Showing posts with label public pensions. Show all posts
Showing posts with label public pensions. Show all posts

Tuesday, September 15, 2020

TEXPERS Hosts Educational Webinar

Pension Industry Thought Leaders Discuss Outsourced CIO Relationships During Online Moderated Event


Image by Alexandra_Koch from Pixabay 

TEXPERS Staff Report

What are the general duties of pension plan consultants and outsourced chief investment officers? TEXPERS gathered industry thought leaders for an educational webinar to give the trustees and administrators of TEXPERS' Member Systems advice on what pension plans should do to take stock of their funds' advisory relationships.

During the webinar, held Sept. 15, a moderator used a question-and-answer format allowing the panelists to identify some of the differences between non-discretionary and discretionary advisory models.

Click here to view a recording of the webinar. Those wanting to watch the video will be required to register for access.

During the session, the panel:

  • Outlined some decision point considerations for plan trustees.
  • Illustrated some of the more nuanced differences between the services.
  • Revealed what the economic and market upheaval brought by the novel coronavirus pandemic has taught.
  • Took audience questions relating to advisory relationships and the markets in general.
Mark Weir, from Maples Group, moderated the webinar. The expert panelists were Jim Link, from PFM; Chris McGoldrick, from PNC; and Robert Longfield, from CBIZ.


Future Webinars


TEXPERS is hosting educational webinars to help in the professional development of its Member Systems' trustees and administrators. Additional webinars are being planned.

The next webinar, Direct Lending – The Benefits of Scale and Differentiated Sourcing, will be held at 10 a.m. CDT on Wednesday, Sept. 23, 2020.

Synopsis: Since the Global Financial Crisis, investors globally continue in their search for yield, shifting capital from public to private markets, with private debt emerging as an attractive asset class for institutional investors seeking an illiquidity yield premium.

With the private debt market currently estimated to be ~$850 billion and likely to grow, in this webinar, Michael Patterson, Governing Partner and Portfolio Manager of Direct Lending Strategies at HPS Partners, will share insights on how best to extract attractive risk-adjusted returns through differentiated sourcing capabilities.

Topics will include:
  • Non-sponsor lending: not just sourcing, it’s about execution.
  • Utilizing scale as a competitive advantage.
  • Opportunities to find excess returns persist at the larger end of the lending market.
Click here to register.

For an up to date listing of webinars, click here to visit TEXPERS Online Education link on the association’s website.

Earn Continuing Education Credits


New and Continuing pension system trustees and administrators who attended live webinars can earn one credit hour to satisfy state-mandated Continuing Education. To earn the credit, attendees are required to sit through the entire presentation, participate in polling questions during the session, and answer a survey emailed to attendees after the webinar. Those who do not sit through the webinar are unable to earn credit.

For additional information, email texpers@texpers.org or visit our website. Also, be sure to follow TEXPERS on Facebook and Twitter.

Tuesday, September 8, 2020

PRB Investment Committee Meets Online Sept. 29

The Pension Review Board Investment Committee meeting will be 

streamed online on its YouTube channel


Image by Alexandra_Koch from Pixabay 

Staff Report 

The Texas Pension Review Board will host its Investment Committee meeting by teleconference at 10 a.m. CST on Tuesday, Sept. 29, 2020.

Click here for the meeting agenda.

The committee meeting will be streamed online on the PRB’s YouTube channel. That link will be available on the PRB homepage, www.prb.texas.gov, before the session begins.

The PRB encourages anyone who wants to provide public comment to pre-register with the PRB’s Office Manager, Lindsay Seymour, by Sept. 29, 2020, at 8 a.m. CT. To pre-register, call 512-463-1736 or 800-213-9425. Or, send an email to prb@prb.texas.gov.

Friday, August 21, 2020

U.S. Public Pension Underfunding — Don't Make the Same Mistake Thrice

Image by Mohamed Hassan from Pixabay


By CHARLES E. F. MILLARD/Amundi Pioneer

We are in unprecedented times. Coronavirus. Life and death health threats. Market upheaval. Economic shutdown. And now: talk of states potentially filing for bankruptcy. But whatever happens with bankruptcy proposals, public pensions will still have to be paid, and state and municipal governments should continue making their pension contributions.

When the dust begins to settle after current market turmoil, public pensions’ funded status will come into view. In some cases, it will likely be quite disturbing. A hypothetical pension portfolio of 60% stocks and 40% bonds would be down -8.4% since January 31, 2020. If that pension had been 70% funded then, it was approximately 64% funded through April 23.

Surely there will be criticisms by political leaders and policymakers: Why wasn’t the investment staff more conservative? Didn’t they know a crash was coming? Weren’t we supposed to rebalance? How did we get so heavily weighted to equities? Why do we have so much in the stock market anyway? This is for retirees — shouldn’t it be safe?

 

But the real problem in U.S. public pension underfunding is not related to investments — as long term investors, pensions have actually done pretty well. The real problem in public pension underfunding is the failure of governments (the plan sponsors) to make the necessary contributions to the pension plan in the first place. Going forward, pension funding status will depend as much on state and local governments’ meeting funding obligations as it will on investment performance.


Unfortunately, in the current economic environment, state and local governments will be tempted to cut back on pension contributions. With funded status as low as it is now, that could put enormous strain on already vulnerable systems.


Underfunding is not caused by investment performance

 

When the dot-com bubble and the 2008-09 financial crisis hit, pensions’ funded status fell dramatically — from 102% in 2001 to 89% in 2003, and from 84% in 2008 to 75% in 2010. Interestingly, the states that kept up their contributions during those difficult times are among the best-funded plans today.


Click chart to enlarge.


In the years following these crises, investment performance was relatively strong. After the dot-com bubble burst, the average public pension investment return for fiscal years 2003-2005 was 11.5%. And public plans averaged 11.3% in the three years that followed the Global Financial Crisis, based on data from the Pew Charitable Trusts. In fact, pensions truly are long-term investors. Their median annualized performance over the last thirty years is about 8.3%, according to the National Association of State Retirement Administrators.


Click chart to enlarge.


Unfortunately, in the years following these crises, at the worst time, state and local governments pulled back significantly on pension funding. That is the danger they must avoid today.

 

Underfunding is actually caused by ... well, underfunding. Under the guidelines of the Government Accounting Standards Board (GASB), the governments that sponsor pension plans are supposed to make necessary contributions to the plan each year. These contributions have traditionally been known as the Annual Required Contribution (the ARC). Unfortunately, the problem with the Annual Required Contribution is that the word “Required” is just a word. In reality, governments are not required to follow GASB guidelines and, unfortunately, many have failed to do so.

 

In the years after the markets tumbled, many states and cities fell short on pension contributions, and pensions’ funded status has not recovered. States missed their ARCs by significant percentages and dollar amounts. The weighted average contribution was about 89% of the ARC in 2003, 87% in 2004, 84% in 2005, and 83% in 2006. The total value of those missing ARC payments was $27.7 billion. That is money that could have been growing in those plans all this time.

 

The situation declined even more after the Global Financial Crisis. The weighted average contribution was about 81% of the ARC in 2010, 80% in 2011, 78% in 2012, and 82% in 2013. The total value of those ARC shortfalls was $68.5 billion.


Not only must political leaders make the full ARC, they must also calculate the ARC responsibly. They must choose shorter time horizons to amortize liabilities. For a plan with a $10 billion unfunded liability, the difference in total dollars contributed between a 15-year amortization and a 30-year timeframe would be over $7 billion. They should never roll their amortization periods into new ones, and they must never allow negative amortization — the equivalent of capitalizing interest on a mortgage.

These three methodologies invariably make near-term contributions lower and long-term liabilities higher. Making a “full” ARC with these methods is not really making the full ARC. The chief investment officer of one public fund told me that my using those kinds of methods, “my state legislature is ripping me off by $2 billion a year!” And that was before the current market turmoil.

One of the arguments in favor of the current huge Federal rescue legislation is that the companies are not at fault and that this is a crisis. Similarly, the workers are not at fault and the public pension system in some states is in crisis. So even though it will surely be difficult to do so, states and cities must make the proper contributions and not let their funding practices put their pensions in further peril.

Amundi Pioneer Asset Management is an Associate Member of TEXPERS.The views expressed in this article are those of the author and not necessarily Amundi Pioneer Asset Management nor TEXPERS.

About the Author:
Charles E. F. Millard is a Senior Advisor at Amundi Pioneer. He advises the institutional

team and clients on topics related to pension strategy, pension fund regulation, and the
growing interest in Responsible Investing. He is a frequent speaker, writer, and advisor on pension-related issues. Millard has appeared numerous times on CNBC and been published in The Wall Street Journal, Bloomberg, Financial Times and elsewhere on a variety of pension topics. 


In addition to working with the institutional team and clients, he works with the marketing team to strategize on speaking opportunities and editorial content. Millard was appointed by President George W. Bush to be the Director of the United States Pension Benefit Guaranty Corp. He was the first Director to be confirmed by the U.S. Senate and carried the rank of Under Secretary.


Subsequently, he was Managing Director and Head of Pension Relations with Citigroup. He also taught pensions and public policy at the Yale School of Management, served as a Senior Advisor for McKinsey, and held various senior roles in the private sector. Earlier in his career, Charles served as the President and Chief Executive Officer of the New York City Economic Development Corporation, and as a member of the New York City Council representing the Upper East Side of Manhattan.


Millard is a member of the Editorial Board of the Journal of Retirement and the Advisory Board of the Georgetown University Center for Retirement Research. He holds a B.A. from the College of the Holy Cross and a J.D. from Columbia Law School.

Thursday, May 28, 2020

Governor's disaster declaration extension includes Open Meetings Act provisions; tips to safeguard public access


By TEXPERS Staff


UPDATE 8/14/20 -- Texas Gov. Greg Abbott on Aug. 8 issued a proclamation extending the state's Disaster Declaration in response to the COVID-19 pandemic. The declaration includes all Texas counties and includes a provision that allows governmental bodies such as state and local pension boards to continue hosting remote meetings.


"Renewing this Disaster Declaration will provide communities with the resources they need to respond to COVID-19," Abbott stated in a news release. "I urge Texans to remain vigilant in our fight against this virus. Everyone must do their part to slow the spread of COVID-19 by wearing a mask, practicing social distancing, and washing your hands frequently and thoroughly. We will overcome this challenge by working together." 


The state's disaster declaration includes Texas Open Meetings Act suspensions allowing governmental bodies to host public meetings remotely to reduce in-person meetings of large groups of people. 


Abbott initially issued the disaster declaration on March 13. On March 16, the governor granted the office of the attorney general's request for temporary suspension of certain open meeting statutes. The suspension allows for telephonic or videoconference meetings of governmental bodies as long as they remain accessible to the public. 


      > LEARN MORE: Open Meeting Act suspensions


State and local public pension systems should be aware that this temporary suspension leaves significant open-meeting protections in place. According to the governor's March 16 news release:

  • Members of the public will be entitled to participate and address the governmental body during any telephonic or video conference meeting.
  • To hold a telephonic or video conference meeting, a governmental body must post a written notice that gives the public a way to participate remotely, such as a toll-free dial-in number, and that includes an electronic copy of any agenda packet that officials will consider at the meeting.
  • A governmental body must provide the public with access to a recording of any telephonic or video conference meeting.

"As we continue to respond to the COVID-19 pandemic, our top priority remains the health and safety of all Texans," Abbott stated in a news release announcing a previous extension of the Disaster Declaration. "By extending the disaster declaration, we are ensuring that Texas has the resources and capabilities in place to safely and strategically open the state while containing the spread of this virus. As we move forward in our response, I urge all Texans to continue following the health and safety guidelines laid out by the CDC and Texas' team of medical experts."

The History of Texas' COVID-19 Emergency Declaration


On March 13, the governor announced actions the state is taking to mitigate the spread of the novel coronavirus, which causes the COVD-19 disease, including declaring a State of Disaster in all Texas counties.

 

The governor extended the March 13 declaration on April 12. 


The governor extended the April 12 declaration for another 30 days on May 12. 

Friday, February 23, 2018


Still Having Trouble Getting Your 

Money Back? You're Not Alone

By Jonathan R. Davidson, guest columnist


Over the last decade, we have checked in periodically on the state of claims administration in securities class actions for United States public pension funds. At every turn, we have seen challenges confront the public pension community, making it harder to recover their respective share of proceeds from these cases. From difficulty maintaining historical data necessary to perfect a claim form, to the proliferation of cases being litigated around the globe post-Morrison v. National Australia Bank, claims administration continues to be a thorny issue for public pension funds. This article will examine what is happening in today, review current issues for investors, and provide some best-practice suggestions 
The Current State of Claims Administration

According to NERA Economic Consulting, between 2005 and 2016, over $62 billion dollars in securities class action proceeds were made available to investors. While public pension funds have a fiduciary duty to take reasonable steps to recover these funds, claims filing participation remain strikingly low. Recent estimates suggest only about 35 percent of eligible institutional investors file claims in U.S. settlements.

Recent Issues Causing Grief for Public Pension Funds

To add to the challenging claims administration process, new issues have arisen to further muddy the water.

Change of Custodian
Custodial change can give rise to an overlooked issue in the claims administration process. When a class period in a securities case spans the time of the custodial transition, the former custodian and the new custodian might each have insufficient data to file a complete claim on the client’s behalf.  When this happens, and two claim forms are submitted (one by each custodian), the claims are frequently rejected by the claims administrator as deficient.  If these deficiencies are not remedied (which we believe is almost always the case), the result can be a significant lost opportunity for the pension fund.

Former Custodians No Longer Filing Claims
Many custodians are simply getting out of the claims filing business altogether for former clients (or charging fees for this service).  This presents public pension funds with a difficult choice.  If a fund has all of their transaction history in-house, they might be able to work with their current custodian to construct a claim form which requires both older and newer transaction history.  If the institution does not have the old transaction data, they are at the mercy of the former custodian – either pay a fee to have them file or give up a percentage of the recovery.  Neither scenario is particularly attractive and gives rise to the risk of failure to recovery proceeds. 

Current Custodians Outsourcing Claims Filing
Some custodial banks are now outsourcing claims filing responsibilities to third-party filers, which begs the question: was this disclosed to the Board?  We have seen multiple instances where a public fund was not aware their custodian was not handling the claims filing process in-house.  While the end result may not prove harmful, at a minimum, public funds should know which vendor is doing this work.  Further, we have observed significant differences in the accuracy of claim filing by paid third-party filers – making this potentially more than a simple disclosure problem, and an issue which could result in the failure to recover. 

What Can Public Pension Funds Do To Improve?

The claims administration process continues to evolve. So must the processes that public pension funds have in place.  A few suggestions:

  • Discuss how much money you have received from securities class action settlements/judgments?  What claims have been submitted and are awaiting distribution?  Did you miss out on submitting a claim for a U.S. case? Were you not able to participate in the recovery of a non-U.S. jurisdiction settlement because you never registered for it?
  • Conduct a historical and on-going audit of your custodial bank/third-party filer to check their claims filing accuracy.  If missed claims are identified, immediately contact the claims administrator to see if you can submit a late claim/remedy a deficient one.  This can often be done as long as settlement proceeds have not been distributed.
  • To avoid an issue when changing custodians, consider including a provision in all custodial agreements to ensure your transaction data is returned at the end of the contractual relationship. 

Conclusion

Claims administration will never be Agenda Item #1 at your Board meeting -- public pension funds simply have more important issues to deal with in running their plans.  That being said, with the truly global nature of securities litigation in this post-Morrison world, public pension funds should continue to be vigilant in this area. The significant proceeds generated from securities class action settlements/judgments are an asset owed to you – do what you can to ensure you are getting it back.
The views expressed do not constitute research, investment advice or trade recommendations and do not necessarily represent the views of Kessler Topaz Meltzer & Check, LLP, or TEXPERS.

About the Author
Jonathan R. Davidson
Jonathan R. Davidson, a partner of the Kessler Topaz Meltzer & Check, LLP, concentrates his practice in the area of shareholder litigation. Davidon currently consults with institutional investors from around the world, including public pension funds at the state, county and municipal level, as well as Taft-Hartley funds across all trades, with regard to their investment rights and responsibilities.  
Davidson assists clients in evaluating and analyzing opportunities to take an active role in shareholder litigation.  With an increasingly complex shareholder litigation landscape that includes securities class actions, shareholder derivative actions and takeover actions, opt-outs and direct actions, non-U.S. jurisdiction opt-in actions, and fiduciary actions, he is frequently called upon by his clients to help ensure they are taking an active role when their involvement can make a difference, promote corporate accountability, and to ensure they are not leaving money on the table.