MA Pension Executive Hit With Sudden Ouster

August 15, 2003 (PLANSPONSOR.com) - Accused of running an agency too set in its ways and too tentative in protecting the assets of the $28-billion Massachusetts employee pension fund, the fund's executive director has been pushed aside in favor of a corporate finance executive.

Driving James Hearty’s ouster was state Treasurer Timothy Cahill who is also chairman of the Massachusetts Pension Reserve Investment Management Board, and who sprung the news on Hearty after the pension board’s monthly business meeting this week, according to the Boston Globe.

According to the Globe report, Cahill had been quietly plotting Hearty’s replacement for weeks, and waited to make his move until he had four other board members – enough for a majority – supporting his choice for a replacement fund executive. With Hearty on his way out, Cahill will recommend Steven Weddle, 44, a Milwaukee native. Weddle has been doing corporate finance, venture capital investing, and economic development from postings in Lusaka, Zambia, and Johannesburg, South Africa since 1993.

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“I think he was surprised, but not shocked,” Cahill told the Globe of Hearty’s reaction. Cahill said that Hearty had agreed to help in the transition.

In a Globe interview, Cahill praised Hearty’s performance, but said he was frustrated at what he felt was an agency that was too entrenched. He cited, for example, the agency’s refusal to release records about the fund’s investments in venture capital and private equity funds, even though it had been ordered to do so by the Massachusetts secretary of state and attorney general’s offices (See Massachusetts Pension Fund Under Fire ).

Cahill also hit Hearty for the agency’s acting too tentatively in seeking lead plaintiff status in shareholder lawsuits against companies accused of securities wrongdoing. “We need to be a little more progressive. We shouldn’t always be at the back end of some of these issues,” Cahill said (See  A Call to Action ).

Though executive director for just two years, Hearty has been a fixture at the Massachusetts board since 1991, when he served as a high-level finance aide to then governor, William Weld, who appointed him to the board. He served as a board member for a decade before resigning in 2001 to seek the executive director’s job. He also held high-level posts at the former Bank of Boston and Lehman Bros. Hearty’s old job is one of the highest paid in state government; Hearty’s recent salary was $212,000, plus performance bonuses.

Since taking over, Cahill has aggressively pushed the pension fund to invest in hedge funds, as a way to generate positive returns when the stock market is in a decline (See  PRIM OKs Hedge Fund ForayTreasurer Blames Lack of Hedge Funds for County Losses ), and to allocate funds for nontraditional investments that produce economic and social benefits to Massachusetts (See  MA Pension Board to Ponder Economically Targeted Investments ).

Cahill’s nominee has particular experience on the latter issue. For six years Weddle ran the Southern Africa Enterprise Development Fund, a $100-million effort that invested in small and medium-size businesses in the region.

Real Estate Versus Cash

In a separate issue, pension board members also argued this week that it may be illegal for them to accept real estate — the Hynes Convention Center and Boston Common garage — instead of cash, as dictated in the state budget, according to news reports.

Massachusetts lawmakers and Governor Mitt Romney, in closing a $3-billion budget gap, saved $145 million in payments to the pension fund by transferring the convention center and the garage to the board.

Some board members balked at the arrangement at this week’s business meeting, arguing that it’s not their job to manage real estate, and that they may be inviting a lawsuit if they accept the properties.

“There’s a drastic mistake being made here,” board member George McSherry said. “If the Legislature makes bad law, we don’t have to accept it. If we accept this, we violate our fiduciary responsibility that we’re only supposed to accept cash. That’s clear.” Board member David Grain said he’s concerned that they would be “violating the law by not accepting cash.”

Cahill is awaiting an appraisal to determine if the Boston properties are worth the $145 million price tag set by lawmakers during budget deliberations. Cahill plans to ask the Legislature to make up the difference if the appraisal shows the properties are undervalued. “We’re all in agreement that this is not preferable,” Cahill said. “We don’t want to establish precedent by it. But if there’s opportunities here to recoup $145 million, or close to it, then we should explore those possibilities.”

It was not immediately clear what the status of the properties would be if the board votes to reject them. The state budget, however, took effect July 1, and it states that the pension fund now controls the properties.

Joint Hearings Commence For Pension Interest Rate Discussion

July 15, 2003 (PLANSPONSOR.com) - A who's who of pension authorities has turned up at the US House of Representative's joint committee hearing to voice their opinions of the recent Bush administration proposals to introduce a new pension calculation interest rate.

“Thirty-year Treasury interest rates and pension funding calculations are all obscure and arcane topics to working families, but our goal here couldn’t be more simple:  To strengthen the retirement security of American workers by protecting the retirement savings that workers expect from their defined benefit pension plans,” Chairman of the House Education & the Workforce Committee, Representative John Boehner (R-Ohio) said at the onset of the joint hearing of the House Education and Workforce Subcommittee on Employer-Employee Relations and the House Ways and Means Subcommittee on Select Revenue Measures.

Overall, sentiment among the majority of opinions offered up to the joint committee was joy in seeing the administration taking positive steps to modify the convoluted current system.  Nonetheless, more steps need to be taken before plan sponsors can evaluate the full impact of the Bush proposal.

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“The need to replace the 30-year Treasury bond interest rate used for pension calculations is the most pressing issue facing employers that sponsor defined benefit plans and the individuals who rely on them. Immediate action is required to correct the problem,” testified Kenneth Porter, Director, Corporate Insurance and Global Benefits Financial Planning for Dupont Company, testified on behalf of a group of trade organizations representing a wide spectrum of American businesses, including the American Benefits Council (ABC), the ERISA Industry Committee, the National Association of Manufacturers (NAM), the Committee on Investment of Employee Benefit Assets (CIEBA), Financial Executives International (FEI), the Business Roundtable and the US Chamber of Commerce.

Further encouragement came from a statement by Ann Combs, Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA), “One of the Bush Administration’s hallmarks has been an aggressive agenda to improve retirement security.   Defined benefit plans are an important source of guaranteed retirement income and must be encouraged.   Benefit promises made to workers and retirees must be kept.”

“Workers, retirees and financial markets need accurate and timely information,” Combs added.

Accuracy was also the objective of Peter Fisher’s contention that the proposal was needed.   The nation’s top domestic finance official, disputing criticisms of over complexity, told the joint committee that the plan to replace the 30-year bond as a pension funding benchmark would benefit workers and companies alike.   “The primary goal of the administration’s proposal to replace the 30-year Treasury rate can be summed up in one word: accuracy,” Fisher said.

However, there appears to be dissention among the ranks in what the best course of action is in getting from Point A to Point B.   As the proposal now stands, for the first two years, the pension contribution rate would be calculated from a new interest rate benchmark based on long-term conservative corporate bond rates, as proposed in reform legislation put forward by Representatives Benjamin Cardin (D-Maryland) and Rob Portman (R-Ohio) (See  Unfinished Business, Regulatory Relief Top Portman/Cardin Bill ).

After a two-year transition, however, the administration's proposal goes off in another direction.  At that point, firms would have to start phasing in calculations that take into account when their pension bills would actually come due, using different points on the corporate bond yield curve (See  Experts Say Administration Pension Proposal A Step in the Right Direction, But… ).   The phase-in would be complete by the fifth year.

For these reasons, Porter does not see a reason to move past the original Portman-Cardin solution embodied inthe Pension Preservation and Savings Expansion Act of 2003 (HR 1776):   the permanent replacement of the30-year Treasury bond rate with the rate of interest earned on conservative long-term corporate bonds. "A yield curve regime would represent a very significant change in our pension system," Porter said. "We believe the yield curve would exacerbate funding volatility, increase pension plan complexity, and make it more difficult for business that sponsor defined benefit plans to plan and predict their pension funding obligations."

Instead, Porter sees the answer in "the use of a composite corporate bond interest rate," that he sees enjoying, "strong, bipartisan backing, and has support across the ideological spectrum. Use of a composite, high-quality corporate bond rate will appropriately measure pension liability, improve predictability of plan obligations, and is consistent with the pension rules previously adopted by Congress."

Further echoing these sentiments was James Klein, president of the American Benefits Council, who stated, "The Council has very significant concerns about the yield curve approach recommended as a permanent replacement."   Klein pointed to the fact that the yield curve concept is only a concept that is highly complex and presents monumental hurdles in explaining their inner workers to plan sponsors - much less have them implement. Many of these companies already see the current morass of rules as reason to abandon their defined benefit programs.   Further, the larger the employer the worse it appears, since each plan will be required to use a different rate of measurement for its particular liabilities, already detrimental plan costs will skyrocket.

Other Thoughts

Outside of the committee room, Federal Reserve Chairman Alan Greenspan offered up his opinion on the proposal.    "The suggestions of the Secretary of the Treasury do advance the process," Greenspan said during an appearance before a House panel as part of his twice-a-year testimony on monetary policy.  Further, Greenspan added,the proposal - especially after it is fully phased in - is "clearly superior" to the current system.

But he also said the company pension rules are "more complex than we need."

Donald Segal, chief research actuary with the Segal Company, agrees that plan sponsors would be looking at a more complicated plate under the Bush proposals.  "It's going to add an administrative burden," because of complexities associated with such an idea, as well as the current lack of clarification and guidance offered by the administration's initial proposal.  "It's not clear if they are talking about an individual yield curve for everyone, and if that's what it means how can that be simple?" 

A copy of the administration's proposals can be found at    http://www.treas.gov/press/releases/js529.htm.

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