Exploring ESG Investing: An ESG Path Forward

Asset allocators Zach Stein and Andrew Siwo discuss different approaches to ESG and sustainable investing .



Rachel Alembakis, managing editor of FS Sustainability, moderated a panel on different investor approaches to environmental, social and governance and sustainable investments by large and smaller investors as part of PLANSPONSOR’s recent Exploring ESG Investing virtual conference.

Investors Zach Stein and Andrew Siwo provided varying perspectives and offered insights into how they are implementing their ESG and sustainable strategies.

Carbon Collective works with IRAs, brokerage accounts and trusts to help clients become more invested in green, sustainable stock and bond portfolios that are specifically built for solving climate change. It offers services to individual investors through a robo-adviser offering similar to Betterment or Wealthfront, with an average account size of roughly $50,000.  Stein manages a portfolio of 192 companies.

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Stein, co-founder and CIO of Carbon Collective said, “we work with one organization at a time to make sure that they get 401(k) plan options that align with their missions.”

This approach differs from Siwo, the director of sustainable investments and climate solutions at the New York State Common Retirement Fund. The $258 billion fund, which is the state’s public pension system, is 103% funded, per the comprehensive annual financial report for the last fiscal year, and has a $20 billion commitment to sustainable investments and climate solutions that he oversees as portfolio manager. In this role, he identifies investments across asset classes that are accretive to its portfolio and meet sustainability goals.

Siwo said, “we view ESG as a tool in identifying risks and opportunities; we do not view it as an asset class.”

Though it may be a tool, Siwo oversees what he calls “an asset-driven approach” in the portfolio, with allocation to real estate, opportunistic credit, private and public equity, private and public debt and real assets such as infrastructure projects.

“The approach is successful because the underlying guidelines and expectations are the same. When I began two years ago, we were at $8 billion, and now were just under $19 billion. In the past two years, we’ve put quite a lot of capital to work,” Siwo said.

According to Siwo, “the CFA institute has four ESG approaches, which include thematic, active/engagement, best in class and ESG integration. Those are four approaches that various managers use. In addition, you have SRI, ESG and impact investing, and those terms sometimes can be conflated.”

Siwo said, “our approach is a sustainable investment approach, so we have a flavor of all three of those investment styles.”

Stein engages with corporate management in pursuit of sustainable outcomes from their operations.

These efforts inform his investment strategy and how he selects the portfolio that he recommends plan sponsors put on their investment menus. Stein said he focuses on companies in which he believes shareholder pressure can maximize value.

“These are the companies we hold, because that’s where we can apply shareholder pressure,” Stein said. “Shareholder pressure is a very important tool in this toolbox, but there is an opportunity cost that exists [so holding these companies maximizes value]. And thirdly, the companies that we don’t invest in are companies whose core business could not exist in a post-carbon world. We don’t hold these companies, because we cannot adequately pressure them into making changes [towards climate ends].”

MassMutual Faces Four ERISA Breach Counts in Retirement Lawsuit

Plaintiff seeks class certification in alleging mismanagement and violations of fiduciary duty.

A retirement plan participant has brought a lawsuit seeking class certification against MassMutual, CEO Roger Crandall, its investment fiduciary committee and its plan administrative committee for alleged breach of fiduciary duty to participants in the company’s 401(k) plan.

The plaintiff alleges MassMutual retirement plan fiduciaries mismanaged the plan and violated their fiduciary duties owed to participants under the Employee Retirement Income Security Act, the complaint states.  

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“Plaintiff has suffered financial harm and has been injured by defendants’ unlawful conduct,” the complaint states. “In turn, MassMutual has been unjustly enriched from the various fees and expenses generated as a result of plaintiff’s plan investments, and also through the fees charged to plaintiff for recordkeeping services.”

The complaint includes an additional 20 unnamed defendants.

The complaint alleges four separate counts of fiduciary breach, all of which harmed the claimant’s retirement readiness, against the defendants:

  • Retaining excessively expensive and underperforming propriety investments in the plan.
  • MassMutual plan fiduciaries failing to ensure the plan held the least expensive share class and/or investment vehicle for the defendant-selected investment strategies.
  • Plan fiduciaries causing the MassMutual plan to transfer a substantial portion of assets into MassMutual’s general account in connection with the plan’s stable value investment.
  • Charging participants unreasonable recordkeeping fees (while attempting to offload the line of business to Empower).

 

“This conduct ultimately resulted in the plan and its participants and beneficiaries sacrificing tens of millions of dollars in retirement savings through poor performance and above average expenses (for which MassMutual was usually the benefactor),” states the complaint. “Notably, in the past few years, [MassMutual] brought in well over $50 million in compensation directly from the plan’s investment in its proprietary products, all while using the plan as an anchor client to support its marketability and corporate initiatives, like the sale of the company’s retirement business to Empower for $2.35 billion.”

The plaintiff alleges plan fiduciaries breached their duties under ERISA by using the MassMutual Group Annuity Contract to offer investment options to participants. The plaintiff’s excessive fee claims are centered on the Group Annuity Contract, an annuity that guarantees a fixed rate of return for participants.

“Defendants invested plan assets through the MassMutual GAC in order to benefit MassMutual, not the plan’s participants and beneficiaries,” the complaint states. “Through the MassMutual GAC, MassMutual offers a series of proprietary investment products that generate revenue and fees for MassMutual. Moreover, investing plan assets through the MassMutual GAC significantly increased MassMutual’s assets under management, which was beneficial to MassMutual for marketing and other business reasons.”

As of December 31, 2021, MassMutual’s plan had approximately $4.1 billion in assets and 23,662 participants, according to the court filing.

“Had defendants divested from the MassMutual GAC and moved the plan into an unaffiliated structure more typical for mega plans, MassMutual’s efforts to sell its retirement plan business would have been impaired because the plan’s exit would have caused a significant outflow of assets,” the complaint states.

Empower acquired MassMutual’s retirement plan business in 2020.

Additionally, the plaintiff’s complaint claimed “it is uncommon for mega-sized retirement plans—those holding assets of $1 billion or more—to offer investment options through a MassMutual Group Annuity Contract.

The complaint added, “according to a 2019 research paper by PLANSPONSOR, MassMutual does not serve the mega plan market.”

Crandall, the chairman and CEO of MassMutual, is specifically named in the complaint because—as MassMutual is a fiduciary for the plan—the investment fiduciary committee and plan administrative committee are empowered to “appoint and remove members,” the complaint states.

“Given his personal role in appointing committee members, defendant Crandall also had a duty to monitor the committee members, but breached that duty, rendering him similarly liable for all losses to the plan resulting from the unlawful fiduciary conduct that he failed to monitor or address, and other appropriate relief,” according to the court filing. “Given MassMutual’s overall responsibility for the plan, and its authority to appoint and remove committee members and defendant Crandall, MassMutual had a fiduciary responsibility to monitor the performance [of] the committees and their members, as well as defendant Crandall, to ensure that they were performing their fiduciary responsibilities properly and in accordance with ERISA, and to take prompt and effective remedial action in the event that they failed to do so.”

Crandall is chairman of the company’s board of directors and serves as the executive chair of the board’s Investment Committee and Technology & Governance Committee, according to the complaint. Crandall has served as the CEO since 2010, the court filing shows.

Crandall was also responsible for selecting and monitoring the plan’s investment options, controlling investment-related fees and other matters relating to the plan, the complaint states.

“Because Crandall has exercised discretionary authority or discretionary control with respect to management and administration of the plan and disposition of plan assets, he is a functional fiduciary,” the complaint states.

A MassMutual spokesperson said the company will defend itself against the allegations.

“MassMutual is proud to offer our employees and network of affiliated financial professionals generous and competitive benefits that help them secure their future and protect the ones they love,” said the spokesperson in an email. “We comply with all applicable laws and look forward to vigorously defending ourselves against these baseless claims.”

The plaintiff’s attorneys have sought to establish the class period as ranging from December 4, 2016, to the present day.

The complaint was filed in the Western Division office of the U.S. District Court for the District of Massachusetts.

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