Arizona Public-Safety Pension Cleared of Wrongdoing in Federal Criminal Investigation

The Arizona Public Safety Personnel Retirement System has been cleared of any wrongdoing as federal officials close an investigation into the fund’s real estate valuations.

The U.S. Attorney’s Office and the FBI were investigating whether fund staff inflated real estate values to trigger bonuses.

More from the Arizona Republic:

“Based upon our joint investigation with the FBI, at this time we do not believe that PSPRS committed any criminal misconduct,” U.S. Attorney Elizabeth Strange wrote in a letter to the pension system. “This office takes no position on civil or administrative liability, however, as our review focused exclusively on whether PSPRS engaged in criminal conduct in violation of federal law.”

Trust officials, including PSPRS Chairman Brian Tobin, said during a news conference Monday at the organization’s headquarters in central Phoenix that they were vindicated.

“We knew we were innocent of any wrongdoing,” said Tobin, flanked by junior-member PSPRS staff. “We kept our heads down and focused on the work and … the outcome we believed would come did. … We, this agency, our board, this staff have done nothing wrong.”

The leader of a police organization who called for the inquiry noted, however, that it was unclear whether individuals at PSPRS had been exonerated.

The investigation began after four high-ranking employees quit in protest last year over how PSPRS was reporting the values of trust real-estate assets managed by Scottsdale-based Desert Troon. The 13,000-member Arizona Police Association responded last fall by calling for a criminal investigation.

New York Pension Commits $50 Million to Local Private Equity

Manhattan, New York

New York’s Common Retirement Fund has announced an additional $50 million will be invested in local private equity through the pension fund’s In-State Private Equity Investment Program.

Through the In-State Program, which started in 2000, the Common Retirement Fund invests in New York-based companies. Graycliff Partners will manage the new commitment.

From a press release:

“The In-State Private Equity Investment Program is proof that investing strategically in New York companies produces results,” said DiNapoli. “The program has returned nearly $300 million to the state pension fund and supported thousands of jobs across the state. This $50 million commitment to Graycliff will help to keep the state pension fund strong for the more than one million retirement system members and retirees as well as promote growth in our local economies.”

The In-State Private Equity Program is designed to meet fiduciary standards and provide investment returns to the state pension fund consistent with the risk of private equity. The program invests in New York State-based companies seeking capital for growth, to refinance ownership or for early stage investment. The program has returned $293 million to the state pension fund on 71 exited investments.

As of September, the state pension fund has invested $760 million in 292 companies and helped to create or retain nearly 4,000 jobs. Comptroller DiNapoli has more than doubled the pension fund’s commitment by adding $749 million to the In-State Program. Since 2007, three new managing partners have been added to oversee the program’s investments including Graycliff in 2014, Contour Venture Partners in 2011 and DFJ Gotham in 2009.

“Graycliff Partners has a long history of investing in and growing lower middle market businesses by supporting strong management teams and providing strategic and financial guidance,” said Andrew Trigg, managing director for Graycliff Partners. “We view New York State as a region with a great depth and diversity of corporate and entrepreneur-owned businesses poised for expansion and crucial to economic development in the state.”

The state pension fund selected Graycliff as a managing partner for the In-State Program in October, increasing the total number of partners to 19. The New York City-based firm will invest in buyout and growth equity transactions across the state.

The Common Retirement Fund manages $180 billion in assets for New York’s largest state-level retirement systems.

Kansas Pension Plans To Commit $350 Million To At Least Six Real Estate Funds

businessman holding small model house in his hands

The Kansas Public Employees Retirement System (PERS) is planning to ramp up its real estate commitments in 2015. The fund will invest up to $350 million in at least a half-dozen real estate funds. More from IPE Real Estate:

The pension fund will split the capital, with $200m for core strategies and as much as $150m for non-core investments.

An increased allocation and separate-account asset sales have given the pension fund substantial core capital to deploy.

Kansas PERS will invest the core capital with its existing core managers: JP Morgan Strategic Property Fund, Morgan Stanley Prime Property Fund, LaSalle Property Fund, Heitman America Real Estate Trust, UBS Trumbull Property Fund and Jamestown Premiere Property Fund.

It could also place capital in a new, core, open-ended fund as it evaluates the merits of adding a seventh core fund.

Non-core capital would be invested in funds targeting assets in the US, as well as Europe or Asia.

Kansas PERS, which typically makes $40m commitments, would consider approving three or four commitments next year.

The pension fund said it believed non-core strategies offered the potential for attractive risk-adjusted returns.

On an unleveraged basis, value-add investments are being underwritten to premiums of 200 basis points or more above core returns, it said.

Kansas PERS said it would continue to target skilled managers focused to their core competencies, rather than those accepting additional risk and new strategies to reach for outsized returns.

The System’s real estate portfolio returned 15 percent last fiscal year.

Kolivakis on Post-GASB New Jersey and Pension Fund Compensation

numbers and graphs

Last week, the funding ratio of New Jersey’s pension system dropped 20 points. That’s because the state began measuring funding under new GASB accounting rules, which requires using market asset values instead of actuarial ones.

This new way of measuring liabilities puts New Jersey in an even deeper hole. But as Leo Kolivakis of Pension Pulse points out, this is a hole that New Jersey dug for itself – with poor pension governance, below-median investment performance and by diverting state pension payments to other parts of the budget.

Here’s Kolivakis’ take on New Jersey’s situation, the new GASB rules and compensating pension fund staff.

__________________________

Originally published at Pension Pulse:

You can read more on GASB’s new rules for pensions here. I note the background for these changes:

On August 2, 2012, the GASB published accounting and financial reporting standards that improve the way state and local governments report their pension liabilities and expenses, resulting in a more faithful representation of the full impact of these obligations.

The guidance contained in these Statements will change how governments calculate and report the costs and obligations associated with pensions in important ways. It is designed to improve the decision-usefulness of reported pension information and to increase the transparency, consistency, and comparability of pension information across state and local governments.

For example, net pension liabilities will be reported on governments’ balance sheet, providing citizens and other users of these financial reports with a clearer picture of the size and nature of the financial obligations to current and former employees for past services rendered.

In particular, Statement 68 requires governments providing defined benefit pensions to recognize their long-term obligation for pension benefits as a liability for the first time, and to more comprehensively and comparably measure the annual costs of pension benefits.

The new GASB rules will impact all state and local pensions, not just New Jersey. This will be another important measure to determine whether U.S. public pensions are indeed on solid footing.

As for New Jersey, back in March, I commented on its pensiongate scandal and didn’t mince my words:

The article doesn’t capture the real problem at U.S. public pension plans, namely, lack of proper governance. You basically have politicians appointing political bureaucrats in charge of public pensions, paying them peanut salaries and getting monkey results. There are exceptions but this is typically how U.S. public pension funds are mismanaged.

And who benefits most from this? Of course, the Paul Singers, Dan Loebs, Steve Schwarzmans, and all the rest of the who’s who managing hedge funds and private equity funds. It’s one big alternatives party — for the big boys. Everyone is making a killing except for these public pension funds, praying for an alternatives miracle that will never happen. These alternatives managers and their sophisticated marketing are milking the public pension cow dry. They basically have a license to steal.

And why not? There are plenty of dumb institutions listening to their useless investment consultants who are more than happy to recommend the latest hot hedge fund or private equity fund to their ignorant clients. It’s a frigging joke which is why the Oracle of Omaha is 100% right when he warns us that the worst is yet to come for U.S. public pensions.

As far as New Jersey, Gov. Christie has done some good things on pension reform but a lot more needs to be done. Double-dipping pensioners are bleeding New Jersey dry.  Unions can bitch all they want about rich alternatives managers meddling in their state’s politics but they must accept shared risk of their plan, which includes raising the retirement age and cuts in benefits as long as the plan is chronically underfunded. The state of New Jersey, however, should make sure it tops up its public pension plan which it neglected to do for years (the major cause of the pension deficit).

The biggest factor explaining the pension deficit in New Jersey and other states is how successive state governments failed to make their pension contributions, using the money to fund other things (no doubt in an effort to buy votes).

But there are plenty of other factors that didn’t help, like lack of sensible pension reforms, lousy investment performance and poor governance.

On this last point, Michael B. Marois of Bloomberg reports, California Pension Fund Bonus Payouts Climb 14% From Prior Year:

The $300 billion California Public Employees’ Retirement System, the largest U.S. public pension, paid $9 million in bonuses last fiscal year, up 14 percent from a year earlier as earnings exceeded benchmarks.

The fund, known as Calpers, paid $8.7 million in bonuses to investment staff in the year ended June 30, and almost $300,000 to four non-investment executives, according to data provided by the system. The rewards are based on three-year performance verses a benchmark, as well as the earnings of each asset class and individual portfolios, said spokesman Brad Pacheco.

“These awards are part of the overall compensation we provide to recruit and retain skilled investment professionals needed to ensure success of the fund,” Pacheco said.

Public-pension funds are recouping investment losses suffered during the 18-month recession that ended in June 2009, which wiped out a third of Calpers’ value. Still, the crisis left U.S. pensions short more than an estimated $915 billion needed to cover benefits promised to government workers. Taxpayers have been asked to make up the shortfall.

The biggest bonus earner was Ted Eliopoulos, the chief investment officer who recorded a $305,810 bonus last year in addition to his $412,039 base pay.

Top Job

That bonus was paid when Eliopoulos was acting chief investment officer after his predecessor Joe Dear died in February from cancer. Prior to that, Eliopoulos headed the fund’s real estate portfolio. He now earns $475,000 in base pay after he was tapped for the top investment job in September.

Eliopoulos announced in September that the fund was divesting all $4 billion it had in hedge funds, saying they were too expensive and too complicated and not worth the returns.

The pension fund earned 18.4 percent last fiscal year, 12.5 percent a year earlier and 1 percent in 2012. It estimates it need 7.5 percent annually to meet its long-term obligation to pay benefits promised to state and local government workers.

Calpers is still short $103.6 billion needed to cover those promises based on market value as of June 30, 2012, the latest figure that was available. That shortfall is up 19 percent from a year earlier.

The California fund says it must grant bonuses to help compete with the pay that employees could make if they went to work on Wall Street. Pacheco said spending money on in-house investment management saves about $100 million a year that otherwise would be paid to Wall Street in fees.

Wall Street bonuses, which rose 15 percent on average last year to $164,530 — the highest since 2007 — may climb again as a result of payments deferred from previous years, New York Comptroller Thomas DiNapoli said last month.

Four executives outside the Calpers investment office were paid a total of $295,930 in bonuses last year, the fund said. Anne Stausboll, chief executive officer, got $113,679; Chief Actuary Alan Milligan earned $75,748 and Chief Financial Officer Cheryl Eason was paid $89,703, almost double a year earlier.

Calpers paid a total of $7.9 million in bonuses in the prior fiscal year.

Compensation is part of pension governance and if you ask my expert opinion, CalPERS’ compensation is fair and accurately reflects the market, their performance and their ability to attract and retain professionals to manage billions. The only thing I would change is base it on four-year rolling returns, like they do at Canadian public pension funds.

All this hoopla on compensation at U.S. public pension funds is totally misdirected. I happen to think most U.S. public pension fund managers are grossly underpaid, just like I think some Canadian public pension fund managers are grossly overpaid (read my comment on PSP’s hefty payouts and the subsequent ones on its tricky balancing act and its FY 2014 results which were likely padded by skirting foreign taxes).

Getting compensation right is critical to the long-term health of any public pension fund but supervisors of these funds should make sure they’re paying their senior investment staff properly based on benchmarks that truly reflect the risks they’re taking. I believe in paying people for performance, not for taking dumb risks to trounce their silly benchmark (that contributed to Caisse’s ABCP disaster which the media is still covering up).

Ruling on Jury Trial for Rhode Island Pension Lawsuit Could Come This Week

Judge Sarah Taft
Judge Sarah Taft

Will it be a jury or a judge deciding the legality of Rhode Island’s 2011 pension reforms?

That’s a question that could be answered as soon as tomorrow, when a judge will decide whether to grant the state’s request for a jury trial in the long-running lawsuit against the state’s pension reforms.

From the Providence Journal:

The lawyers in the state’s high-stakes pension case are headed back to Superior Court on Tuesday to hear Judge Sarah Taft-Carter’s anticipated decision on whether to let a jury decide the legality of the state’s sweeping 2011 pension overhaul.

[…]

The treasurer, the governor and the state retirement system have requested a jury trial in the long-running fight over the legality of pension cuts that Governor-elect Gina Raimondo crafted — and shepherded to passage in 2011 — in her current role as state treasurer, and earlier cost-cutting moves dating to 2009.

The phalanx of unions that filed the central lawsuit in June 2012 contend the cutbacks — which include the temporary suspension of the annual “cost-of-living adjustments” (familiarly known as COLAs) for retirees — are illegal.

Even though the pension benefits at issue are dictated by state law, not contract, the unions argued — and Taft-Carter agreed as a starting point for the case — that there was an implied contract.

The defendants want a jury, not a single judge, to decide whether the 2011 rewrite of state pension law impaired a contract, whether the impairment was substantial and “whether there was a legitimate public policy purpose behind the legislation that is sufficient to justify the impairment of the alleged contractual rights.”

Even if the plaintiffs who brought the six linked lawsuits establish “beyond a reasonable doubt a substantial impairment of a contractual relationship,” the state’s filing says: “It must be decided whether there is a legitimate public purpose behind the government action and whether that purpose is sufficient to justify the impairment of contractual rights.”

But a lawyer for the plaintiffs, Douglas L. Steele, told the court at an earlier juncture that the case isn’t about monetary damages. The unions want the court to use its discretion and injunctive powers to put the law back the way it was.

Carly Beauvais Iafrate, an attorney representing about 7,000 retirees, said: “We’re asking you to reinstate our benefits as they existed on June 30, 2012. That means we are asking you to take the law and just put it back. That, to me, is equitable.”

In short, the lawyers for the unions — and the retiree groups — that filed the legal challenges contend: “There simply is no right under Rhode Island law to a jury for impairment of contract claims” or any of the other alleged violations of the “takings” and “due process” clauses of the Rhode Island Constitution.

The state’s 2011 reforms applied to all workers and retirees, not just new hires. The changes included suspending COLAs and moving employees into a hybrid pension plan with elements of a 401(k)-plan.

Virginia Senator Introduces Bill That Would Curb Pensions of Lawmakers Who Leave For Other State Jobs

Virginia State Capitol

In Virginia, long-time lawmakers can boost their pensions dramatically by stepping down from the House or Senate in favor of another state job.

A state senator has drafted a bill that would limit the pension boost received by lawmakers who use this tactic.

Details of the bill from the Roanoke Times:

Quitting the Virginia House or Senate for a state job can sharply boost a legislator’s retirement benefits, and state Sen. David Marsden would like to change that.

Marsden, D-Fairfax, has introduced a bill meant to make trading elective office for state employment less of a financial windfall. Legislators who step down in the middle of their terms to take state jobs would still see their pension benefits grow, but more slowly than they do now.

“I think it rubs people the wrong way that somebody gets appointed for political purposes and then hits this bonanza,” he said. “Your retirement should be rewarded, but not with such an amazing windfall.”

State senators and delegates earn about $18,000 a year in positions that are considered part-time, but which count as full time in the state retirement system. Legislators who serve 30 or more years are eligible for the state’s full pension benefit, which is about half their annual salary — about $9,000 a year.

That figure balloons if the legislator takes a high-paying state job, since pension benefits are based on an average of the employee’s last three years of service, or five years for employees who began after this past Jan. 1. A long-serving legislator who puts in three years in a $100,000-a-year job would then receive an annual pension of about $50,000 a year.

Under Marsden’s bill, the pension benefit would be based on an average of 10 years’ salary for anyone who sees a dramatic spike in salary — exceeding 400 percent — in the last four years of service.

The bill hasn’t come out of nowhere. The FBI is currently investigating a Virginia lawmaker who did exactly what the bill aims to prevent: quit his post mid-term in favor of a high-paying state job. From the Roanoke Times:

Marsden proposed the legislation at a time when the FBI is investigating a state senator who quit in June amid job talks, and as state lawmakers prepare to tighten the state’s ethics laws in response to the conviction in September of former Gov. Robert McDonnell and his wife, Maureen, on federal corruption charges.

Phillip Puckett, D-Russell County, abruptly resigned the evenly divided state Senate in June with plans to take a high-paying job with the Republican-controlled state tobacco commission. His exit handed control of the chamber to the GOP in the middle of a standoff over Medicaid expansion. Democrats cried foul, and the FBI launched an investigation. Puckett said there was no quid pro quo and, amid the uproar, withdrew his name from consideration for the tobacco commission post.

In 1997, then-Gov. James Gilmore III, a Republican, named a Democratic state senator from Loudoun County, Charles Waddell, his deputy transportation secretary, a move that gave the GOP control of the Senate. Gilmore also appointed a Democrat to head the Department of Conservation and Recreation, creating an opening for a Republican to win a seat in the House.

Virginia Gov. Terry McAuliffe hasn’t taken a position on the bill.

 

Photo by Anderskev – Own work. Licensed under Creative Commons Attribution 3.0 via Wikimedia Commons

Judge Sides With Union In Omaha Labor Dispute; City Was Planning to Re-Negotiate Police Contracts With Pension Reform in Mind

Nebraska sign

Omaha officials were planning on re-negotiating the city’s contract with police officers, and those negotiations were likely to include some changes to pension benefits – one of the city’s top fiscal priorities in 2015 is easing its unfunded pension liabilities.

But a judge ruled last week that the City didn’t provide labor groups with written notice that it would be re-opening negotiations. As a result, the police officers’ current contracts will not expire by the end of the year.

That could make it more difficult for the City to re-negotiate contracts to its liking.

More from KETV Omaha:

The city of Omaha will appeal a ruling that determined its labor agreement with the police union rolled over into 2014.

It’s a move the city calls surprising and disappointing.

[…]

“An appeal is necessary to protect the city’s right to achieve additional pension reform in 2014,” said Mayor Jean Stothert. “From the outset, we informed the OPOA that pension reform was one of our top priorities. Addressing the unfunded pension liability cannot wait. The OPOA must work with us, not look for gotcha tactics to delay negotiations.”

[…]

The union filed the lawsuit in June, alleging the city did not provide written notice to open contract negotiations by the April 1 deadline, and therefore, the current labor agreement, which was set to expire on Dec. 21, 2013, automatically rolled over into 2014.

On Wednesday, Douglas County District Court Judge Joseph Troia issued a ruling in favor of the police union.

“Neither the Association nor the City served written notice upon the other before April 1, 2014 of its intent to reopen negotiations,” the ruling said.

Troia wrote that the city’s written request to reopen negotiations didn’t come until April 17, when the city’s negotiator sent an email to the president of the police union.

Omaha has sent a letter to the union requesting a formal start to 2015 negotiations.

Reeder: Pension Ruling Puts Illinois in a Bind

Illinois capitol

Last month, a circuit court struck down Illinois’ pension reform law, deeming it unconstitutional.

Scott Reeder, a journalist who has covered politics across the country for 25 years, wrote about what could happen if the Supreme Court upholds the circuit court’s ruling in his column in the Journal Standard:

Belz’s ruling sets the stage for the crisis to deepen.

While government worker unions were touting the ruling as a victory, it’s actually sowing despair for many current employees and sets the stage for generational warfare.

If the high court upholds this ruling, tax dollars that would be go to support schools, prisons and other state services will be diverted to fund pensions.

Look for teachers, prison guards and other state workers to receive pink slips to free up money for increased pension payments.

Who else but government workers routinely retire in their 50s, have guaranteed cost of living adjustments and pensions guaranteed to grow until the day they die?

Not most of us in the private sector, that’s for sure.

Things won’t be pretty during the 2015 legislative session, which begins in January.

Don’t be surprised if deep cuts are made in state spending, less money flows to schools and more government workers head toward the unemployment line.

And things could get worse when summer comes. That’s when the labor contract with the largest state workers’ union expires.

One should expect Gov.-elect Bruce Rauner to demand wage concessions.

It’s simple math.

With more money going to pensions, less will be available for wages and other benefits.

Of course, the Illinois Supreme Court could rule that the crisis is so extreme that the state’s emergency powers allow it to reshape pensions on their own.

Just how severe is the crisis?

If all of state government were to shut down and its entire operating budget were diverted to fund pensions, Illinois pensions would still be in the hole three years from now.

Now, that’s a crisis.

Read the entire piece here.

State Funds For Kentucky Pension Systems Could Come With Strings Attached As Lawmakers Push For Pension Transparency

face closeup

The Kentucky Teachers’ Retirement System (KTRS) and the Kentucky Employees Retirement System Non-Hazardous Plan (KERS Non-Haz) could both be in line for state money sooner than later.

But there might be some strings to that state funding, as lawmakers push for more transparency around investments and placement agents associated with the pension systems.

One lawmaker wants the pension systems to make the search for investment firms more competitive – and more public. From the Lexington Herald-Leader:

Rep. Jim Wayne, D-Louisville, wants the pension systems to use the state’s competitive bidding process to solicit investment proposals, rather than award the lucrative deals privately. Terms of each deal, including the management fees, would be made public. Wayne also would ban payments to third-party “placement agents,” middlemen who help private investment firms sell their products to pension funds.

“The status quo works for the special interests on Wall Street because it hides what they’re making off our pension system,” Wayne said.

Another lawmaker wants to know the fees paid to placement agents, as well as the pension benefits received by state lawmakers:

Sen. Chris McDaniel, R-Taylor Mill, wants full disclosure of placement agent fees. He also wants the public to see how much money individual members of the General Assembly expect to collect through pensions or how much they do collect if they are retired. Kentucky’s part-time lawmakers not only have awarded themselves state pensions, but they also carefully keep them in a separate system, apart from KRS, that is 62 percent funded.

Last winter, several bills along these lines were ignored by House and Senate leaders, including one that would have required public disclosure of all state retirees’ pensions. This time, McDaniel said, he has narrowed the focus to his fellow lawmakers.

“I’ve told people, 95 percent of state workers don’t receive a very big pension when they retire. But there are a handful of pension abuses, and it would be useful for us to understand how it works. So at the very least, the legislature can lead from the front and require transparency for its own pensions,” McDaniel said.

Not everyone in Kentucky politics agrees with the transparency initiatives. In fact, one powerful lawmaker says he won’t consider either of the aforementioned ideas:

House State Government Committee Chairman Brent Yonts, D-Greenville, said he’s not inclined to consider Wayne’s or McDaniel’s bills this winter.

“I’m reluctant to support a can-opener approach to the pension system without knowing the consequences of that and without knowing why it’s currently done this way,” Yonts said.

Outside investment managers might not want to accept KRS’ and KTRS’ money if they know their fees will be publicly disclosed, Yonts said. And nobody who gets a state pension should have to share that information with the public, he said.

“Frankly, I don’t think that’s the public’s business,” Yonts said. “They have access to the public payroll and salary information. They can theorize about what we’re going to collect in pensions. But the public is not entitled to know every last little thing about us.”

Both of the state’s major pension plans are dangerously underfunded, but the KERS Non-Haz plan is among the unhealthiest in the country, with a funding ratio of 21 percent. KTRS is 52 percent funded.


Deprecated: Function get_magic_quotes_gpc() is deprecated in /home/mhuddelson/public_html/pension360.org/wp-includes/formatting.php on line 3712