San Diego Accuses Callan of Pay to Play Conflicts

August 19, 2005 (PLANSPONSOR.com) - The city of San Diego has sued a San Francisco pension consulting firm that has helped invest the city pension fund for 23 years, saying it had undisclosed conflicts from a pay to play scheme.

The California Superior Court suit against Callan Associates charged that the firm had recommended the city hire money managers that had paid Callan as much as $500,000, the New York Times reported. The suit alleged that out of 339 money managers under consideration to handle San Diego’s large-capital growth investments, the only half dozen recommended had all made such payments to Callan. Four of the six were also members of the Callan Institute, a body that charges an annual fee of $188,000, the suit said.

The city’s lawsuit also named the pension fund’s actuarial firm as a defendant. It said the firm, Gabriel, Roeder, Smith & Company, had endorsed the unsound handling of the pension fund by city officials and had concealed the fund’s problems.

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Gabriel, Roeder was slapped with a participant lawsuit in early July over its work with the San Diego fund, alleging that the firm covered up the fact that a proposed funding plan would lead to a severe plan deficit. (See San Diego Retirees Sue Plan Actuary).   

In addition to operating a pay to play scheme, Callan was accused of not following city investment guidelines it helped write, according to the Times report. For example, even though city guidelines called for all money managers to be ranked in the top 40% of asset managers over a three to five-year period, Callan had recommended the firm of Lincoln Capital Management at a time when that firm ranked in the bottom 8% of its investment class and had been in the bottom 12%.

The lawsuit is the latest development in a scandal surrounding the San Diego pension fund, which is currently staring at a $1.4 billion deficit that is the product of slumping investment values and liabilities exacerbated by generous – and controversial – benefit enhancements approved when the plan’s fund appeared flush with funds.  The resulting scandal has led to the resignation of the mayor, the delay of a $500 million bond issue, restatements of the city’s financial reports totaling more than $600 million, numerous lawsuits and investigations – and vitriolic interchanges between the newly elected City Attorney and SDCERS Board members (see  San Diego City Manager Says He’ll Quit – If the City Attorney Will ). 

The city’s lawsuit follows the publication, in June, of a critical report on pension consultants by the Securities and Exchange Commission. While the SEC report was based on a limited number of firms (24), it claimed that as many as 13 of those consulting firms registered with the agency had conflicts that might lead them to recommend inappropriate investments (See    SEC Calls for Pension Consultant Disclosure Reforms ).

MA Legislative Panel Recommends Pension Fixes

July 7, 2006 (PLANSPONSOR.com) - A pension system reform committee created by the Massachusetts State Legislature is recommending a series of fixes, which include ending the ability of certain state workers to qualify for a richer pension benefit.

The Blue Ribbon Panel on Massachusetts Public Employees’ Pension Classification System wants to end the practice that involves the ability of certain employees using their political connections to get their state job category reclassified to be eligible for the stepped-up benefits, according to the Boston Globe, citing a copy of the committee’s draft report. The report does not address the overall costs of pension benefits to taxpayers.

“Today the system is perceived as unfair to both public employees and taxpayers because some particularly those employed by the state with political connections have the ability to ‘game’ the system,” the panel wrote. The report is scheduled to be released next week.

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The Globe explained that employees are angling to be placed into Group 4 one of four employee categories reserved for those in high-risk occupations such as police officers, firefighters and correctional officers. Individuals in Group 4 can retire at age 55 with higher benefit levels, the newspaper said. A second category allows employees to retire at age 60, while a third group must wait until 65.  

“The report clearly states that retirement income should be fair across the board for all employees,” Alan Macdonald, a panel member and executive director of the Massachusetts Business Roundtable, told the newspaper. “Now some people get to take advantage of the system, and some don’t. This is about fairness for the thousands of people who are in the system.”

According to the Globe, the panel’s recommendations include:

  • putting a moratorium on reclassifying workers to higher-paying categories
  • basing employees’ pensions on their average salary over their career, not the highest three years
  • reducing the number of employee categories to encourage more employees to work until they are 65 to collect full pension benefits.

The report was produced as political leaders step up their scrutiny of the state pension system, whose members include more than 300,000 active workers and about 180,000 retirees. Many of the recommendations would affect only new hires, the Globe said.

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