plan

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A budget proposal, approved by a Kansas Senate committee on Monday, would allow Kansas governor Sam Brownback to delay contributions to the state’s pension systems.

Under the bill, the delayed payment would be paid gradually over the course of 2 years and with 8 percent interest.

More from the Kansas City Star:

HB 2365 includes a provision that would enable the governor to delay contributions to the state’s pension system. It would require that he pay the withheld payments at an 8 percent interest rate over 24 months.

“It’s not a loan,” said Sen. Jim Denning, R-Overland Park, the lawmaker who offered the amendment. “… It smells like one, but it’s not.”

Denning said the provision was meant to free up capital for the state in the short term, but also ensure that the pensions system would be on stronger financial footing over time through the interest rate.

The provision does not limit the amount of money the governor can withhold.

The move was condemned by both the Kansas Organization of State Employees and the Kansas chapter of the American Federation of Teachers.

Both unions took to social media to express doubt that the delayed payments would be fully repaid and to voice concern that allowing the governor to use the pension system as a source of extra cash would endanger its stability.

Sen. Laura Kelly, D-Topeka, asked whether the repayment would be guaranteed. Sen. Ty Masterson, R-Andover, replied that it would be, “to the extent that anything in statute is guaranteed.”

The budget proposal currently floating around in the House also allows the Governor to delay payments.

 

Photo credit: “Seal of Kansas” by [[User:Sagredo|<b><font color =”#009933″>Sagredo</font></b>]]<sup>[[User talk:Sagredo|<font color =”#8FD35D”>&#8857;&#9791;&#9792;&#9793;&#9794;&#9795;&#9796;</font>]]</sup>

CalSTRS Gets New Power to Set State, School Rates

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Reporter Ed Mendel covered the California Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. More stories are at Calpensions.com.

As its pension debt soared after the financial crisis, CalSTRS struggled for years to get legislation needed to raise rates — meeting with legislators, looking at suing the state, and even issuing a $600,000 public relations contract to help sway lawmakers.

“Pay now or pay more later” was the refrain.

Actuaries calculated that during each year of delay, the total cost of the rate hike needed to project full funding in 30 years was growing at a rate of roughly half of one percent of pay.

But the century-old California State Teachers Retirement System was helpless for historical reasons, lacking a key power held by most California public pension systems. It could not set annual rates that must be paid by employers.

Then two years ago, after nearly a decade of CalSTRS pleading, the Legislature and Gov. Brown enacted a record rate increase. School district rates will more than double by the end of the decade, while teachers and the state have smaller increases.

Little noticed at the time, the legislation (AB 1469) also gave CalSTRS some long-sought power to raise employer and state rates — a big step toward normalizing the teachers’ pension system and a rare loosening of legislative control over the state budget.

“We were quite happy with the outcome,” Ed Derman, CalSTRS deputy chief executive officer, said last week as the new rate-setting power got a double dose of public attention.

The CalSTRS board approved a one-year delay in the “experience” study done every four years to help actuaries keep projections on track. The extra time will allow improved estimates of life spans before new rate-setting power begins.

The nonpartisan Legislative Analyst’s Office issued a review of the CalSTRS funding legislation suggesting tweaks may be needed to reduce the complexity, correct how debt is shared between employers and the state, and improve oversight.

In what could be a major change, the legislation lifted a cap that limited the basic CalSTRS state rate to 3.5 percent of pay. Now the CalSTRS board has the new power, beginning next year, to raise the state rate up to 0.50 percent of pay each year.

Another change gives CalSTRS the power, beginning in 2021, to raise the rate paid by school districts and other employers up to 1 percent of pay a year. But these rates are limited to a range of no less than 8.25 percent of pay and no more than 20.25 percent.

The Legislative Analyst thinks there is a “good chance” the state will not pay more under the new funding plan than it would have paid to CalSTRS under the previous funding law.

But like other California public pension systems, CalSTRS expects earnings from its large investment fund (valued at $186 billion last Dec. 31) to provide about two-thirds of the money needed to pay pensions in the future.

So, there also is a possibility that if the critics are right and investment earnings fall well short of the 7.5 percent annual long-term average expected by CalSTRS, new rate increases will be needed to fill the funding gap.

The uncapped state rates soon to be set by CalSTRS would have to cover most of a big new funding gap. Not only are school district rates capped at 20.25 percent of pay, but the legislation pushes them near the cap, going from 8.25 percent to 19.1 percent by 2020.

Depending on whether investment earnings exceed or fall below the CalSTRS forecast, said the Legislative Analyst’s report, the basic state rate in about 30 years could drop to zero or soar to 18 percent of pay.

“In the context of current statewide teacher payroll, the difference between these two extremes is roughly $5 billion — more than three times the state’s current contribution to CalSTRS’ main pension program,” said the analyst’s report by Ryan Miller.

“We note that the state’s share of CalSTRS’ unfunded liability would be higher than reflected in the figure (chart below) if CalSTRS lowers its assumption concerning future investment returns.”

Chart

The basic state CalSTRS rate increases to about 6 percent of pay in the new fiscal year beginning in July. It’s the last of three annual increases under the legislation, which tripled the state rate that was about 2 percent of pay three years ago.

The new power CalSTRS gets next year to raise the basic state rate does not include a separate state payment, frozen at 2.5 percent of pay, for a fund that keeps teacher pensions from falling below 85 percent of their original purchasing power.

As reported in a recent post, the Supplemental Benefit Maintenance Account had an $11.5 billion reserve last fiscal year for an annual payment of $193 million. There has been no analysis of whether the huge reserve is an efficient use of taxpayer funds.

The California Public Employees Retirement System provides similar inflation protection through a single employer-employee contribution rate that also covers the cost of pensions and annual cost-of-living adjustments.

And if the 85 percent guarantee is a “vested right” under state court decisions widely believed to mean that public pension benefits cannot be cut, there may be no need for a huge reserve to ensure inflation protection for many decades into the future.

Teachers got the smallest rate increase under the legislation two years ago because their contribution to CalSTRS was said to be a “vested right” that could only be cut if offset by a new benefit of comparable value.

For teachers hired before a pension reform in 2013, the rate went from 8 percent of pay to 10.25 percent. The offsetting new benefit was a provision in the rate legislation explicitly making a routine cost-of-living adjustment a vested right.

CalSTRS pensions get an annual 2 percent cost-of-living adjustment, a fixed amount based on the original pension. In the past this “improvement factor” has not kept pace with inflation, creating a need for the fund to protect original purchasing power.

Last week, the CalSTRS board was told that the life spans of retirees have been increasing faster than anticipated. Two years ago CalPERS increased employer rates to cover longer life spans expected for its retirees.

Rick Reed, CalSTRS chief actuary, said the same mortality table has been used for persons age 20 and age 60. A weighted average tends to estimate a life span that is too long for the 60-year-old and too short for the 20-year-old.

With new computer technology, Reed said, it’s possible to have a mortality table for each individual for each year. For a person age 20, there would be 70 mortality tables by age 90.

“Conceptually, it’s not new,” Reed said. “It’s just more doable now.”

By delaying the experience study until next year, the CalSTRS board hopes to have more accurate and stable mortality data, audited by an outside actuary, when its new rate-setting power begins.

 

Photo by Stephen Curtin via Flickr CC License

Greece May Alter Pension Reforms After Creditor Objections

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Greek workers launched large protests last month against a pension reform package that would cut retirement benefits and require higher contributions from both employees and employers.

But it was ultimately creditors who may have convinced the Greek government to tweak parts of the planned overhaul – although the changes may lead to steeper benefit cuts than before.

From Kathimerini English:

The government is prepared to concede ground to its lenders over their objections to proposed pension reforms and, in a double-pronged strategy, also offer incentives to opposition parties through a change in the electoral law.

The first week of negotiations surrounding the bailout review made it clear that the creditors object to plans to raise social security contributions by 1.5 percentage points and to change the structure of income tax.

With regard to the hike in contributions, the coalition seems prepared to lower the rise to 1 percentage point and to make the remaining savings by slashing supplementary pensions and limiting some high-end basic pensions.

Greece needs to come up with a pension overhaul that leads to savings equal to 1 percent of the country’s GDP; it’s a condition of the country’s $93 billion bailout.

 

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Rough January For Corporate Pensions: Report

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The funded status of the typical U.S. corporate pension plan fell nearly 4 percent in January – marking the third consecutive month in which funding status has decreased, according to the BNY Mellon Institutional Scorecard.

[You can view the full scorecard here.]

More from the scorecard:

The funded status of typical U.S. corporate pension plans fell by 3.8 percent in January, to 79.7 percent. The S&P pension deficit is also estimated to have increased by $83 billion, to $411 billion over the month—as assets fell to $1.61 trillion, and liabilities rose to $2.02 trillion. Despite asset returns of negative 5.2 percent over the past year, the funded status of the typical U.S. corporate pension plan have still increased by 2.0 percent over the last 12 months, up from 77.7 percent.

“Plan sponsors are beginning to lose their patience with the onslaught of negative news surrounding their pension plans,” said Andrew Wozniak, head of BNY Mellon Fiduciary Solutions. “Whether it is increased longevity driving liabilities higher, poor investment returns or the negative impact of lump sum payments on their funding percentage, some sponsors are beginning to think that the only solution to their problem is proactively funding their plans.”

Public DB plans and foundations & endowments also performed poorly in January, as they failed to meet the Scorecard’s monthly return targets, by 4.2 and 4.0 percent, respectively. Assets dropped by 3.6 percent for both investor types.

The typical public DB plan is now 12.6 percent behind its one-year return target as assets have, in total, dropped 5.1 percent over that time period. Similarly, foundations & endowments are short of their annual return target by 12.0 percent, despite modest inflation over the past year.

The BNY Mellon Institutional Scorecard tracks the funding of corporate plans, public DB plans and endowments over time.

 

Photo by Sarath Kuchi via Flickr CC License

Pension Pulse: Canadian Pensions Cooling on Infrastructure?

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

Matt Scuffham of Reuters reports, Canada pension funds pull back on infrastructure as prices climb:

Canada’s biggest pension funds say they are walking away from more and more global infrastructure deals, citing concerns that intense competition for assets has driven valuations too far.

The shift could help cool global prices for tunnels, airports, toll roads, energy networks and other infrastructure as Canadian pension plans are among the world’s biggest and most active buyers.

Pension funds’ investment in infrastructure has risen since the 2008 financial crisis, as plunging interest rates and bond yields drove these players to seek steady returns elsewhere. Global equity and commodity turmoil has done little to dampen that interest and intense competition for a limited number of assets has been reflected in recent valuations.

Some investors, particularly in private equity circles, complain that the Canadian funds – dubbed “maple revolutionaries” because of the strategy of direct equity investments they pioneered in the 1990s – have a tendency to overpay.

Senior executives at the leading Canadian funds defend the merits of past infrastructure deals, but say they are worried prices no longer reflect the illiquidity of the assets, which cannot be sold quickly like stocks or bonds.

“The market is overheated. We have stepped out of the bidding for a lot of assets over the last two or three years,” a senior executive at one of Canada’s biggest public pension funds, who declined to be named, told Reuters.

Among recent deals with no Canadian participation, British rail rolling-stock owner Eversholt Rail Group was sold for $3.8-billion (U.S.) to Hong Kong’s Cheung Kong Infrastructure Holdings (CKI).

Canadian funds still expect infrastructure to grow as a proportion of their overall investments because most plans have money rolling in and view infrastructure as a good match for long-term liabilities. But they say want to be more selective.

Canada’s biggest 10 public pension funds have more than trebled in size since 2003 to more than $1.1-trillion (Canadian) in assets. A third of that is now held in alternative assets such as infrastructure, real estate and private equity.

DUMB MONEY?

Four Canadian pension funds now rank among the world’s top 10 infrastructure investors, according to Boston Consulting Group. At the end of 2014 the four funds had $36.8-billion (U.S.) infrastructure assets under management, equivalent to 41 per cent of the total infrastructure assets held by the top 10.

One New York-based investment banker, speaking on condition of anonymity, said private equity firms that have lost an infrastructure auction to a Canadian pension fund often grumble they paid too much, referring to rival bids as “dumb money”.

For example, last year’s acquisition by Canada’s CPPIB and Hermes Infrastructure of a 30 per cent stake in Associated British Ports for about $2.4-billion valued the business at around 20 times earnings compared with multiples of 10 to 12 that investors say are typical for the sector.

But recent prices do not necessarily mean buyers are paying too much said Dougal Macdonald, the head of Morgan Stanley Canada, which has advised on a number of deals involving Canadian pension funds.

“In a low rate environment, target returns across virtually all asset classes have come down. It is simply a resetting of returns for the right assets,” he said.

Canadian pension funds typically look for nominal returns of 6 to 8 per cent from infrastructure, a few percentage points above what they would expect from fixed-income investments. Bankers note that private equity funds often seek returns of 20 per cent or higher, meaning pension funds can afford to pay more.

‘CLUB DEALS’ AND BIDDING WARS

Still, Canadian executives said their funds should avoid being drawn into bidding wars as part of competing consortia.

“You’ve got to try and avoid auctions because they can get crazy. If you’re just walking around with an open cheque book in these markets you’re going to pay too much,” said another executive with one of Canada’s three largest pension funds, who declined to be named because of the sensitivity of the issue.

The executive said Canada’s largest funds should co-operate more frequently. However, such “club deals” remained rare for the top three – the CPPIB, the Caisse de dépôt et placement du Québec and the Ontario Teachers’ Pension Plan.

In the past they often found themselves competing against each other as well as foreign rivals that include South Korea’s National Pension Service, Dutch pension fund APG, Australia’s Future Fund, private equity and some sovereign wealth funds.

Among recent deals, New South Wales Premier Mike Baird hailed a “stunning result” for the Australian province after a consortium including the Caisse agreed to pay $7.5-billion for an electricity network last year, significantly more than analysts expected.

The group had seen off competition from other investors including the CPPIB and a unit of another Canadian pension fund. The Caisse said at the time it was confident the acquisition met its investment objectives.

Canadian funds are also involved in a takeover battle for Australian port and rail giant Asciano AIO.AX, with Brookfield Asset Management BAMa.TO bidding against a consortium that includes the CPPIB.

Asciano’s shares are trading below both groups’ offers but at 34 times their earnings still look expensive compared with its nearest rival Aurizon, valued at 13 times its earnings.

“There’s a lot of money chasing assets,” an executive at an Ontario-based fund said. “The important thing is to maintain our discipline”.

None of this surprises me. Three years ago, I openly asked whether pensions are taking on too much illiquidity risk and whether their collective search for yield is inflating an infrastructure bubble.

In April of last year, Ontario Teachers’ CEO Ron Mock sounded the alarm on alternative investments stating: “There’s a lot of money crowded into the broadly defined alternatives space. We find it too expensive. It’s time for us to step back.”

I want you to all remember my rule of thumb, when everyone is doing the same thing, paying outrageous prices for liquid or illiquid investments, or investing in the hottest hedge funds or whatever hot new strategy or theme investment banks are peddling, it typically means lower returns ahead.

Call it the law of unintended consequences. When I was working at PSP back in 2005, I sent a Fortune article to the president and senior management which discussed why Tom Barrack, the king of real estate was cashing out. I specifically highlighted this quote, which remains my favorite investment quote of all-time: “There’s too much money chasing too few good deals, with too much debt and too few brains.”

That didn’t exactly win me any friends over in the Real Estate department where the then head of Real Estate at PSP, André Collin, was fuming but I couldn’t care less as my job wasn’t to coddle people, it was to warn them about risks lurking ahead (something Gordon Fyfe never fully appreciated and ended up regretting).

That same year, I flew over to London to attend some Barclays conference on commodities and came right back to Montreal to work on a board presentation arguing against commodities as an asset class (too many investment banking cheerleaders peddling BRICS and commodities at that conference) .

The investment bankers didn’t like me a lot as I made them do a lot of grunt work and finally decided against recommending commodities in PSP’s portfolio. Mihail Garchev who is still at PSP helped me look at the numbers and it just didn’t make sense. That decision alone saved PSP billions in losses.

Unfortunately, at the time, PSP was taking all sorts of stupid risks in its credit portfolio, including selling CDS and buying ABCP. In the summer of 2006, I looked at the issuance of CDOs and CDO-squared and cubed products, and warned PSP’s senior managers of the bursting of the U.S. housing bubble and how it will wreak havoc on credit markets, but nobody took my dire warnings seriously (to be fair, some were worried too and nobody had any idea how bad things would get).

In fact, I remember calling people at Goldman to discuss ways we can short ABX (an index of subprime debt) and this made them somewhat nervous: “Why would you want to do that? The U.S. housing market is great. ” (felt like saying “because I don’t trust you guys and I don’t want you to question me, just tell me if you can do it and how much it will cost us!”. But nothing came out of this because PSP’s management decided not to hedge our credit risk back then).

I wrote about that experience here and how it cost me my job here. Anyways, that’s all ancient history now but all this to say when everyone is doing the same thing, following the crowd, listening to their trusted investment bankers peddling them hot investment ideas, it typically doesn’t end well.

There are booms and busts in everything. That goes for public markets and private markets. You’ll have cycles and typically dumb money is on a feeding frenzy when you’re at the top of the cycle.

Now, as far as infrastructure, there’s no question it’s an important asset class. I know, I worked with Bruno Guilmette, PSP’s former head of infrastructure, on the board presentation to introduce that asset class at PSP back in 2005.

The best way to think of infrastructure is as an investment similar to real estate but with a much longer investment horizon, providing steady cash flows (yield) over a very, very long time. Typically infrastructure investments yield returns in between stocks and bonds over a very long period.

Why do pensions love infrastructure? Because pensions need to match assets with liabilities and with rates at record lows and likely staying ultra low for years, they need to find a relatively safe, secure and scalable substitute to long bonds which aren’t yielding enough to match their long dated liabilities which go out 75+ years (there’s a duration mismatch with long bonds and yields are too low).

And when you’re a big Canadian pension fund, you’re not going to invest in an infrastructure fund, you’re going to invest huge sums directly. Unlike private equity which is almost exclusively, if not exclusively, done via fund investments and co-investments, all of Canada’s Top Ten invest in infrastructure directly (same with real estate but there are also a lot of fund partnerships in that asset class).

The problem is when everyone is looking to find prize infrastructure assets, things get expensive because everyone is playing the bidding game. This is what the article above discusses. Note how many “senior executives” are complaining publicly to that reporter, off the record of course.

Still, there have been some interesting deals lately. For example, Borealis Infrastructure, an investment arm of OMERS and arguably one of the best infrastructure investors in the world, just bought a 24.15% stake in Spain’s largest operator of oil storage facilities and pipelines:

Borealis Infrastructure – part of the OMERS pension system – is acquiring a 9.15% stake in Compania Logistica de Hidrocarburos, or CLH, from Cepsa and a 15 stake from Global Infrastructure Partners.

Financial terms of the two deals were not immediately available.

CLH, Borealis Infrastructure’s first investment in Spain, expands the pension fund manager’s European infrastructure portfolio which already includes investments in the United Kingdom, Germany, Sweden, Finland and the Czech Republic.

CLH has 40 storage facilities and 4,000 kilometres of pipelines in Spain. The company also has 16 storage facilities and more than 2,000 km of pipelines in the United Kingdom.

Back in November, CPPIB, OMERS and Ontario Teachers’ bought a stake in a Chicago toll road:

Three Canadian pension funds have signed a deal to buy the company that operates the Chicago Skyway toll road for US$2.8 billion.

The Canada Pension Plan Investment Board, Ontario Municipal Employees Retirement System and Ontario Teachers’ Pension Plan will each hold a one-third stake in Skyway Concession Co. LLC, which runs the toll road under a concession agreement that lasts until 2104.

The Skyway runs 12.5 kilometres and connects the Dan Ryan Expressway to the Indiana Toll Road.

Skyway Concession, owned by Cintra Concesiones de Infraestructuras de Transporte S.A. and Macquarie Atlas Roads and Macquarie Infrastructure Partners, took over operations of the toll road in 2005 under a 99-year deal for US$1.83 billion.

The company is responsible for all operating and maintenance costs of the Skyway, but has the right to all toll and concession revenue.

The deal is subject to regulatory approvals and customary closing conditions.

As you can see, there of plenty of deals going on but things might be getting frothy and with risks of deflation and a global slowdown looming, I guess a lot of infrastructure investors are scrutinizing the multiples they pay on these investments a lot more closely.

And while many are cooling off on infrastructure, some are even selling assets. AIMCo just announced the sale of Autopista central toll road in Chile:

Alberta Investment Management Corporation (“AIMCo”) is pleased to announce the successful divestment of its 50% interest in Autopista Central de Chile, a Santiago-based toll road infrastructure asset, on behalf of certain of its clients, to Abertis Infraestructuras SA (“Abertis”) for € 948 million (approximately CAD 1.5 billion).

The sale of Autopista Central represents the culmination of a very successful private investment for AIMCo and a demonstration of its ability to manage this unique asset through the investment life cycle. This mutually beneficial transaction further provides a unique opportunity for Abertis to consolidate its interests under its Chilean Road Portfolio, furthering its current strategy.

Autopista Central is a 61-kilometer, six-lane highway in Santiago that went into operation in 2007. AIMCo acquired a 50% stake in Autopista Central de Chile in December 2010, on behalf of certain of its clients, joining a consortium of companies with 100% ownership of Autopista Central SA unit, a Santiago-based provider of toll roads operations services. The consortium, now solely-owned by Abertis, holds the concession until 2031.

“AIMCo has enjoyed working with the strong management team of Autopista Central and our partner Abertis over the last five years,” says Ben Hawkins, Senior Vice President, Infrastructure & Timberlands at AIMCo. “Autopista Central has one of the best management teams in the industry, and the acquisition will allow Abertis to achieve further synergies and benefits to its portfolio. We are happy to have been an owner of this important piece of infrastructure to Santiago, and remain committed to investing further in Chile given the right opportunities.”

AIMCo Chief Executive Officer, Kevin Uebelein, states further, “Today’s transaction realizes excellent gains for AIMCo’s clients. Our talented and capable team of Infrastructure investment professionals maximized the value of this asset through each stage of the investment lifecycle as evidenced by this outcome.”

I will leave you with something AIMCo’s former CEO Leo de Bever shared with me via email earlier today on this topic:

When I was at Ontario Teachers, we were one of the first Canadian funds to start investing in infrastructure. The market was inefficient, and we probably made more money than we should have because as others followed suit, prices started to rise.

With the rapid growth of pension and sovereign wealth funds, the money is piling into this asset class faster than the supply of good investments. Some of the new investors are seeking top line yield without factoring in risk. The biggest risk of infrastructure is political and contractual: whenever there is a dispute between a few investors and a lot of taxpayers or users, the investors are in danger of losing out. With publicly owned infrastructure, that cost is just quietly absorbed.

Reliability of contracts and concession provisions are key to attracting capital on good financial terms. With interest rates low, target returns of 6% to 8% may look like a king’s ransom, but pricing infrastructure as a risk free bond makes little sense, because it ignores efficiency of capital use and operating risks. The unit cost of capital on many publicly financed projects may be low, but in many cases they end up having to raise a lot more dollars. Some of the best projects I never financed ended up badly for that reason.

Most government owned social infrastructure has been underpriced for decades because of the political pressure to keep user rates low, resulting in a lot of deferred maintenance and no provision for capital replacement. It seems that we need bridges falling down and water pipes bursting before we make that connection.

There should be a growing opportunity for pension funds to fund new infrastructure, as governments look for more efficient ways to deal with these issues. I have been surprised that this is not happening faster.

The main reason seems to be that no one is held accountable for the social opportunity cost of deficient infrastructure caused by congestion, grid failure, and water pollution from poor sewage treatment capacity planning. I see this as one of the factors holding down future GDP growth potential.

Canada’s federal government is embarking on a big infrastructure build program. That could be great, and is long overdue, assuming it targets the right investments. We should think carefully about not just building more of what we already have. The future may need different facilities, reflecting, for example, what I see as a trend to more distributed production of energy, and more emphasis on decentralized ways to improve efficiency of water use and treatment.

Smart guy that Leo de Bever and you’ll recall the ‘godfather of infrastructure’ was warning investors of how expensive infrastructure was getting back in July 2010 when he stated the following:

“I did a fair bit of the early infrastructure stuff among Canadian pension funds,” he said. “And in the beginning you could get an honest 14 per cent return on equity because the market was very inefficient.” To do the same thing these days, with a number of players competing for deals, would take a whole pile of leverage, he suggested.

But ended with this comment:

“In most places, water and sewage are going to take an enormous amount of capital because everything is starting to leak,” he said. “Given that the fiscal positions of a lot of these governments is pretty weak, private capital has to come in at some point, and that’s when I think infrastructure will become attractive again.”

So while Canada’s big pensions are cooling on infrastructure, it doesn’t mean they’ve written this asset class off entirely. Quite the opposite, they still invest heavily in infrastructure but are scrutinizing deals a lot more carefully.

It’s also worth noting that some funds, like the Caisse, are taking on greenfield infrastructure projects in Quebec. While some are questioning whether it can make money on these projects, I’m very confident it will do just fine (the Caisse hired the right people to oversee these greenfield projects).

 

Photo by Kyle May via Flickr CC License

 

Arizona Senate Passes Public Safety Pension Overhaul

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A proposed overhaul to Arizona’s public safety pension system sped through the state Senate on Thursday and is now headed for the House.

Pension360 covered the proposal earlier this week.

Unlike most bills proposing pension changes, this one is newsworthy because it has a real chance at becoming law; talks around the bill have been going on for months, and numerous parties – lawmakers, state officials, labor groups – have all been involved.

The bill passed the Senate unanimously on Thursday by a 28-0 vote.

More from the Arizona Republic:

Besides changes to cost-of-living adjustments, major provisions include a new tier for newly hired police and firefighters that limits maximum pension payments and requires employers and employees to share equally in payments to retirement accounts. New hires also would be given a choice of opting for a 401(k) style retirement plan rather than a plan with a guaranteed pension.

Current employees pay about 11 percent of their pay into the retirement plan, but employer contributions aren’t capped.

[…]

If the House and Gov. Doug Ducey follow the Senate in approving the package, voters will be asked to approve the deal in May, because current retiree cost-of-living adjustments would be lowered under the plan from 4 percent a year to a maximum of 2 percent.

The issue is pressing because public agencies have seen contribution rates to the Arizona Public Safety Personnel Retirement System soar to make up for the underfunding.

Peoria Republican Sen. Debbie Lesko negotiated the deal with public safety unions and employers across the state, making good on a promise she made a year ago.

“I had told the governor and his staff a number of months ago my goal was to pass major pension reform and do it unanimously,” she said as she explained her vote. “And I got some laughs and I got some chuckles, but hey, I think we’re going to get it done.”

As noted in the article, voters would have to approve the measure at the ballot box.

 

Photo credit: “Entering Arizona on I-10 Westbound” by Wing-Chi Poon – Own work. Licensed under CC BY-SA 2.5 via Wikimedia Commons

Dep. of Labor Sues 5th Largest Multiemployer Plan Over Alleged Fiduciary Breach

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The Department of Labor this month announced it had filed suit against the International Order of Machinists National Pension Fund – the 5th largest multiemployer pension fund in the country – for multiple alleged ERISA violations.

[Read the official complaint here.]

Details from BenefitsPro:

According to DOL, the trustees […] breached their fiduciary duty by failing to prudently select fund service providers, including consultants and fund investment managers; ignoring required procedures included in the fund’s governing plan documents; creating conflicts of interest for the fund; unlawfully soliciting and accepting gratuities from plan service providers; and spending and permitting others to spend fund assets lavishly on unnecessary trips, parties and extravagant food, wine, and accommodations.

[…]

The DOL’s lawsuit seeks a court order requiring the defendants to restore any losses suffered by the fund due to the alleged violations and requiring the fund to implement reforms to prevent future ERISA violations.

“This case clearly shows how the fund and its trustees shirked fiduciary responsibilities to the detriment of pension fund participants,” Michael Schloss, acting director of EBSA’s Philadelphia region, said in a statement. He added, “The department will not tolerate when fiduciaries fall short of their legal obligations, and will take every necessary action to hold them accountable.”

The plan is 101 percent funded and manages nearly $11 billion in assets.


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