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Rhode Island Denies Newspaper Access to Records of Hedge Fund Investments by Pension System

When the Providence Journal initially asked to see records relating to hedge fund investments by Rhode Island’s pension system, they were surprised that their request was promptly granted.

But they soon found out why: the documents were heavily redacted, and much of the information journalists were looking for—manager compensation, as well as risk and investment strategies of the funds—was blacked out.

So the newspaper filed a complaint against the Attorney General’s office in hopes of receiving access to the full, uncensored documents. The request was denied Thursday. From the Providence Journal:

Attorney General Peter Kilmartin’s office has ruled against The Providence Journal in a long-running dispute over records related to the state pension system’s investment in hedge funds.

The Journal initially sought the records from General Treasurer Gina Raimondo’s office. After that office provided heavily redacted documents, the newspaper appealed to Kilmartin’s office.

Assistant Attorney Gen. Michael Field, in a decision released last week, rejected The Journal’s appeal, which focused on a section of the state’s Access to Public Records law that says records presented and discussed at a public meeting are always public.

Field hung his decision, in large part, on an interpretation of “the plain language and meaning of the word ‘submitted.’”

The ruling stems from a complaint The Journal filed after Raimondo’s office refused to make public, in full, the “due diligence reports” that the state’s investment adviser, Cliffwater LLC, prepared prior to the state’s investment in three hedge funds: Third Point Partners, Elliott Associates and Mason Capital.

The Providence Journal claims that the documents should legally be available under the state’s Access to Public Records Act. That law states that records presented and discussed at public meetings are available to the public upon request. The Journal claims that the documents were discussed at an open meeting of the State Investment Commission. More from the Providence Journal:

The complaint stemmed from an April 14, 2013, request by then-Journal reporter Michael Stanton to the treasurer’s office for investment and due-diligence reports that Cliffwater prepared and presented to the State Investment Commission, chaired by Raimondo, on 19 hedge funds.

He also requested a copy of the PowerPoint presentation that the Point Judith Venture Fund II, created by a firm cofounded by Raimondo before she took office, presented to the investment commission in the lead-up to a $5-million state investment.

The Journal argued that: “All of the documents Stanton requested were presented in full at public meetings of the [State Investment Commission] and are referenced in meeting minutes and tape recordings.”

Raimondo’s office provided heavily redacted copies of the records, asserting that the redacted portions of the records contained information deemed confidential, [proprietary] and/or trade secrets.”

The Journal released a statement that said the media, as well as citizens, have “a vital interest in knowing how the pension fund investments made by the [State Investment Commission] are performing and what those investments cost. Without access to specific information about the performance and fees of hedge funds, which make up nearly 15 percent of the portfolio, neither The Journal nor the public can evaluate those investments.”

Photo by JohnnyMrNinja via Flickr CC License

Challengers to Illinois Reform Law Seek Expedited Supreme Court Ruling

Illinois’ pension reform law, passed and signed in December, remains in a legal limbo that has parties on every side of the issue uncomfortable. As a result, the attorneys behind several of the lawsuits challenging the reform law plan to submit motions that they hope will land the case in front of the Supreme Court sooner than later. From the State Journal-Register:

Lawyers challenging last year’s pension reform law said they will make another attempt to get an expedited ruling in the case in the wake of the Illinois Supreme Court’s decision in the retiree health insurance case.

[Attorney Don] Craven said this new motion could enable the pension reform case to get to the Supreme Court earlier than is now considered likely. Before the health insurance ruling, [Judge] Belz set out a lengthy schedule for lawyers on both sides to conduct preliminary work on the cases. Lawyers for the state indicated they want to use six expert witnesses to buttress their case. Aaron Maduff, another attorney challenging the law, said it involved “tremendous, tremendous” preliminary work.

“It’s a huge amount of material,” he said.

At this point, however, the schedule is still in place and a ruling at the circuit court level isn’t expected until next year.

The next hearing in the pension reform lawsuit is scheduled for Sept. 4.

The Illinois Supreme Court ruled earlier this month that it was unconstitutional to charge seniors a premium for their state-subsidized health insurance. The ruling was of particular relevance to the state’s pension reform law because the legal reasoning behind the judgment was that the state is not permitted to diminish retirement benefits protected by the state Constitution.

Some parties believe last month’s ruling was the nail in the coffin for this iteration of state pension reform. But others say the eventual ruling on the reform law won’t be influenced by the previous judgment. From the State Journal-Register:

“The Supreme Court could hardly have been clearer in destroying the police powers argument in the Kanerva case,” said attorney John Myers, who brought another of the pension reform lawsuits. “What the Supreme Court is saying is you have to fund this, now figure it out. That destroys the whole sovereign powers defense, which is, ‘We don’t have to figure it out, we can impair pensions.’ ”

Attorney General Lisa Madigan has said the ruling in the health insurance case does not affect the pension reform case because they involve different legal issues.

Pension benefits are protected in Illinois by the state Constitution. The reform law seeks to end cost-of-living-adjustment increases and raise the retirement age.

Australia Looks to Cut Down Investment Fees After Scathing Report

Pension funds are becoming increasingly allergic to fees eating into their returns, as CalPERS demonstrated this week when it announced a decision to cut hedge fund investments by 40 percent. But the United States isn’t the only country where this concern is taking hold. From the Financial Times:

Australia’s highly regarded private pension system faces sweeping reform following a sharply critical report into the fees charged by superannuation funds, which manage $1.8tn ($1.7tn) of assets.

Although Australia has the fourth largest private pensions savings pool in the world, the operating costs of the country’s superannuation funds are among the highest in the OECD, leaving scope for significant improvements in retirement incomes.

Fees should be cut by an average of 40 per cent (or 38 basis points) across the entire superannuation sector, according to an interim report released last week by the Murray inquiry, chaired by David Murray, a former chief executive of the Commonwealth Bank of Australia. This would deliver savings of about $7bn ($6.6bn) a year from annual running costs of $20bn ($18.8bn), boosting the average retirement payout by $40,000 ($37,574).

“There is an opportunity for innovation to deliver better outcomes for retirees and to better meet the needs of an ageing population,” said Mr Murray.

The report called for a “fundamental change” in the way the country manages its assets. It urged Australia to look at other parts of the world for ideas. From FT:

The report suggested Australia’s government should consider following the example of Chile and auction the right to manage default funds for all new pension accounts to the lowest cost provider. Fees charged by successful bidders in Chile have fallen 65 per cent since this approach was introduced in 2008.

The report also urged the government to consider introducing some form of compulsory deferred annuitisation that would pay out after the age of 85 – just as the UK is abandoning near-compulsory annuitisation.

The report said Australia was “unusual” in not encouraging citizens to convert their retirement savings into an income stream with longevity protection.

A “fundamental change” in the approach to asset management is required by Australia’s pension system, which focuses on maximising wealth on retirement rather than ensuring a sustainable income flow for life, said Mr Murray.

The panel that produced the report, called the Murray Inquiry, will send its official policy recommendations to the Australian government in November.

S&P Threatens Illinois With Another Credit Downgrade In Wake of Pension Reform Uncertainty

In what has become an annual tradition, ratings agency S&P has threatened to further downgrade Illinois’ credit rating, whose bonds already carry among the lowest ratings in the country.

The main factor, according to S&P, was the status of the state’s pension reform law, which sits in legal limbo until a court decides its constitutionality.

From Reuters:

Standard & Poor’s Ratings Services on Wednesday warned that Illinois’ already low credit rating could sink further if the state is unable to implement reforms to curb its big unfunded pension liability and balance its budget.

The credit rating agency revised the outlook on Illinois’ A-minus credit rating to negative from developing, citing a recent state supreme court ruling that could derail a new pension reform law and the state’s structurally imbalanced state budget.

“If the pension reform is declared unconstitutional or invalid, or implementation is delayed and there is a continued lack of consensus and action among policymakers on the structural budget gaps and payables outstanding, we believe there could be a profound and negative effect on Illinois’ budgetary performance and liquidity over the next two years and that this could lead to a downgrade,” S&P said in a statement.

It added that Illinois could achieve a stable outlook if the pension reform law Illinois enacted in December withstands constitutional challenges and the state takes “credible action” to balance its budget.

When a state’s credit rating is under review, ratings agencies assign it to one of three categories: positive, negative or developing. Positive indicates that the rating agency holds a positive outlook for the state’s credit rating and will likely upgrade it in due time.

Illinois’ outlook was previously developing. Now, it is negative, meaning S&P will likely downgrade the rating sooner than later.

S&P added, however, that Illinois could avoid a downgrade if the state’s pension reform law passed legal muster.

Judge Throws Out Pension Funds’ Lawsuit Against JP Morgan

A lawsuit alleging that JP Morgan knew more than it let on about Bernie Madoff’s massive Ponzi scheme was dismissed yesterday by a judge, who said there wasn’t enough evidence that the bank’s board members breached their duty to shareholders by ignoring alleged “red flags” around Madoff’s fraudulent activities.

The suit was filed by two pension funds – the Steamfitters Local 449 Pension Fund in Pittsburgh and Central Laborers’ Pension Fund in Jacksonville, Illinois – that are both shareholders of JP Morgan.

CalSTRS Fighting For Changes At PepsiCo After Underwhelming Performance

The California State Teacher’s Retirement System (CalSTRS) owns a $250 million dollar stake in PepsiCo. That makes the fund one of the corporation’s 60 largest shareholders, and it means that the fund’s opinions hold a certain power with PepsiCo—a power that they are now attempting to use after becoming dissatisfied with PepsiCo’s performance of late.

From the Financial Times:

One of the US’s largest pension funds has asked Pepsi to give activist investor Nelson Peltz a seat on the board, after becoming disillusioned with the soft drinks maker’s performance.

Although Mr Peltz’s investment firm, Trian Partners, has made little headway in its year-long battle to persuade Pepsi to split off its snacks business, his meetings with scores of shareholders have persuaded some that his voice should at least be heard in the boardroom.

Calstrs is not backing the break-up call, but wrote in a letter dated June 30 that Trian could help Pepsi address its operational performance and open management to new ideas.

“Trian has a long history of doing very well at these food and beverage companies,” said Aiesha Mastagni, investment officer at Calstrs, who wrote the letter, citing its previous activist positions at Heinz, Snapple and Kraft.

CalSTRS isn’t the only major shareholder looking for change. A few other major players have come forward in favor of change, albeit anonymously. From FT:

[CalSTRS’] concerns were echoed by top 10 shareholders who did not want to be identified.

One said: “They are good shareholders and they have ideas worth looking at, so we are hoping everybody comes together.”

Another top 10 investor explicitly backed the idea of a board seat for Trian, saying Pepsi could learn from the investor’s industry experience while Mr Peltz could learn more about the business before continuing his campaign to split it in two.

“The bigger issue is leadership,” this shareholder said. “The CEO does not have the respect of the investor community. If Trian were on the board, maybe she would listen. I would like to think she is still flexible enough to adapt.”

CalPERS is also a major PepsiCo shareholder. But the fund has stayed on the sidelines during this ordeal and has no plans to join CalSTRS’ corner.

CalPERS To Pull Back 40% of Hedge Fund Investments

There is a growing desire by funds around the country to avoid large investment fees, and that trend has led many funds to reduce their investments in hedge funds. Now, CalPERS has hopped on that train. From MarketWatch:

[CalPERS’] hedge-fund investment is expected to drop this year by 40%, to $3 billion, amid a review of that part of the portfolio, said a person familiar with the changes. A spokesman declined to comment on the size of the reduction but said the fund is taking more of a “back-to-basics approach” with its holdings.

CalPERS’ decision comes on the heels of a similar move by the Los Angeles Fire and Police Pensions fund. The difference is, the LA fund separated itself from hedge funds altogether. From MarketWatch:

The officials overseeing pensions for Los Angeles’s fire and police employees decided last year to get out of hedge funds altogether after an investment of $500 million produced a return of less than 2% over seven years, according to Los Angeles Fire and Police Pensions General Manager Ray Ciranna. The hedge-fund investment was just 4% of the pension’s total portfolio and yet $15 million a year in fees went to hedge-fund managers, 17% of all fees paid by the fund.

The HFRI Fund Weighted Composite Index, which measured hedge fund performance, indicated hedge funds returned 3.2 percent in the first six months of 2013, compared to a 7.1 return for the S&P 500 index.

New Jersey Fund Rakes In Nearly 16 Percent Returns For Year

Amidst all the pension-related turmoil in New Jersey, a piece of bright(er) news: the state’s pension fund raked in double-digit returns for fiscal year 2013-14, which ended June 30. The fund returned more than double the actuarially assumed rate of return, although the S&P 500 returned about 25 percent over the same period.

From Bloomberg:

New Jersey’s pension fund return is expected to exceed 16 percent for fiscal 2014 on gains that include an unanticipated $6.1 billion, according to the state Treasury Department.

Data as of June 30, which exclude some investments reported on a delayed basis, showed returns of 15.9 percent, treasury officials said in a statement. The fund’s total value was $80.6 billion, up from $66.9 billion four years earlier. The state investment division will report the performance to its oversight council at a meeting tomorrow.

Interestingly, unions are now presenting the argument that the strong returns only further demonstrate the need for the state to make its full contributions into the system. From NorthJersey.com:

The impressive returns, however, highlight an argument from unions that New Jersey may have missed out on even bigger gains in recent years because state contributions into the pension fund have been reduced or cut altogether, including the payment Governor Christie slashed at the end of June. Christie said he cut that payment — from a planned $1.57 billion, to $697 million — to prevent tax hikes or funding cuts to schools, hospitals and other crucial services amid a $1 billion budget shortfall.

New Jersey’s actuarially assumed rate of return stands at 7.9 percent.

Kentucky Ends Contract With Non-Profit Looking to Get Out of State Pension System

Last month, a judge ruled that Kentucky-based non-profit Seven Counties Services could legally remove itself from the state’s pension system. But lawmakers aren’t happy with the pension obligations—allegedly to the tune of $90 million—that the organization is leaving behind.

Seven Counties, a group that provides fostering and other family services, filed for bankruptcy in 2013, and as part of the proceedings they were hoping to get out of Kentucky’s pension system to avoid increasing contributions. The judge allowed the maneuver.

But now, angry lawmakers seem to not want the organization in the state at all. They chose not to renew Seven Counties’ contract with the state. From the Courier-Journal:

Prompted by angry legislators, state officials agreed Friday to jettison a $3.7 million contract with Seven Counties Services as the agency continues efforts to exit Kentucky’s underfunded pension system.

The contract provided family preservation services in the Louisville area, using in-home counselors to help families in crisis with the aim of keeping children at home or reuniting them with parents.

It will remain effective through Oct. 31 as families and children are transitioned, and officials “will move with all due haste” to execute a contract with a new provider, according to a letter from the Cabinet for Health and Family Services.

Seven Counties has provided the services for decades, and warned that cancelling the contract would harm at-risk children and around 300 families that participate in the program.

But last week, the Government Contract Review Committee rejected a proposal to renew the deal for two more years after lawmakers cited concerns over Seven Counties’ high-profile bankruptcy case.

Lawmakers are concerned that if the Seven Counties ruling stands, other state agencies will rush to get out of the state’s pension system. That would mean less contributions coming into the system.

From WFPL:

The state would have to cover $2.5 billion in unpaid pension obligations, Kentucky Retirement Systems executive director Bill Thielen said.

“The actuaries have determined it would increase the contribution rate over a 20 year period, it would ratchet up a little bit each year over 20 years about 6.5 percent, which would amount to about $2.4 billion of additional moneys over the 20 year period that would have to be picked up by the remaining employers in the system,” Thielen said.

In that vein, the contract non-renewal sets a precedent for other groups looking to follow in Seven Counties’ footsteps: if you leave the pension system, you leave the state too.

The Cities Scaling Back Pension Benefits Are The Same Ones Upgrading Their Sports Stadiums

Cash-strapped cities around the country have two things in common: one, they are slashing pension costs by scaling back benefits. Two, they are spending tens of millions of dollars on building and subsidizing sports stadiums. David Sirota has more on this interesting juxtaposition:

In Chicago, Mayor Rahm Emanuel recently passed a $55 million cut to municipal workers’ pensions. At the same time, he has promoted a plan to spend $55 million of taxpayer money on a hotel project that is part of a larger stadium redevelopment plan for Depaul University.

In Miami, Bloomberg News reports that the city “approved a $19 million subsidy for the professional basketball arena” and then six weeks later “began considering a plan to cut as many as 700 (librarian) positions, including a fifth of the library staff and more than 300 police.”

In Arizona, the Phoenix Business Journal reports that regional governments in that state have spent $1.5 billion “on sports stadiums, arenas and pro teams” since the mid-1990s. At the same time, legislators are considering proposals to cut public pension benefits, while voters in Phoenix may face a pension-cutting ballot initiative in November.

In Jacksonville, Florida, officials have not fully funded the pension system leading to a recent credit downgrade by Moody’s. At the same time, city officials just approved a $63 million plan to upgrade EverBank Field.

In New Jersey, Gov. Chris Christie is trying to block a planned $2.4 billion payment to the pension system, at the same time his administration has spent a record $4 billion on economic development subsidies and tax breaks to corporations. That includes an $82 million subsidy for the construction of a practice facility for the Philadelphia 76ers

In Louisville, Kentucky, up to $265 million in state and local tax revenues were used to finance the construction of the KFC Yum! Center, which opened in 2010. Only a few years later, Kentucky legislators enacted major cuts to the state’s pension system.

Is there an economic basis for these decisions? Sports stadiums are typically considered an economic boon for the long-term business they bring to certain areas, not to mention the jobs created during construction. But a few studies negate the notion that stadiums are economically sound investments for cities. More from David Sirota:

The officials promoting these twin policies argue that boosting stadium development effectively promotes broad economic growth. But many calculations rely on controversial and dubious assumptions that have been widely challenged.

A landmark 1997 Brookings Institution study by sports economist Andrew Zimbalist concluded that “a new sports facility has an extremely small (perhaps even negative) effect on overall economic activity and employment” and that few facilities “have earned anything approaching a reasonable return on investment” for taxpayers.

That finding was confirmed by University of Maryland and University of Alberta researchers, whose 2008 review of major academic research found that “sports subsidies cannot be justified on the grounds of local economic development.” In addition, a 2012 Bloomberg News analysis found that taxpayers have lost $4 billion on such subsidies since the mid-1980s.

At the same time, cuts to pension contributions are rarely described by public officials as negative for local economic growth, though economic data suggests otherwise. An analysis by the Washington, D.C.-based National Institute on Retirement Security notes that spending resulting from pension payments had “a total economic impact of more than $941.2 billion” and “supported more than 6.1 million American jobs” in 2012.

The timing is particularly bad in Detroit; the day voters approved a measure to cut their pensions was incidentally the same day the Detroit Red Wings unveiled their plan for a new, taxpayer-funded stadium.

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