Stable Value Fund Suit Sent Back for Amended Complaint
A federal judge has asked for an amended complaint showing that a stable value fund provider set interest crediting rates below actual rates of return in order to make a profit.
In a lawsuit similar to one filed against MassMutual
earlier this year, a federal judge has asked for an amended complaint
showing that a stable value fund provider set interest crediting rates
below actual rates of return in order to make a profit.
In a lawsuit filed last December,
John W. Wittman claimed that New York Life Insurance Company has the
sole and exclusive discretion to determine the crediting rate for stable
value funds offered through retirement plans and sets the crediting
rate well below its internal rate of return (IRR) on the invested
capital it holds through the funds. By doing so, Wittman alleged, New
York Life guarantees a substantial profit for itself. He also claimed
New York Life does not disclose to its retirement plan clients and their
respective participants the difference between its IRR and the
crediting rate, so it collects tens of millions of dollars annually in
undisclosed compensation.
However, U.S. District Judge Alvin K.
Hellerstein of the U.S. District Court for the Southern District of New
York noted that New York Life had complied with the court’s instruction
to provide Wittman with a full documentation showing that his “spread”
theory was unfounded, and Wittman conceded that the documentation showed
there was no spread between the IRR and the interest crediting rate New
York Life set for the stable value funds.
“Clearly, without an amendment, the complaint is insufficient and must be dismissed,” Hellerstein wrote in a court order.
He ordered that Wittman show by December 9 that he can state a
plausible claim for relief and identify documents confirming his claim.
New York Life should file its opposition by December 23, and Wittman
should file his reply by January 5, 2017.
“However, in response to the judge’s order, the plaintiff agreed to voluntarily dismiss the suit,” a New York Life spokesperson tells PLANADVISER.
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Institutional investors worldwide are expecting to make many asset allocation changes in the next one to two years,
according to the new Fidelity Global Institutional Investor Survey.
Globally, 72% of institutional investors say they will
increase their allocation of illiquid alternatives in 2017 and 2018, with
significant numbers planning to do the same with domestic fixed income (64%),
cash (55%), and liquid alternatives (42%).
Zooming in on the U.S., there appears to be some uncertainty
among institutional investors with regards to equity markets. For example,
compared to 2012, the percentage of U.S. institutional investors expecting to
move away from domestic equity has fallen significantly from 51% to 28%, while
the number of respondents who expect to increase their allocation to the same
asset class has only risen from 8% to 11%.
“With 2017 just around the corner, the asset allocation
outlook for global institutional investors appears to be driven largely by the
local economic realities and political uncertainties in which they’re
operating,” suggests Scott Couto, president, Fidelity Institutional Asset
Management. “The U.S. is likely to see its first rate hike in 12 months, which
helps to explain why many in the country are hitting the pause button when it
comes to changing their asset allocation.”
Couto says institutions are “increasingly managing their
portfolios in a more dynamic manner,” which means they are making more
investment decisions today than they have in the past. In addition, the
expectations of lower return and higher market volatility are driving more
institutions into less commonly used assets, such as illiquid investments.
“For these reasons, organizations may find value in
reexamining their investment decisionmaking process as there may be
opportunities to bring more structure and accommodate the increased number of
decisions, freeing up time for other areas of portfolio management and
governance,” he says.
NEXT: Low return
challenges
Overall, Fidelity finds the top concerns for institutional
investors are the low-return environment and market volatility—even more now
than in recent years. In 2010, just 25% of survey respondents cited a
low-return environment as a concern and 22% cited market volatility.
“As the geopolitical and market environments evolve,
institutional investors are increasingly expressing concern about how market
returns and volatility will impact their portfolios,” adds Derek Young, vice
chairman of Fidelity Institutional Asset Management and president of Fidelity
Global Asset Allocation. “Expectations that strengthening economies would build
enough momentum to support higher interest rates and diminished volatility have
not borne out, particularly in emerging Asia and Europe.”
Despite their concerns, nearly all institutional investors
surveyed believe that they can “still generate alpha over their benchmarks to
meet their growth objectives.” The majority (56%) of survey respondents say
growth, including capital and funded status growth, remain their primary investment
objective, similar to 52% in 2014, according to Fidelity.
On average, institutional investors are targeting to achieve approximately a 6% required return. On top of that, they are confident in
generating 2% alpha every year, with roughly half of their excess return over
the next three years coming from shorter-term decisions such as individual
manager outperformance and tactical asset allocation.
“Despite uncertainty in a number of markets around the
world, institutional investors remain confident in their ability to generate
investment returns, with a majority believing they enjoy a competitive
advantage because of confidence in their staff or access to better managers,” Young
explains. “More importantly, these institutional investors understand that
taking on more risk, including moving away from public markets, is just one of
many ways that can help them achieve their return objectives. In taking this
approach, we expect many institutions will benefit in evaluating not only what
investments are made, but also how the investment decisions are implemented.”
NEXT: Behaviors to
address
The vast majority of survey respondents say board member
emotions, board dynamics, and press coverage “have at least some impact on
asset allocation decisions,” with around one-third reporting that these factors
have a significant impact.
“A large number of institutional investors have to grapple
with behavioral biases when helping their institutions make investment
decisions,” the Fidelity study concludes. “Around the world, institutional
investors report that they consider a number of qualitative factors when they
make investment recommendations.”
“Whether it’s qualitative or quantitative factors,
institutional investors today face an information overload,” Couto says. “To
keep up with the overwhelming amount of data, institutional investors should
consider revisiting and evolving their investment process.”
Top institutional investors often assess quantitative
factors such as performance when making investment recommendations, while also
managing external dynamics such as the board, peers and industry news as their
institutions move toward their decisions.
“A more disciplined investment process may help them achieve
more efficient, effective and repeatable portfolio outcomes, particularly in a
low-return environment characterized by more expected asset allocation changes
and a greater global interest in alternative asset classes,” Couto concludes.