Tyco Settles Fraud Case with Garden State for
$73M
May 2, 2008 (PLANSPONSOR.com) - Tyco International
has agreed to a $73.25 million settlement of a securities
fraud case by the state of New Jersey against the company and
several of its executives and directors, state officials
announced.
A news release from Attorney General Anne Milgram
said the deal resolves allegations brought in a 2002 civil
suit that New Jersey’s pension fund portfolio suffered
significant losses because of its Tyco holdings (See
Garden State Fights Back With Pension Loss Lawsuits
). The company was charged with insider trading,
failure on the part of Tyco executives to disclose
millions of dollars in personal loan benefits received from
the company, accounting improprieties, and other fraud.
In addition to Tyco International, defendants
include former Tyco General Counsel Mark A. Belnick and
Tyco directors Richard S. Bodman, John F. Fort III, James
S. Pasman, Jr., and Wendy E. Lane. The defendants did not
admit wrongdoing.
Milgram said in the news release that the state’s
original lawsuit remains pending against former Tyco CEO
L. Dennis Kozlowski, former Tyco Chief Financial Officer
Mark H. Swartz, former Tyco director Frank E. Walsh, Jr.,
the accounting firm PricewaterhouseCoopers LLP, and its
Bermuda affiliate, PricewaterhouseCoopers .
Kozlowski and Swartz were convicted in New York in
2005 on criminal charges for supporting lavish lifestyles
by giving themselves unauthorized corporate bonuses,
abusing loan programs, and selling Tyco company stock at
inflated prices after misleading investors about Tyco’s
finances, the announcement said. Both men are currently
serving prison terms of at least eight years and four
months.
Should Government Pension Valuations Follow Corporate
Pensions' Path?
May 1, 2008 (PLANSPONSOR.com) - While some believe
public pension plans should continue their current actuarial
methods for calculating liabilities and funding, others argue
that the current methods do not give a true picture of a
plan's financial status as market-based calculations
would.
Andrew D. Wozniak, CFA, ASA, Director of Research
and Analysis with BNY Mellon Pension Services, and Peter
S. Austin, Executive Director of BNY Mellon Pension
Services, explained in a report issued by BNY Mellon that
“many financial economists believe that public pension
plan liabilities should be valued the same way financial
markets value the debt of governments.” These critics of
the current actuarial methods of public pension funds
believe the use of a discount rate, asset smoothing, and
varied cost methods – actuarial methods eliminated in the
valuation of private pension plans by recent
regulations – understates public funds’
liabilities, distort real asset and liability values, and
make comparisons with other plans challenging.
However, advocates of the current system point out
that unlike corporations, governments exist permanently,
do not have the threat of bankruptcy, and have an
unlimited ability to tax or print money to fund
obligations, according to the report. These advocates
claim market-based valuations are irrelevant and would be
challenging or misleading because:
Certain actuarial cost methods do not define
and accrued liability,
Estimated future benefit payments are not known
with certainty due to uncertainty of actuarial
assumptions (e.g. mortality, future salary increases,
future cost of living increases, and withdrawal and
retirement assumptions), and
A lack of matching assets for a pension
commitment, such as a 50-year inflation-indexed
bond.
Advocates of the current public pension valuation
methods warn that the disclosure of a market-based
liability could result in unfavorable changes in the
public plan landscape as has been experienced in the
private defined benefit plan world. Stakeholders could
notice a 20% – 40% increase in liability values, leading
to reports of serious funding deficiencies, leading
policy-makers to freeze benefits or switch to defined
contribution plans, and ultimately leading to a less
secure retirement for public employees, the report
said.
Wozniak and Austin suggest a compromise between the
old valuation methods and those similar to what private
pension plans are moving to. In their scenario, assets
would be reflected at market value as of a valuation
date, a uniform actuarial cost method would be used for
every public pension plan, and two liability measures
would be used: market liability and ongoing
liability.
The report authors say that the traditional
valuations based on an actuary’s best guess should be
replaced with an annual probabilistic valuation looking
at a range of possibilities and their likelihood. In the
authors’ suggested scenario policy-makers would specify
in advance what ongoing and market funding ratio
thresholds would be required to increase benefits, and
governments would reflect the market values of assets and
liabilities on their balance sheet.
Finally, Wozniak and Austin warn that a change in
valuation methods would require governments to educate
the media and stakeholders that lower funded status
ratios do not necessarily indicate a plan is in trouble
and to emphasize a plan’s ongoing funding.
The report, U.S. Public Pensions At a Crossroad:
Which Way Forward?, is
here
.