N.J. Says Required State Pension Contribution Is Unconstitutional
September 8, 2014 (PLANSPONSOR.com) – New Jersey is asking a court to dismiss lawsuits brought by unions challenging Governor Chris Christie’s decision to reduce the state’s contribution to its pension fund this year.
According
to a court filing by Acting Attorney General of New Jersey John J. Hoffman,
the 2011 pension reform that Governor Christie signed into law violated the
state’s constitution by mandating certain contribution amounts by the state. Hoffman
says the contractual right in the pension reform violates the debt limitation
and appropriation clauses of the state’s constitution and detracts the governor’s
constitutional veto power.
The
court document claims the constitution “forbids the Legislature from placing
an unwilling populace in an eternal fiscal stranglehold.” Hoffman argues that
long-term financial obligations that create an enforceable right to an
appropriation must first be approved by voters.
In
addition, the court filing states that “because the economy ebbs and flows,…
the Constitution mandates that the Legislature and Executive annually assess
both what items to appropriate monies for and the amount of each appropriation.”
Hoffman says the state’s constitution protects all the state’s citizens and not
just special interest groups seeking their own interests at the expense of the
common good. According to Hoffman, final word on appropriation levels vests
with the governor, “the sole elective representative who is answerable to all
the people.”
The state already cut
its pension fund payment for last fiscal year, a move which was approved by the courts, according to news reports. In addition to employee unions, the New Jersey’s Public Employees’
Retirement System (PERS) decided to take Governor Christie to court to stop the reductions in pension payments. The lawsuit is meant to compel
Christie to make $3.8 billion in payments to the pension system over two years,
instead of the $1.38 billion Christie is proposing as way of dealing with the
state’s budget crisis.
September 8, 2014 (PLANSPONSOR.com) - Retirement plan sponsors and participants and other long-term investors should favor low-volatility stocks over riskier equities, according to a new analysis from Research Affiliates LLC.
In a new paper, “True Grit: The Durable Low Volatility
Effect,” analysts from Research Affiliates question the tautology that riskier portfolios
have higher expected returns over long-term investment horizons than do
low-risk portfolios. It’s a piece of reasoning underlying much of the investment
advice given to retirement plan participants: Riskier portfolios may suffer when
the markets fall, but in the long run any losses will be more than compensated
by the strong growth risky portfolios make possible.
“The theoretical relationship between ex ante risk and expected return is so obviously a truism that it
seems silly to write about,” the Research Affiliates paper explains. “But we
bring it up here precisely because ‘it goes without saying.’ The statement that
one must accept higher risk to earn higher returns is axiomatic. It is, in
fact, such a basic proposition that classical and neoclassical finance simply
cannot be stretched or twisted to accommodate contrary observations.”
However, the paper argues that as the investment management
industry learns more about behavioral finance and becomes more willing to question
whether markets truly turn on rational, utility-maximizing behavior, the
traditional axioms of risk and return will increasingly come into question.
As Research Affiliates explains, behavioral descriptions of
why investors accept higher risk in longer-term portfolios “depend on the
observation that many market participants have a clear preference for risky growth
stocks.”
“Indeed,
their partiality is so strong that, in addition to rejecting value stocks, they
often drive the price of growth stocks to unrealistically high levels,”
the paper explains. “In other words, many investors tend to shun the stocks
that are out of favor—the value stocks in their opportunity set—and overpay for
prospective growth.”
The outcome of this behavior is predictable, according to
Research Affiliates: Low-priced stocks, which are less volatile, can frequently
outperform the more volatile high-priced stocks, even over the long term.
Research Affiliates says it has run an extensive economic simulation to test
this theory, and the results are encouraging for the low-volatility approach to
long-term investing.
For instance, while a simulated cap-weighted benchmark portfolio
of U.S. stocks had annualized volatility of 15.45% and annualized returns of
9.81% based on economic data from 1967 to 2012, a theoretical low-volatility strategy showed both
lower annualized volatility (12.55%) and higher annualized returns (11.65%). So
called “low-beta” portfolios also outperformed traditional index-based
approaches, securing 12.84% annualized volatility and 11.83% in annualized returns
during the same period.
Strikingly, the Research Affiliates paper
shows a similar pattern even for emerging markets. Between 2002 and
2012, the theoretical cap-weighted benchmark global emerging markets
portfolio showed 14.59% in annualized returns and 23.83% in
annualized volatility. This compares with annualized volatility of about
16.2%
for both low volatility and low beta emerging markets portfolios, which
both
returned more than 21% during the 2002 to 2012 time period.
“The issue, then, is to make sense of a preference that
often leads to self-defeating investment decisions,” the paper continues. “A
simple, direct explanation of the low volatility effect is that many investors
willingly accept lottery-like risk in pursuit of better-than-average returns.
In other words, many investors are given to gambling.…Investors with a strong
penchant for gambling are likely to choose high-risk stocks with large
potential payoffs over low-risk stocks with unexciting expected returns.”
A more subtle behavioral explanation of the preference for
risky stocks is grounded in textbook finance, the paper suggests: “Various forms of leverage can boost rates of returns. Many
investors, however, are unable or unwilling to use leverage. For example, they may be subject to investment policy guidelines
that prohibit borrowing, or they may not have access to low cost credit, or
they may balk at the downside risk of a leveraged position.”
In this
respect, risky stocks offer an outlet for leverage-constrained or
leverage-average investors, including those in retirement plans, who are seeking higher returns. Additionally,
institutional portfolio managers are often discouraged from overweighting low volatility
stocks by an implicit mandate or explicit contractual requirement to maximize
their information ratio relative to a cap-weighted benchmark, according to
Research Affiliates.
From the client’s perspective, placing a tolerance range
around tracking error facilitates monitoring aggregate asset class risk
exposures
and evaluating individual managers’ performance, Research Affiliates
says. “Unfortunately, however, it also promotes closet indexing,”
the paper explains. “And because cap-weighted indices favor the most
popular stocks,
closet indexing tends to sustain the low volatility effect.”
But
can the “low-volatility premium” last if more investors
take note? Research Affiliates says the increase in smart beta investing
since
the global financial crisis of 2008 “tells us that investors can
successfully
disavow the notion that the only way to get higher returns is to take
more
risk.” Further, the asset management industry is one fully steeped in
tradition—meaning it's unlikely that a wide-scale push towards low
volatility investing will dry up the potential premium.
In closing, the paper explains there will most likely be
periods when investors’ demand for low volatility stocks will drive up prices
and reduce the return premium to a level that makes the strategy unattractive. Over
the long term, however, “it is reasonable to expect low volatility investing to
persist in producing excess returns.”
Research
Affiliates published the paper, available here, as part of its Fundamentals research series. It was penned by Feifei
Li and Philip Lawton.