What Can You Do With Five Cows? Morality Tale for Financial Reform?

When I am not traveling for business, I drive the back roads from my house to our company office in Shelton, CT. For those who don't know, Shelton is south of New Haven and north of New York City. While true that either city is relatively close by, I live in a somewhat rural area. Our town boasts about 20,000 people with one McDonald's, a few gas stations, some sheep, lots of deer and five cows.  I know this because I pass by a corner house on what is, for local denizens, a main road.

Ordinarily, I just scoot by, anticipating my morning expresso. However, since warm weather began, I've noticed that a handful of friendly bovines are out and about each morning, chewing, mooing and looking generally happy. Since this house is not a farm, I've been pondering of late why someone would own five cows. Do they make for good pets? Can you sell milk on the side and, if so, is the money worth the fuss? What the heck do you do with a few furry friends who are bigger than a breadbox and seldom house trained?

One of these days, I ought to stop my car and politely ask the man or woman of the house why they collect cows. Until then, I've concluded that this may be the small town version of the theater of the absurd.

That brings me to the topic of financial reform. Oh boy, where does one start? Those who pushed for strong reform are disappointed. Critics think the impending bill goes too far. According to writer Alain Sherter in "Funny Business: Why the Financial Reform Bill Has Become a Joke" (BNET.com, June 30, 2010), taxpayers are left holding the bag in more ways than one. Let us count the ways: 

  • Regulatory consensus is needed to address systemic risk
  • Behemoth financial institutions are free from arduous capital reserve requirements
  • Credit rating agencies will be studied but not immediately reformed.

Worse yet, "its passage would create a false sense of security, a hollow complacency" while it "entrenches Wall Street's control over the financial system."

Only time will tell if this sweeping "reform," destined to become the nation's law, will thwart future meltdowns. I'd much prefer to see capital market participants taking steps towards a robust risk management culture (if not in place already) and then providing transparency to interested parties about their risk mitigation (not the same as minimization) policies and procedures.

Animals and supposed strict mandates may seem warm and inviting but might end up costing a lot, generating few benefits and urging rational thinkers to ask why.

P.S. A future post will address the issue of derivatives and financial reform.

Free Educational Webinar About Fee Assessment, Form 5500 Reporting Compliance and Fiduciary Liability

Please join ERISA attorney Linda Ursin and Ms. Jamie Greenleaf, Senior Partner with Cafaro Greenleaf on June 29 from Noon to 1:00 PM EST to learn more about assessing management fees for reasonableness, new Form 5500 rules and fiduciary liability for failure of oversight of service providers. To register, visit https://www2.gotomeeting.com/register/671138658.

BP, Fat Tails and Risk Management

Many thanks to Ms. Marlys Appleton, governance expert and financial professional. Her comments are provided below. Click to read the original blog post entitled "BP Investments - The Role of Ethics and Risk Management" (June 19, 2010). The governance storm clouds are dark indeed.

<< I believe what happened in this case is connected to internal governance issues at BP. One only has to look at their safety violation record relative to peers such as Exxon and Conoco over the last few years (as reported recently by Bloomberg News) to see that BP accepted hundreds of safety violations as a "cost of doing business". Institutional investors' failure to pay attention to safety violation records at BP reflects their lack of understanding of the need to price in poor governance. BP's safety record was known for years and now the market is forced to acknowledge and price such behavior, with devastating results.

I also think of the Massey coal mine disaster - another company whose safety record was well know. Both boards need a paradigm shift to acknowledge past failures, but for one, it may be too late. Some damages cannot be remedied by compensation alone. The fund is a good start and may reduce the need for litigation though there are likely to be lawsuits. I believe such a devastating social and environmental disaster such as this event should not be mediated through the courts, but that's another topic. Add upon this, the additional layer of inept government regulation, another example of 'poor governance' as a contributing factor.

It is my hope that institutional investors, boards and executive management embark upon a real understanding of what can happen when governance and ethical behavior break down. In the world of emerging risks, acknowledgement of "fat tail" catatrophic events needs to be stepped up with the implementation of a good Enterprise Risk Management ("ERM") process. This information must then be socialized with boards, management, and investors. >>

Pension Funding Relief Passed Into Law

Signed on June 25, 2010 by President Obama, the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act (H.R. 3692) allows plan sponsors to amortize funding gaps over a longer period of time than is currently allowed. In addition, this legislation enables funding relief for up to two years.

While the financial markets have not been kind to more than a few defined benefit plans, new rules are going to make it even more difficult for financial statement users to assess the true economic health of any given retirement arrangement. This is not a good thing. Beneficiaries and shareholders alike deserve user-friendly information, especially if a plan is in trouble. The new law will make things even more challenging in terms of deciphering reported numbers and that's saying something.

As I wrote in "The Plan That Didn't Bark" (CFA Magazine, March-April 2008), financial analysts and other interested parties must learn to think like detectives. The current state of pension accounting is far from perfect. Taking into account the likely impact of H.R. 3692, published funding information is going to be clear as mud.

Click here to access the full legislation. Clear to read "The Plan That Didn't Bark" by Dr. Susan Mangiero. (Editor's Note: Pension Governance, LLC is now part of Investment Governance, Inc.)

Free Webinar on June 21 to Look at BP Risk Issues for Investors

Click here to join us for a free webinar on June 21 from Noon to 1:00 PM EST. Sponsored by Cenario Capital, this educational event will include a case study about the BP spill in terms of investment implications and money manager due diligence.

Besides the immediate and delayed impact on sector and individual company risks, webinar speakers focus on the numerous signals that pensions, endowments, foundation and other institutional investors should be assessing on a regular basis - either directly or via their money managers. A discussion about how portfolio holdings can be vetted on an ongoing basis includes commentary about correlations, earnings forecasts, volatility, dividend yields, factor risk and valuation.

Join us for this timely convening with experts - Mr. Steve Van Beisen (Managing Director, Cenario Capital) and Dr. Petter Kolm (Director, Mathematics in Finance, NYU Courant Institute).

BP Investments - The Role of Ethics and Risk Management

The current situation with British Petroleum ("BP") raises a bevy of thorny questions, not the least of which is how pensions and other types of institutional investors should deal with the asset allocation fallout.

Let's start with the facts about institutional ownership of BP. According to Yahoo Finance and as excerpted in the table below, over 1,000 institutions owned stock in BP as of late March 2010. A relatively high dividend payout rate and dividend yield likely held great appeal for organizations seeking stability.

Things have changed materially, leaving large owners of BP stock to determine whether they should short, double up for a long-term play or exit altogether. Those that outsource their money management function rightly ask whether third party traders did enough to vet the issues associated with energy sector exposure. Additionally, one now deals with the question as to whether BP and similar types of stocks should be analyzed in the context of socially responsible investing. One organization - Fair Pensions - wants Shell and BP board members to beef up their disclosure about oil sands project risks. Lawsuits loom large too. According to "New York Pension Fund Considering Suit Against BP" by Jillian Mincer (Wall Street Journal, June 17, 2010), the New York State Common Retirement Fund owns 17.5 million shares indirectly, via its index fund allocation.

At the same time, anything that further erodes the price of BP shares could put parent company employees, gas station owners and related vendors out of work.

The oil spill in the Gulf is an environmental tragedy of major proportions. It may soon become a further financial debacle as well.

Cows, Elephants and Pensions

In addition to a few days of productive meetings in London, I had the pleasure of seeing brightly colored elephant statues throughout the greater environs of the city. Apparently, these "for sale" collectibles are meant to draw attention to the plight of the Asian elephant. Click here to view some of the 250+ pachyderms on display through the end of June 2010. Several years ago, 3D bovines of all stripes and sizes were all the rage, appearing in New York, Tokyo, London and many other cities throughout the world. Grabbing the attention of tourists and neighbors alike, the Cow Parade was able to auction off the cows to benefit local charities.

After reading the scary projections in "Funded Status Takes a Beating" (Pension Thema, Deutsche Bank, June 2010), I wonder if we need some version of Piggybanks on Parade to accelerate the long overdue focus on financial pain in the boardroom. Authors John Haugh and Ken Akoundi project an "aggregate S&P 500 pension deficit of $325 billion" by mid year 2010 and an "aggregate funded status of 78%." Notwithstanding the economics associated with each benefit scheme and absent a pro-active risk management approach to stem further damage, funding problems can easily spell trouble for shareholders too. Topping off plans as mandated by law requires cash that could otherwise be diverted to positive net present value projects.

Who wants a porcine statue in their living room as a visible reminder that pensionland has issues that impact us all? Raise your hand.

401(k) Plans, Mutual Funds and Derivatives - Hello SEC

Given that mutual funds are a popular 401(k) plan choice, it's not surprising that further regulatory scrutiny of the use of derivatives by traders is underway.

"SEC Staff Evaluating the Use of Derivatives by Funds" (U.S. Securities and Exchange Commission Release 2010-45, March 25, 2010) talks about a new initiative to review the current practices by pools of capital regulated under the auspices of the Investment Company Act of 1940. Scrutiny will focus on items such as:

  • Leverage, concentration and diversification
  • Existing risk management policies and procedures
  • Oversight of use of derivatives by fund board of directors
  • Rules for proper pricing
  • Prospectus disclosures.

Click here for more information.

Old Age Can Be a Bonus With a Price Tag

Enjoy this interview about longevity and pension risk management with Dr. David Blake, Director of the Pensions Institute. Professor Blake explains why understanding life expectancy trends across age, gender and socioeconomic groupings is so critical. He comments on new valuation rules that relate to financial statement transparency and share prices of plan sponsors. He differentiates between pension buy outs from pension buy ins and offers reasons why longevity swaps can be beneficial.

Click here to read "Longevity and Pension Risk Management," an interview with Professor David Blake, May 2010.

For other articles about longevity and pension risk management, visit http://portal.fiduciaryx.com/register/ for a complimentary subscription to best practices website, FiduciaryX.com.

Risk Management Deja Vu

A reporter recently pointed out that my 2005 article entitled "Pension Risk Management: The Importance of Oversight" was prescient for its focus on what is now the rage among defined benefit and defined contribution plan sponsors around the world. I'm humbled by his compliment but thought perhaps that others who had not read the article when it was published might enjoy reading it now. I describe the "Five C" Approach to Risk Management to include:

  • Commitment by senior management to embrace a risk culture throughout the organization
  • Comprehension in the form of enterprise-wide education to include back office, middle office and trading personnel
  • Controls that mitigate the adverse effects of rogue trading, avoid conflicts of interest and stem losses before they get too big
  • Computers to mean that risk identification, measurement and monitoring is nearly impossible without technology support
  • Communication with plan participants, shareholders and taxpayers alike that focuses on policies and procedures, compensation structure and the link between corporate and pension governance.

Click here to read "Pension Risk Management: The Importance of Oversight" by Dr. Susan Mangiero, CFA, FRM.

Editor's Note: Dr. Mangiero is currently founder and CEO of Investment Governance, Inc.