Pension Fund Group Opposes Proposed California DB Pension Reform

February 2, 2005 (PLANSPONSOR.com) - A group of large institutional investors and others has come out against California Governor Arnold Schwarzenegger's plan to reform the state's pension plan, saying that the move is part of a broad counterattack against corporate reformers.

A group that includes California State Treasurer Phil Angelides, New York Comptroller Alan Hevesi, North Carolina Treasurer Richard Moore, and corporate governance expert Nell Minow has come out against any move to privatize California’s pension system, saying that his plan is part of a “national battle” in which Schwarzenegger is counting on funds from outside the state to help him win.

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In addition , officials from the California Public Employees’ Retirement System (CalPERS) and the Oregon pension systems came out against Schwarzenegger.

The group contends that it is being targeted because of its active support of corporate reform in the wake of the WorldCom and Enron scandals. Schwarzenegger and others such as the Howard Jarvis Taxpayers Association are fighting group member because of their ability as large institutions to wield power in the marketplace over corporations through proxy voting and other methods, according to the group (See Running the Fund: Clear Conscience? ).

Calls for reform have been coming from both state legislators (See Assemblyman Floats DC Plan for Golden State Employees ) and Schwarzenegger (See Schwarzenegger Supports CalPERS Overhaul Efforts ), who think that the state’s plan is a financial burden and does not provide workers with flexibility.

“Public pension funds have taken a leading role in restoring honesty, integrity, and openness to our nation’s financial markets after corporate scandals shook the very foundations of our financial institutions, damaged our economy, and harmed millions of Americans,” said Angelides in a statement. “Now Governor Schwarzenegger wants to break these powerful voices of corporate reform into literally millions of pieces, cutting people loose to fend for themselves in the marketplace.”

“The risk to the American economy is not from reform-minded public pension funds,” added Hevesi in the statement. “It is from corrupt corporate managers who imposed a huge cost on every American. Because of the corporate scandals, investors lost billions, retirees lost pensions, workers lost jobs and taxpayers paid higher taxes and faced cuts in services.”

Pension Fund Files Parmalat Suit

January 14, 2004 (PLANSPONSOR.com) - An Alaska carpenters union pension fund has filed a lawsuit alleging securities fraud at besieged Italian dairy firm Parmalat.

The 2,000-member retirement fund of theSouth Alaskan Miners’ Pension Fundsays 12,000 shares of Parmalat were purchased last summer for $40,000.   After watching the stock soar to a recent high of $2.36, Parmalat has come crashing down to Earth in the midst of a massive accounting scandal, falling as low as $0.11 a share, according to a USA TODAY report.

Last Friday the retirement fund filed a federal securities fraud suit against Parmalat andits current auditor in Italy, Deloitte & Touche; and its former auditor there, Grant Thorntonand Citicorpin New York.   The suit, which seeks class-action status, charges the conglomerate sold more than $5 billion in overvalued securities to investors.

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“Depending on whose story you hear and which day you hear it, their investment appears to be worthless now,” Darren Robbins, a lawyer representing the retirement plan told USA TODAY. “They’re not too happy about it.”  

Among the focus of the lawsuit, Robbins told Executive Intelligence Review is an offshore “mail-box” firm that Parmalat used to channel the liquidity coming from the bond sales called Buconero, which translates to “black hole.”   “We believe that Citigroup, by creating instruments like the sadly famous ‘Buconero,’ has played a fundamental role in helping Parmalat to fake their balance sheets and hide their real financial situation,” Robbins told Executive Intelligence Review.

The carpenters union may not be alone in legal action for long, Robbins said.   Other US institutional investors who lost money in Parmalat stock or bonds, including an unnamed Florida-based pension fund, are in talks to join the union’s lawsuit.

The Parmalat scandal may touch more than just pension funds in America’s pension coffers.   Fifty-nine US-based international mutual funds reported holdings of nearly $100 million in Parmalat stock during 2003, the USA TODAY report said.  Top stockholders in Parmalat prior to the accounting scandal’s impact were the Bernstein Tax-Managed International Value fund, with shares valued at more than $25 million, and a Putnam International Capital fund with a stake of more than $14 million.

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