Fees, Form 5500 and Fiduciary Liability - The New F Words

Please join Investment Governance, Inc. CEO - Dr. Susan Mangiero - for a one hour discussion with ERISA attorney, Linda Ursin, and Ms. Jamie Greenleaf, Senior Partner with Cafaro Greenleaf on June 29 from Noon to 1:00 PM EST.

Attendees will learn more about:

1. Assessing management fees for reasonableness
2. Form 5500 compliance rules
3. Fiduciary liability for failiure of oversight of service providers

And much more!

Click here to register for this free educational webinar.

Free Webinar About Transition Management - Taming the Beast

Please join Investment Governance, Inc. and Northern Trust Company for a free educational webinar about transition management on June 24, 2010 from Noon to 1:00 PM EST. Mr. Grant Johnsey, Senior Vice President and Head of Transition Management - North America for Northern Trust Company will review historic market volatility, provide a break down of the implicit costs of trading and steps one can take to minimize risk. He will be joined by Attorney Emily Reid, General Counsel and Chief Compliance Officer for the Illinois State Board of Investment. Funding is provided for this webinar by Northern Trust Company.

Click here to register for this free educational event.

How to Work With an Outsourced Chief Risk Officer

Click here to register for a free educational risk management webinar on June 21 from Noon to 1:00 PM EST.

Please join Investment Governance, Inc. and Cenario Capital Management for a one-hour discussion on June 21 from Noon to 1:00 PM EST about the nuts and bolts of working with an outsourced Chief Risk Officer. Mr. Steve Van Besien, Co-Founder of Cenario Capital Management, and Dr. Petter Kolm, Director of the Mathematics in Finance M.S. program with the Courant Institute, New York University, will address why and how fiduciaries should consider using independent risk experts.

Attendees will learn more about:

1. How to develop a risk management policy statement
2. Differences between various risk metrics
3. How to manage financial volatility
4. Having another "seat at the table" to address enterprise-level risk

And much more!

Thank you to Cenario Capital Management for sponsoring this educational event.

Healing Power of Gratitude

I happen to have a window office in a local corporate park that overlooks a sculpture garden. Every night, I have a front row seat to the majesty of pink and purple hues as the sun sets behind a billow of clouds. It is an amazing reminder of all those little things in life that we sometimes take for granted, especially now. So many of us are confronted with challenges on countless fronts - the care of aging parents, crazy markets, state, national and global economic woes, discerning the meaning of life and so on.

You've probably heard the adage that the alternative to getting older is not a pleasant one. In that vein, I'd like to share the words of President John F. Kennedy who is quoted as saying that "As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them." How true. When I read some of the headlines of late about scandal and fraud, I am grateful that I have the opportunity to work with organizations that share our focus on growing the value proposition pie for our shareholders and clients alike as opposed to viewing the upside as fixed and therefore fighting to the bitter end for the last morsel.

"Thank you" has benefits that go beyond the warm and fuzzy. Increasing amounts of research substantiate the positive. In her bestselling book, "Thank You Power: Making the Science of Gratitude Work for You," Deborah Norville documents studies that link "yes" thinking to all sorts of rewarding outcomes. Dr. Dan Baker has conducted extensive work in this area of happiness and productivity. He is the author of "What Happy Companies Know" and "What Happy People Know."

As we head into a long weekend, I plan to spend some time in the office. I'm not complaining. I'm grateful for the chance to (hopefully) be making a difference in the way people view investment best practices. I'm appreciative of another lovely sunset, a chance to listen to classical music while I work and to live to see another day.

 How lucky is that?

 

Tags:

Pension Risk Management - Free Webinar

On May 21, 2010 from Noon to 1:15 PM EST, Mr. Ryan McGlothlin (Managing Director and Head of P-Solve US) and Dr. Norman Ehrentreich (Principal at Ehrentreich LDI Consulting & Research) will explain the basics of Liability-Driven Investing and Dynamic Asset Allocation, talk about how to choose and vet asset managers and point out key elements of an LDI-DAA policy statement. Click here  to register.

If you cannot join, please note that we will post slides and the audio recording to www.FiduciaryX.com in a few days.

If you are not yet a subscriber and are an institutional investor or have institutional investors as clients, register now for a free subscription to www.FiduciaryX.com. Go to http://portal.fiduciaryx.com/register/.

Pension Audit and Reporting Webinar Slides Now Available

Slides and the audio recording of the May 18, 2010 webinar about new pension audit and reporting rules are available now to FiduciaryX.com subscribers. Simply click here. You will be prompted to log in. Enter your email address and password and you will be taken directly to the slides and audio recording page. If this is the first time that you are logging into www.FiduciaryX.com, you will be prompted to read and agree with the Terms of Use.

Email CustomerCare@InvestmentGovernance.com if you have questions about the Terms of Use or need help in getting access to www.FiduciaryX.com.

If you are not yet a subscriber and are an institutional investor or have institutional investors as clients, register now for a free subscription to www.FiduciaryX.com. Go to http://portal.fiduciaryx.com/register/.

We look forward to having you join us in the global conversation about investment best practices. Enjoy our content library, Virtual Reference Desk and social network. Connect with peers. Read cutting edge thought leadership and search for document templates that save you time and money (and it's free to you - our compliments)!

Not 21 But Lots of Great Opportunities Ahead

A man is not old until his regrets take the place of dreams.
- - - - John Barrymore, "Good Night, Sweet Prince" 1943

If Betty White can rock Saturday Night Live to its highest ratings at the age of 88 and Sunset Daze is media gold for the senior reality television set, there is hope for anyone who wants to stay in the game rather than "retire" from the mainstream. In "Famous folks launched careers after 50" by CNN's Ethan Trex (May 16, 2010), more than a few individuals have realized great commercial success as seniors, including Colonel Sanders (of Kentucky Chicken fame), President Ronald Reagan and Takichiro Mori (twice reported by Forbe's as the world's richest man "with a net worth of $13 billion").

Good news is everywhere for the gray haired set if you accept current research about preservation and growth. In "Creativity and successful brain aging: Going with the flow" by Susan Krauss Whitbourne, PhD (March 23, 2010), having friends, enjoying leisure activities such as bridge or dancing and developing a "flexible mental attitude" are three hallmarks of a productive and enjoyable "later life."

At a time when the world is getting older, employers are challenged with managing the costs of providing post-employment retirement benefits as well as having skilled and experienced workers in place.

In a summary slide show, Business Insider excerpts from the 2009 EU Ageing Report to paint a sober picture of how age impacts gross domestic product ("GDP"), assuming that retired persons truly exit the economy and are given no opportunity to continue working in some fashion. (Keep in mind that official statistics do not fully capture actual employment.)

Country Pension Cost compared to GPD in 2007 Estimated Pension Cost compared to GPD in 2035 Estimated Change in Working Age Population by 2020
Netherlands 6.6% 10% -4.3%
Luxembourg 8.7% 17% -1.1%
Denmark 9.1% 11% -4.3%
Bulgaria 8.3% 9% -5.6%
Czech Republic 7.8% 7.6% -8.3%
Belgium 10% 14% -3.5%
Poland 12% 9.3% -5.7%
Hungary 11% 12% -5.0%
Italy 14% 15% -3.0%
Sweden 9.5% 9.4% -6.0%
Malta 7.2% 9.7% -7.1%
Greece 12% 19% -3.9%
France 13% 14% -5.5%
Finland 10% 14% -8.5%
Slovenia 9.9% 15% -6.6%

 

Things are not too much better in the United States with respect to financial solvency and unfunded retirement benefits. According to "The Market Value of Public-Sector Pension Deficits" by Andrew G. Biggs (Retirement Policy Outlook, American Enterprise Institute for Public Policy Research, April 2010), "public-sector pension plans have only a 16 percent probability of being able to cover accrued benefit liabilities with current assets."

The ramifications are huge in so many ways. Increased taxes, rescinded benefits or both are vote killers so you have to know that THE demographic time bomb is going to become political radiation in short order.

Until then, if you are healthy and able to continue working or are otherwise financially independent, enjoy the good life. Way to go!

U.S. Department of Labor Targets Target Date Funds

 

In its May 6, 2010 guidelines about target date funds, the U.S. Department of Labor encourages investment decision-makers to:

  • Consider investment style
  • Carefully review a fund's prospectus for information about asset mix
  • Evaluate how investments could vary over time
  • Think about an employee's timeline for income needs
  • Examine the fees being charged.

Whether you agree that target date funds are a retirement plan salvo, there are numerous risk issues to take into account and manage. Look for details about upcoming educational events on the topic of target date fund risk management.

 

The Monkey Shirt Won't Fit No Matter What You Say

I'm one of those optimistic souls who still believes in good customer service. I regularly reward vendors who go out of their way to provide what used to be considered the norm but increasingly falls into the "unusually superior" category. I try to be polite and patient. Hey, we all make mistakes once in awhile. Sometimes however it is just plain difficult to accept bad service. Consider the case of my recently ordered Curious George tee shirt from an Amazon.com vendor.

  • I ordered XL so I could have a baggy T to wear to the gym.
  • What arrived in the mail today was a shirt that was so small that I thought they had sent a child's size by mistake.
  • I called the vendor and they insisted that the shirts run tiny but indeed I had received an adult XL and that they would not reimburse me for shipping but would credit my account for $22. Though I pointed out that the roundtrip postal costs would exceed more than 50% of the purchase, Grace in customer service said "no."
  • I showed the item to my husband who laughed and suggested that we might, if lucky, be able to give it away to a toddler.
  • I called Amazon.com and complained. It is not the money per se and I have a lot of things to do other than complain about casual garb. I just got annoyed at the fact that the shirt was so obviously misrepresented as a "typical" sized top. The Amazon.com customer service representative credited the shipping costs to my account immediately and instructed me to return the shirt to the vendor for a reimbursement of the $22.
  • The outcome of this encounter is that I plan to continue as an Amazon.com client but will never buy from the tee shirt vendor again!

Our pension, endowment and foundation clients often bemoan the quality of service they get from their service providers. You can understand their plaint. At a time when money is tight (but even if it wasn't), every penny spent on services and products on behalf of beneficiaries should result in top-notch delivery. "Good" is not extraordinary.

At a time when institutional investors are outsourcing even more of their regular work flow to third parties, contracts absolutely must describe the core elements of any engagement and/or product purchase and everyone should perform according to those terms. Conversations about ongoing communications should address frequency, detail and availability of help in case there are questions (and yes, asset owners should expect a real person to answer their questions when they occur). Investment decision-makers with hiring and oversight responsibility can mitigate their own fiduciary risk by making sure that customer service expectations are met (and hopefully even exceeded).

If the shirt is advertised as an adult XL, it should fit someone larger than a small child. Ditto for anyone providing goods, services or both to stewards in charge of $25 trillion in global assets. Representation of what an organization is buying should relate to the reality of what they receive.

Editor's Note: If you have an example of bad service you want to share, please email Editors@InvestmentGovernance.com. We will not publish the names of the alleged offenders but would like to know what elements of good service are important to institutional investors and their attorneys and advisors.

Can Great Cards Overcome a Complex Strategy?

Thanks to my husband's astute coaching, I'm becoming a big fan of bridge. Each hand presents a new challenge. In addition to deciding how to play my cards, I have to take my partner's thirteen into account as well as what we need to successfully complete the rubber. I confess that scoring remains a mystery and I'm still unclear as to how to execute certain plays. For example, the other night, I had four aces, three kings and a few queens and jacks but not much of a long hand in any suit. Somewhat of a novice, I took the safer road of bidding a particular suit rather than pursuing a "no trump" course of action. Much like bridge, institutional investors often face choices about what to do.

  • Having adequate resources does not necessarily equate to easy choices about asset allocation. I had a terrific start (lots of face cards) but did not want to risk losing the hand by following a strategy with which I was unfamiliar. Additionally, I did not want to let my bridge partner down. In pension land, having lots of money to invest should not equate to a "bet the bank" mentality (i.e. adopting an overly complex approach). Moreover, the interest of beneficiaries (like other partners) must be taken into account.
  • Some losses are imminent. Sometimes a few cards are purposely lost in early rounds as a way to gain a superior position for an ultimate win. In investing, markets can bounce around, tempting institutions to pull and run. Establishing trading limits that comport with pre-established goals and risk tolerance levels makes sense. Confusing long-term goals with short-term actions can sometimes be costly and ill-advised.
  • Switching partners from time to time offers fresh insights but is likewise hard work. Bridge takes a round robin approach that rattled me at first. After all, if I was winning with a particular partner, why should I have to change? What I've learned is that each new pairing requires a re-examination of the relationship, especially a focus on how to properly communicate with one another. While some investment relationships are ongoing, many are not. The need to clearly exchange mission-critical information is an important skill. Just as any failure on my part to discern my bridge partner's intent during the bidding process can lead to ruin, so too can a breakdown in communication between asset owner and advisor. As the consulting industry consolidates in favor of larger organizations, client communications will be tested as parties get to know each other from scratch. (Note: Interested readers may want to check out "Consultant market set for further contractions," Professional Pensions, April 30, 2010.)
  • Skill is essential but sometimes luck dominates. As much as I focus on learning the game, bridge can frustrate. If you are dealt a bad hand, you simply have to get through it, be patient and know that discipline is not a guarantee of high returns. Investing is much the same. A good process is paramount but does not mean that a portfolio's return in any given quarter is going to outbeat a particular target.
  • Know where you are going. Journalist Chuck Palahniuk observes that "If you don't know what you want, you end up with a lot you don't." If I stop thinking ahead several plays in bridge, I will unlikely miss my chance to win a particular hand. If an asset owner falls short in proper goal-setting, achieving objectives is going to be hit or miss and could certainly induce all sorts of unpleasant consequences - economic and regulatory.

Finally, bridge requires thought and hard work but can be tremendously rewarding. I learn new things all the time. The life of an investment decision-maker is challenging at best and exposes individuals to tremendous fiduciary liability at worst. Yet numerous professionals make pension stewardship their life's work because it is fulfilling, interesting and satisfying.