Fitzgerald Calls for TSP to Bid RK Duties

March 1, 2004 (PLANSPONSOR.com) - A Republican US Senator active in pushing mutual fund reforms is now calling for the recordkeeping and processing of the federal government's Thrift Savings Plan (TSP) to be competitively bid to further save money for participants.

US Senator Peter Fitzgerald (R- Illinois) said TSP recordkeeping should be outsourced from its current handling by 433 US Department of Agriculture employees at the National Finance Center in Louisiana.

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“It is my view that the TSP could save significant funds if this contract were opened to competition, which would directly benefit the plan’s 3.2 million participants,” Fitzgerald said in a news release issued by his office. The $131-billion TSP covers 3.2 million federal employees

According to Fitzgerald, in 2003, the TSP charged only 11 basis points, or 11 cents per $100, in all fees related to operating the funds. That compares to average comparable index funds in the private sector charging 63 basis points, according to Lipper Services — a figure that does not include transaction costs, the Fitzgerald statement said.

Fitzgerald has incorporated some of the TSP-style management practices in his proposed legislation, the Mutual Fund Reform Act of 2004, co-sponsored by Susan Collins (R-Maine) and Carl Levin (D-Michigan) (See Senate Fund Reform Bill Would Kill 12b-1 Fees ). Among other things, the bill calls for independent boards of directors, strengthening board and fund advisers’ fiduciary duties, adding stringent accounting and auditing procedures, and enhancing disclosure and transparency of fund fees and expenses.

Also appearing Monday at the Senate’s hearing was US Department of Labor Deputy Assistant Secretary Alan Lebowitz who announced that officials had concluded that TSP participants have not been harmed by market timing or late trading – the twin areas of focus for the ongoing fund trading probes. The text of his comments are at http://www.dol.gov/ebsa/newsroom/ty030104.html .

CA Public Permanent-Temp Workers Entitled to Benefits

February 27, 2004 (PLANSPONSOR.com) - Public workers in California hired and staffed through a staffing agency cannot be denied retirement benefits.

>The California state Supreme Court upheld two lower courts’ decisions that the Metropolitan Water District of Southern California violated California law in not allowing the so-called permanent-temporary workers to receive benefits offered by the California Public Employees’ Retirement System (CalPERS).   The water agency maintained it could exclude workers paid through private companies, even if they would be employees under common law principles, according to an Associated Press report.

>The class-action suit, involving about 3,000 people, was filed in Superior Court in 1998 and contends that the workers were told they were coming on board for temporary jobs.   The suit also claims plaintiffs were actually permanent workers employed by the water agency, which entitled them to the same retirement benefits due to regular MWD employees.

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>In the high court’s ruling, the judges only considered whether the water agency is required under the Public Employees’ Retirement Law to enroll people considered Water District employees in CalPERS.   However, the plaintiffs also want a court order requiring the Water District to refer them to CalPERS for enrollment. They will then ask CalPERS to give them credit for their public service as employees of the Water District.

“The message goes to public employers in California and says that if someone is truly your employee … that you have to include them in the pension system,” said attorney Walter Cochran-Bond, who represents plaintiffs.

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