The High Court ruled 7-2 in the case of Egelhoff v.
Egelhoff that state law could not preempt a deceased
participant’s beneficiary designation according to the
terms of a plan document.
Boeing participant David Egelhoff died in an accident
shortly after his 1994 divorce from Donna Rae Egelhoff,
without removing her as beneficiary of employer-provided
pension and life insurance benefits.
His children from a previous marriage sued, claiming
they were entitled to the benefits. A Washington
State law says that a divorce automatically revokes a
spouse’s beneficiary designation.
A state judge ruled for Mrs. Egelhoff, but an appeals
court and the Washington Supreme Court reversed and held
the children were entitled to the benefits.
The Supreme Court overturned, ruling that a primary goal
of ERISA was to establish uniform administration of
employee benefits.
Justice Clarence Thomas wrote the majority opinion,
joined by Chief Justice William Rehnquist and Justices
Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, David
Souter and Ruth Bader Ginsburg.
Justices John Paul Stevens and Stephen Breyer dissented,
claiming that estate distribution is traditionally
regulated by the state, and that Washington’s law did not
impede ERISA’s goals.
February 21, 2001 (HedgeWorld.com) European
institutional investors' use of hedge funds has more than
doubled in 2000 and is likely to grow at a faster clip in the
future, according to new research by Golin/Harris Ludgate, a
London-based public relations firm.
Fulcrum Research, on behalf of Golin/Harris, surveyed
100 institutions across Europe, 36% of which invest in
hedge funds, about their hedge fund investment
preferences.
A total of 28% said they intended investing
institutional money into hedge funds in the foreseeable
future. Of the total respondents 64% were either already
investing or intending to invest institutional money into
hedge funds.
Most of the institutional investors interviewed were
based in the United Kingdom, France, Germany, the
Netherlands, Scandinavia, and Switzerland. And a total of
10 institutions were surveyed in Ireland and Italy.
Golin/Harris estimated the total assets of the sample
represented were more than 67% of the assets under
management by European institutions.
Hedge funds were most popular with investors in
Switzerland, France and the United Kingdom. Institutions in
those markets were already investing 60%, 53% and 43%,
respectively, in hedge funds. The strategies were least
popular with institutions in the Netherlands, Germany and
Scandinavia where only 10%, 13% and 20% of those surveyed
said they had invested in hedge funds.
In Germany, investors were the most cautious in
predicting their use of hedge funds, predicting a reliance
on fund of funds approaches.
The research also shows negative sentiment toward hedge
funds decreasing to 35% of respondents from 40% from the
previous survey. The improved outlook for hedge fund
investing in Europe may be attributable to: the benefits of
greater diversification; higher returns as compared with
traditional products; and the lack of correlation with
regional markets hedge funds offer, the survey
concluded.
But the most cited reason was the downturn in market
performance during the last 12 months. “Ultimately Europe
has followed the lead of the U.S.,” said one U.K.-based
participant. “Additionally the equity markets are falling
and so hedge funds are seen as an alternative way to make
good returns.”
Although the bear market may mean more hedge fund
investors, those investors will need to remain cautious of
potential liquidity problems, the survey concluded.
“There will be increasing opportunities because one
doesn’t have the restrictions of short-term investment,”
said one Netherlands-based institutional investor in the
survey. “On the other hand, if the bear market results in a
reduced liquidity, hedge funds will also have a
problem.”
Nevertheless, Scandinavia is a large potential market
for hedge fund managers, with 70% of institutions intent on
investing in hedge funds. Last year Scandinavia’s
investments in the asset class doubled to 20% from 10%,
according to the Golin/Harris research.
Across Europe, the average asset allocation to hedge
funds is 2.29%. The most common strategies were market
neutral and long/short equity, the survey said. In gauging
future interest, researchers discovered market neutral was
the most popular strategy moving forward.
“Hedge funds offer higher returns,” said one Irish
investor surveyed. “We realize that we must be more
practical and consider alternative options since the stock
market is not doing so well.”