Retirement Industry People Moves

Reams selects fixed income professional as portfolio manager; Schroders announces recent hires in New York and Denver; ERISA attorney joins Jackson Lewis P.C.; and more.

Reams Selects Fixed Income Professional as Portfolio Manager

Reams Asset Management has announced that Dimitri Silva will join the firm as a portfolio manager. Silva’s areas of focus will be global interest rates, foreign exchange (FX) and securitized assets. He will assume his role in March.

Previously, Silva was a portfolio manager with AllianceBernstein, where he was a member of the fixed income absolute return, U.S. multi-sector, and global multi-sector portfolio management teams. Silva also led the fixed income tactical interest rate group that was responsible for all tactical interest-rate duration, country, curve and volatility views for the fixed income department.

“We are very excited to have Dimitri joining our team,” says Mark Egan, chief investment officer (CIO) and managing director at Reams. “He brings extensive knowledge and experience to Reams, which will expand our overall toolkit, but there is also a great deal of overlap between how Dimitri sees the world and how we see the world.” 

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“I’m thrilled to join the Reams team. Its track record of generating strong returns over the long term for clients speaks for itself,” Silva adds. “Mark and his team’s approach, which is to remain disciplined about long-term value but react decisively when market dislocations occur, is very much aligned with mine.” 

Originally from Sri Lanka, Silva holds a bachelor’s degree from The College of Idaho and is a Chartered Financial Analyst (CFA).

Schroders Announces Recent Hires in New York and Denver

Schroders has added Alyse Kelly as senior portfolio manager and Nicholas Thompson as alternative institutional director of business development. 

Kelly, who has more than two decades of investment experience, will be based in New York and report to Michelle Russell-Dowe, Schroders’ head of securitized credit. Prior to joining Schroders’ securitized credit team, Kelly was a director at Pretium focused on leveraged loans in the media, telecom, lodging, gaming, leisure and consumer products sectors.

Kelly previously held director roles at Valcour Capital and Aladdin Capital, having begun her career as a credit analyst at Standard & Poor’s.

In his new role, Thompson will focus on building Schroders’ ability to directly address client needs and grow the firm’s institutional distribution efforts and diversified product set across the western U.S. He will be based in Denver.

The firm says Thompson’s alternative investing expertise will assist the institutional team in providing targeted solutions to clients from its private assets platform.

He will report to Allan Duckett, institutional director, head of the West. Harnessing his prior experience and knowledge of the industry, Thompson will work with the team to elevate Schroders’ alternative strategies and build market capitalization across the asset class.

ERISA Attorney Joins Jackson Lewis P.C. 

Travis DeHaven has joined the Atlanta office of Jackson Lewis P.C. as a principal. DeHaven has more than 30 years of experience in all matters related to employee benefits and executive compensation. 

“Travis’ arrival, combined with the bench strength of our existing employee benefits attorneys, gives us the ability to continue to provide the best in class counsel on complex benefits and executive compensation matters,” says Joy M. Napier-Joyce, leader of the firm’s Employee Benefits Practice Group. “He is a seasoned attorney with a practical approach who will expand the depth and breadth of our practice. His approach is an asset for our clients navigating technical and complex benefits issues in a rapidly evolving business and regulatory environment. He is a welcome addition to the firm.”

DeHaven frequently provides strategic advice to boards of directors and advises plan fiduciaries and board members regarding their separate fiduciary duties, including those arising when company stock is offered as a form of plan investment. Additionally, he works with clients on plan administration compliance, including negotiating third-party service provider contracts and voluntary self-correction matters, qualified and nonqualified deferred compensation (NQDC) design and compliance, incentive compensation and equity plans and arrangements, compliance with Internal Revenue Code (IRC) 409A, and mergers and acquisitions (M&As). 

Travis also provides Employee Retirement Income Security Act (ERISA) litigation support for clients. He was recently lead outside ERISA counsel in Data Marketing Partnership et al v. U.S. Department of Labor et al.  

Prior to Travis’ arrival at Jackson Lewis, he was a partner at Taylor English, Jones Day and Troutman Sanders. Travis had significant leadership responsibilities at two of his former firms, including leader of Troutman Sanders’ employee benefits and executive compensation practice.

“We are thrilled to welcome Travis to the Atlanta office,” says Office Managing Principal Todd Van Dyke. “Travis has notable experience in all areas of ERISA, employee benefits and executive compensation matters, which is a huge gain for our clients in the Southeast. His track record speaks for itself, and we look forward to seeing Travis’ contributions to the firm’s Employee Benefits Practice Group as we continue to grow in this space.”

Travis earned both his juris doctor and bachelor’s degree from the University of Georgia.

IRI Selects New Board of Directors Chair

The Insured Retirement Institute (IRI) has announced that John Kennedy, senior vice president, head of retirement solutions distribution at Lincoln Financial Distributors, is the new chair of the association’s board of directors.  

“John has 30 years of demonstrated commitment, leadership and advocacy in the retirement income industry and has served on IRI’s board of directors for several years,” says Wayne Chopus, IRI president and CEO. “His passion and dedication will be a valuable asset to our organization as we navigate a still uncertain time for our industry and nation after 2020’s unprecedented challenges.”

The IRI Executive Committee voted for Kennedy to assume the board chair role last week. The full IRI board of directors is expected to ratify the executive committee decision next month.

“The Lincoln Financial team shares John’s commitment and excitement to help lead IRI and our industry, which aspires to help all American families achieve financial peace of mind in retirement,” says Will Fuller, executive vice president and president of annuities, Lincoln Financial Distributors and Lincoln Financial Network. 

Fuller is a former IRI board member and recipient of IRI’s Leadership Award in 2014 and IRI’s 2019 Industry Champion of Retirement Security Award.

“We are fortunate to have such a deep well of talented leaders who are committed to IRI’s mission and vision and who are willing to contribute their time, energy and guidance to move our industry forward,” Chopus says. “We welcome John’s leadership as the new IRI board chair and look forward to the continued collaboration of our entire executive committee and board of directors to advance our strategic goals and objectives in the coming year.”

Another Schlichter Suit Targets Sponsor and Providers

Even cases that allege potential wrongdoing on the part of a service provider are often targeted exclusively at the plan sponsor. Not so in the latest suit filed by the law firm Schlichter Bogard & Denton.

A new Employee Retirement Income Security Act (ERISA) lawsuit filed in the U.S. District Court for the Central District of California names both the plan sponsor and various financial service providers as defendants, including NFP Retirement.

The plan sponsor involved in the case is the Wood Group, which is an international business involved in the U.S. oil and gas sector. According to the complaint, filed by plaintiffs under the representation of the well-known law firm Schlichter Bogard & Denton, the plan’s in-house fiduciaries and various service providers with functional fiduciary status failed to operate the Wood Group’s retirement plan for the exclusive benefit of participants and beneficiaries. The defendants are further accused of failing to ensure that all plan expenses are reasonable and that all plan investments are prudent.

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“Instead of acting in the exclusive best interest of participants, the Wood defendants and NFP caused the plan to invest in NFP’s collective investment trusts [CITs] managed by its affiliate flexPATH Strategies, which benefitted the NFP defendants at the expense of plan participants’ retirement savings,” the complaint states. “The Wood defendants and NFP also failed to use their plan’s bargaining power to obtain reasonable investment management fees, which caused unreasonable expenses to be charged to the plan.”

As is common in these cases, the text of the complaint speaks at length about the general principles underpinning the fiduciary duties of prudence and loyalty mandated by ERISA. Much of the text of the complaint is also dedicated to detailing the reduction in the average fees paid by large U.S. retirement plans for both investments and administrative services.

“Fiduciaries must be cognizant of a service provider’s self-interest in maximizing fees, and cannot simply accede to the provider’s desires and recommendations to include the provider’s proprietary funds and services that will maximize the provider’s fees without negotiating or considering alternatives,” the complaint states. “In order to act in the exclusive interest of participants and not in the service provider’s interest, fiduciaries must conduct their own independent investigation into the merits of a particular investment or service by considering alternatives.”

The complaint goes on to suggest that, in recommending the placement of the flexPATH funds in the plan, NFP acted under “a profound conflict of interest between acting in the exclusive best interest of plan participants as the plan’s fiduciary investment adviser while also seeking to grow its collective investment trust business through flexPATH Strategies and maximize its revenue through investment advisory fees collected from the flexPATH funds.

“NFP had an incentive to recommend investment vehicles offered by flexPATH Strategies because it receives additional compensation when its clients invest in those vehicles, such as in the form of bonuses and other incentives for the individual NFP investment advisers whose clients invest in affiliated products or services,” the complaint continues.

Lawsuits including similar allegations have so far met mixed outcomes across the federal district court system, based on the facts of each case and on the varying degrees of willingness of individual judges to grant standing to plaintiffs and permit discovery. For example, a ruling filed in September by the U.S. District Court for the Northern District of Georgia permitted the case to advance, though it carved out two service providers as defendants. In short, the court granted motions to dismiss filed by Alight and Financial Engines, in which the defendants argued they are not, given their contracted roles and inability to set their own compensation levels as service providers, liable for the fiduciary breach claims alleged in the broader suit. The dismissal motion filed by the in-house fiduciary Home Depot defendants, on the other hand, was denied.

Asked for comment on the lawsuit, NFP provided the following statement:

“NFP Retirement and flexPATH Strategies have two central goals: to enhance retirement processes for our clients and improve outcomes for their participants. Our respective companies have years of experience and work with outside counsel to ensure that the services and processes offered are compliant with all state and federal regulations.

“The allegations of fiduciary breaches asserted against NFP Retirement, flexPATH, and one of our largest retirement plan clients in a lawsuit filed recently in California are without merit. The lawsuit contains numerous inaccuracies pertaining to our fees, services, and processes.

“NFP Retirement and flexPATH Strategies intend to defend against plaintiffs’ allegations vigorously, and are confident that the compliance protocols and business processes that are currently in place not only meet all state and federal statutes and regulations but also drive better outcomes and value for our clients.”

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