FRANKLIN D. ROOSEVELT DO? - WHAT WOULD CLIMATE CHANGE INVESTING
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Autumn 2007 S t a t e Ass o c i a t i o n o f C o u n t y R e t i r e m e n t S y s t e m s | w w w . s a c r s . o r g WHAT WOULD FRANKLIN D. ROOSEVELT DO? CLIMATE CHANGE INVESTING HISTORY OF PUBLIC SECTORS
sAcrs autumn 2007 3 3 President’s message 5 messages 7 Legislative update: SacRS–Sponsored Legislation featured guest: 9 climate change investing 7 14 meet your fellow SacRS members 16 History of Public Sectors 18 updates and announcements 8 stAtE AssocIAtIon oF countY rEtIrEmEnt sYstEms alameda · contra costa · fresno · imperial · Kern · Los angeles marin · mendocino · merced · orange · Sacramento San Bernardino · San Diego · San Joaquin · San mateo 14 Santa Barbara · Sonoma · Stanislaus · tulare · ventura strAtEgIc LocAL sAcrs EXEcutIVE BoArD commIttEE cHAIrs goVErnmEnt sErVIcEs Shawn terris, President clifton Wedington, Program Committee 1415 L Street, Suite 200 clifton Wedington, Vice–President Richard Stensrud, Legislative Committee Sacramento, ca 95814 vicki crow, Treasurer Kathy foster, Vice Chair, Education Committee t 916.441.1850 | f 916.441.6178 www.slgs.org Richard White, Secretary Rick Roberts, Affiliate Committee casey Jones, Immediate Past President casey Jones, Nominating Committee gregg Radamacher, Bylaws Committee Donald Kendig, Audit Committee 2 s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g
President’s Message What Would Franklin D. Roosevelt Do? Sha w n Te r r i s , S A CRS p r e s ide n t D uring the Great Depression Clearly, President Roosevelt had a vision which ran from 1929-1941 and a solution. But he also had the leader- when the nation’s economic life ship and commitment to make his vision be- was in crisis, President Frank- come reality. That was, as they say, “history lin D. Roosevelt created Social Security as in the making.” part of the “New Deal”. The New Deal was the title President Roosevelt gave to a series You Are History in the Making of programs he initiated between 1933 and Yes, you! Everybody in SACRS is history in 1938 with the goal of providing relief, recov- the making. For those of you who are new in ery, and reform to the people and economy of the public pension business, these are not or- the United States. dinary times. They are quite extraordinary. So take a few minutes to look 20 years down the The Social Security Act was drafted by Presi- road to the year 2027, and then look back in dent Roosevelt’s bi-partisan Committee on the rear view mirror. What do you see? What Economic Security. The Committee was created legacy will you have left behind? Will it be the in June 1934; they made recommendations to same or different than President Roosevelt’s? Congress seven months later in January 1935; and, the Social Security Act was signed into SACRS the Past 52 Years... law seven months after that in August 1935. During its first 52 years, from 1954-2006, That was a grand total of only fourteen months! SACRS was faced with a total of seven major While Social Security was created to ensure eco- issues (averaging about one major issue every nomic security for all Americans, it was contro- seven years): versial when originally proposed. However, the program has become one of the most successful 1977 Retirement Boards’ membership ex- government programs in U.S. history. panded from 5 to 9 (GC 31520.1) S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g 3
President’s Message 1984 Investment options expanded beyond fixed income (GC Orange County’s Retroactive Lawsuit. The Orange County Board 31594) of Supervisors has hired counsel with the intent to legally chal- 1992 Prop 162 (California Constitution; plenary and fidu- lenge the constitutionality of granting increased, retroactive ciary responsibilities) benefits at the plan sponsor’s expense (as opposed to employees’ 1999-02 Ventura Lawsuit (Compensation Earnable) expense). The outcome could affect all public retirement sys- 2000-02 Three consecutive years of market losses (only 3rd time in tems in California who administered retroactive benefits paid US history) for by the plan sponsor, including CalPERS and CalSTRS. 2005 Richman Initiative I (Eliminate DB plans) 2006 GASB 43 and 45 (Retiree Health Care Liabilities) UC Berkeley/SACRS Pension Investment Course. SACRS col- laborated with world renowned UC Berkeley’s Haas School of …vs SACRS’ Issues in 2007 Business and created a world-class public pension investment But, in the year 2007 alone, SACRS is facing seven major issues: management course. It debuted in July 2007 and a total of 60 professionals from around the country attended, including Trust- Governor’s Commission. Governor Schwarzenegger created the bi- ees, Staff and Affiliates. The course will be held annually around partisan Commission on Public Employee’s Post-Employment the June/July timeframe at UC Berkeley. This was SACRS Vice Benefits in January 2007 (www.pebc.ca.gov). This Commission is President Wedington’s brainchild – from conception to gradua- tasked with (a) Identifying the full amount of post-employment tion. Move over University of Pennsylvania’s Wharton School… health care and dental benefits for which California governments you no longer have a monopoly! are liable and which remain unfunded, and (b) Making recom- mendations to the Governor by January 1, 2008 that addresses AB 246—Trustees who are Investment Managers. The Governor unfunded pensions and retiree health care obligations. signed this punitive bill, which prevents 1937 Act Retirement Board Trustees from selling or providing any investment prod- Richman Initiative II. Former Assemblymember Richman is circu- uct, directly or indirectly, to any of the twenty 1937 Act systems. lating a petition around the state which would mandate a substan- It becomes effective on January 1, 2008. This means that some of tial reduction in the Defined Benefit retirement plans for newly our systems’ boards might lose valuable and free investment ex- hired public servants. It would result in a reduction anywhere from pertise. This law does not apply to CalPERS, CalSTRS, UCRP 30-60% of current employees’ benefits. If it qualifies, it could be on nor any other public pension board trustees in California. either California’s June or November 2008 voter ballot. So, What Legacy Are You Going to Leave Behind? SACRS Economic Impact Report (EIR). This report, released in These are defining moments in the 100+ year history of public October 2007, determined that SACRS systems’ pensions have a pensions, not only in California, but across the United States. $5 billion impact on California’s economy, supports about 35,000 What do you think President Franklin D. Roosevelt would do if jobs throughout the state, and generates $350 million in new he were alive? revenue for state and local governments. Each $1 invested by employers yields a return of about $6 to California’s economy, As a responsible fiduciary, I hope after being matched by employee contributions and investment you are sharing your expertise returns. EIR reports were also generated for each of the 20 coun- and ideas with policy makers, ty retirement systems’ and the impact they have on their own the taxpayers and your constitu- county’s economy. ents. If you are new to this pro- fession, I encourage you to ask SACRS Historical Data. SACRS is trying to collect pension data questions and get the facts so from 1990–2006 from the 20 systems. This data would complete you can become a resourceful the summary section of the Economic Impact Report (EIR) for expert. Or, you can decide each of those 20 systems and SACRS in totality. It would also to not partake in making arm our membership with facts critical to effectively respond to history and just sit on the public criticisms of public pension plans. sidelines. It’s up to you. 4 S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g
messageS Past President’s Message Ca s ey J o n e s , Ma r i n C o u n t y SACRS has always looked for excellence Now you’re probably saying—Well it ’s in leadership. At the November Confer- good for Casey to say these things, but I ence in Palm Springs, we will be having a work hard, very tired at the end of the day, session on discovering the future leadership and my boss won’t give me the time off to of this organization. serve this organization. I have always felt that giving back to the Just remember what that great President Wil- community through service is one of the liam Jefferson Clinton said, “Ask not what most fulfilling things one can do. Oh, I your country can do for you, ask what you know, it’s easier to sit back, criticize the pro- can do for your country.” And please remem- gram, the Executive Board, the venue, your ber that this Organization is only as good as room, the drive or the flight. Well, here is the people who serve it, it’s your choice. your chance to turn it all around. Maybe this experience could turn your whole life See you Tuesday afternoon at the Leader- around. No more wife or husband yelling ship Session. at you, no more kids not obeying your every Milbrey M. Jones word, I mean respect. Yes, this could be the start of a major life epiphany just by serving on the SACRS Board. Past President and a SACRS faithful BEST WISHES ON YOUR RETIREMENT, DOROTHY! SACRS congratulates Dorothy Sloter, RESDC President, on her retirement. Mrs. Sloter has served as RESDC for 12 years and has been a valued member of SACRS. "As I look back over the years during which I worked for San Diego County, I can reflect on things that we accomplished during those years of public service, and each of you were very important, whether you were in top management or clerical workers. Until we meet again, D OROT H H Y S L OT E R my best regards to you all, each and every one of you." P R E S I D E NT, —Dorothy Sloter R E T I R E D E M P LOY E E S O F S A N D I E GO COUNT Y S A CRS NON P RO F I T M E M B E R Please read more about her in the December issue of the RESDC newsletter. S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g 5
messageS from the editor S u le m a H . P e t e r s o n , S A CRS A d m i n i s t r a t o r SACRS Fall Conference 2007 is just around American Red Cross Blood Source the corner. The SACRS Program commit- www.redcross.org http://www.bloodsource.org tee has done a fabulous job in preparing • Red Cross workers are distributing water • Blood Source has been asked to “back- for your arrival in Indian Wells. We are ex- and food to firefighters and emergency fill” the blood supply of the Los An- tremely honored to be hosting Lance Arm- workers in the affected areas. The Red geles area American Red Cross Blood strong as our Keynote Speaker to kick off Cross continues to work with its part- Services and Blood Bank of the San the Conference on Wednesday morning! ners and local authorities to respond to Bernardino and Riverside Counties the needs of those affected by the fires. (BBSBRC) because regular donors are I should be highlighting our Keynote dealing with fire related issues. Speaker & emphasizing the educational • Your contribution means that they can sessions planned for the 4 days of SACRS. continue to provide vital services during • Many ARC Blood Services and BB- However, I just cant get there…My mind these times of need. SBRC personnel in Southern Cali- is on our Southern California friends that fornia have been evacuated from their are being affected by the firestorm raging California Volunteer’s homes and are unable to report to work, thru six (6) SACRS counties; San Diego, http://www.californiavolunteers. therefore requiring the closure of some San Bernardino, Orange County, Los An- org/disaster_prep.asp ARC and BBSBRC donor centers and geles, Santa Barbara and Ventura. • Donations: If your business would like cancellation of some blood drives. to make a donation to help the victims Blistering fires are burning homes and of the Southern California fires please • Call to schedule an appointment communities without discretion placing call: 1-800-750-2858. if possible, 1-866-82-BLOOD many of our own volunteers in harms way. (1-866-822-5663). The fires forced an estimated 320,000 peo- • Volunteer Opportunities: Be sure to find ple to evacuate their homes as firefighters out where and when you will be needed, The SACRS community will continue to struggled to keep pace with shifting winds how to dress appropriately and what keep our Southern California SACRS Staff, and fast moving flames. According to me- supplies you will need to bring. This may Trustees & Affiliate Members and their dia reports (at the time of print), at least include food, water and personal protec- Families in our thoughts and prayers… 16 wildfires have collectively scorched more tive equipment. Keep in mind that dur- than 425 square miles of scrubland and res- ing a disaster first responders and disas- Be Safe, Sulema idential property. Low humidity and high ter relief organizations may be working temperatures are expected to increase the at capacity and an unexpected arrival of damage caused by the destructive fires. hundreds of volunteers may negatively impact their relief and recovery efforts. Here’s how you can make a difference:
LEgIsLAtIVE uPDate sAcrs LegiSLative RePoRt faLL QuaRteR 2007 sAcrs-sPonsorED LEgIsLAtIon Two of the three bills sponsored by SACRS in 2007 were signed into law by Governor Arnold Schwarzenegger: AB 1124/cHAPtEr 327, stAtutEs oF 2007 (KArnEttE – D-Long BEAcH) oPEB cLEAn-uP—Assembly Member Betty Karnette authored the SACRS OPEB legislation last year, AB 2863. This bill contains clean-up items identified by counties as the embarked on implementation AB 2863. In addition, J I m L I t E s , s c H o t t & L I t E s language was added to provide retirement systems with administrative spending s A c r s L E g I s L At I V E A D V o c At E cap relief for technology products and language specific to San Mateo County authorizing the alternate retirement board members to participate in closed sessions of the board. AB 1288/cHAPtEr 331, stAtutEs oF 2007 (HAYAsHI – D-HAYwArD) VIsIon cArE ProgrAm—AB 1288, authorizes SACRS Counties to offer a Vision Care Program to retirees. The bill also authorized payroll deductions for premium payments. Vision Care Program premiums will be paid by retirees who elect to enroll. SACRS is currently seeking a third party administrator to manage the program for those counties who choose to participate. s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g 7
LEgIsLAtIVE uPDate AB 1626 (gALgIAnI – D-mErcED) FEDErAL PEnsIon 2008 LEgIsLAtIVE ProPosALs ProtEctIon Act—AB 1626, SACRS third sponsored bill of 2007, contains language that provides a safe harbor for This fall, the SACRS Legislative Committee considered fifteen counties to implement the federal Pension Protection Act until legislative proposals for the 2008 session. Among the proposals further direction from the IRS is provided related to eligible being recommended for introduction by the Committee safety classifications for the new federal tax deduction and include a bill to establish reciprocity between the 1937 Act normal retirement age. At the suggestion of outside tax counsel Systems and the University of California Retirement System; for several 1937 Act systems, SACRS has held AB 1626 for a clarification of distributions for the Los Angeles and Santa 2007, in favor of joining with safety groups to seek regulatory Barbara non-contributory plans in the event of an in-service or statutory clarifications at the federal level. This bill will be death or termination; and a broad technical clean-up measure. available to SACRS in the 2008 legislative session for use for All proposals will be considered by the full body of SACRS in other proposals. November and those approved will be pursued in 2008. BILLs ImPActIng 1937 Act countIEs PuBLIc EmPLoYEE Post-EmPLoYmEnt BEnEFIt commIssIon uPDAtE AB 246/cHAPtEr 315, stAtutEs oF 2007 (torrIco – D FrEmont) 1937 Act trustEE The PEBC or OPEB Commission is entering its final stages of mArKEtIng ProHIBItIon. activity. The Commission continues to have an active meeting This measure was signed into law and contains language schedule as they prepare to generate recommendations for their prohibiting a 1937 Act Trustee who is a financial services final report due on December 31. Three broad concepts to frame professional from marketing his or her company’s products the final recommendations have been outlined that tie back to and services to the other 19 systems. SACRS was opposed the Executive Order that created the Commission: unless amended and suggested a series of additional disclosures, fiduciary training and fundraising limitations on trustees. These Competitive, affordable benefits packages serve the public suggested amendments were not accepted and SACRS submitted well by enabling recruitment and retention of qualified a letter requesting it be vetoed. public employees. AB 753/cHAPtEr 320, stAtutEs oF 2007 The costs of benefits should be fully identified and the (HErnAnDEZ – D wEst coVInA)—comPEnsAtIon benefit funding process should be clear, easily understood For DIsABILItY cAsEs. and actuarially sound. This bill was signed into law and was sponsored by LACERA. It allows the Los Angeles County Board of Supervisors to provide The benefit adoption, modification and financing process compensation to board of retirement members for reviewing should be open, transparent and defensible in order to build disability retirement cases. The bill also allows the alternate public awareness, trust and support. safety member to sit and vote on the retirement board if the retired member and alternate retired member are absent from a ‘37 Act county board of retirement meeting – this element of the bill was added at the request of the Firefighters.
FEAturED gueSt cLImAtE cHAngE inveSting Jo Hn c. mAXw E L L , I I I mAnAgIng DIrE cto r PA r K E r g Lo B A L s t r At E g I E s , L L c EXEcutIVE summArY We live in a resource-constrained world. Climate change reduces our natural resources; but, fortunately, it also creates investment opportunities. These range from cleantech to master limited partnerships (MLPs) of energy infrastructure. Mr. Maxwell is Chairman of the tHE PErFEct storm Portfolio Committee and sits on A “perfect storm” is developing for investments in infrastructure, clean technology and the Investment Committee. He renewable energy. These are among the most promising growth opportunities of the studied at Wesleyan University 21st century. The new energy market includes the traditional energy markets with the and Harvard, has served on several boards of Fortune 500 addition of alternative energy, water and advanced materials. 2006 marked a “tipping technology firms, appeared on point” in global awareness of climate change, natural resource supply/demand imbal- CNN and MSNBC and has been ance and associated security risks. Global awareness translated into action at the local widely quoted by the Wall Street level. Governments have imposed stricter regulations on traditional fossil fuels and cre- Journal, Forbes, Fortune and ated more favorable legislative action, including tax incentives, for alternative sources Business Week. of energy. These structural changes are a reaction to the realization that we live in s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g 9
Featured Guest a world of constrained natural resources Sustainability the energy markets in reaching the goal threatened by a changing climate. Inves- The New Energy Market is being created of reducing greenhouse gas emissions. tors may react with a portfolio of energy by multiple and disruptive forces. Un- These emissions cannot be reduced suf- and environmentally-related issues, or E2 like previous markets driven by enabling ficiently through advances in fossil fuels, as pictured below. technologies like the internet, structural nuclear, renewable or energy intensity changes within global energy and natural alone. These factors suggest that this Multi-national corporations, public and resources are being supported by forces is not a boom-bust story, but rather an private companies, investment banks and which will take decades to play out. Leg- extended investment cycle characterized venture capitalists all understand the im- islative action, globalization, and new de- by multiple opportunities. portance of climate change as it relates velopments in the capital markets drive to capital markets. Climate change will this trend and give it legs. Viable, cost- Globalization materially affect the access to capital competitive, clean and green alternative Rapid economic expansion is heighten- as greater disclosure of climate change power sources sustain this revolution. ing the need for greater global access to risks is required. Environmental costs energy markets. Developing countries like and monetary supports are also chang- The energy markets are now the net China and India have strained supplies ing the economics of the energy industry. beneficiaries of new technologies as in- not only of oil, but also of other scarce re- New technologies are creating alterna- novations have emerged from various sources including water, copper, coal, zinc tive solutions that will compete with and areas such as the nano-technology and and other minerals. The staggering de- eventually surpass traditional energy pric- bio-technology markets. Established mand for commodities has created scarci- ing. Investments in energy infrastructure, companies are even beginning to re-pur- ty and increased prices. While the surge in cleantech and alternative energy between pose older technologies for use in new commodity prices has tempered demand 2006 and 2012 are crucial to filling the markets such as energy-efficient materi- somewhat in the near term, pressure on supply gap, and will determine the future als or the power grid. These disruptive natural resources is projected to remain a of global energy use. technologies have the promise of aiding long term issue for the foreseeable future. WATER Alt Energy Purification, quality and process/use Wind, Solar, Bio-Fuels, improvements Bio-mass, Clean Tech ENERGY MATERIALS Waste reduction, Energy generation and sustainable processes, distribution, process and improved efficiencies, product efficiencies, energy advanced materials and services nano-technology 10 S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g
Globalization US, China, India, Policy Brazil, Russia, EU... Clean Air / Water Acts, Kyoto, Energy Policy Act, Renewable Portfolio Standards… Convergence Clean & in the US alone, meeting the MLP’s are emerging as a distinct asset Green necessary demand requires class, akin to the emergence in the 1990s Coal, gas, building over 450 power of real estate investment trusts (REITs). nuclear, geothermal, plants at a cost of $430 bil- This is evident in the growth exhibited by Capital Markets biomass, lion by 2025. MLP’s over the past ten years in terms of Environmental T&D, wind, Commodities, VC, solar… number, size and liquidity. In 1994, there Private Equity, Project The lack of production and were just seven energy MLP’s with an ag- Finance… processing facilities for gregate market capitalization of approxi- crude oil has become a ma- mately $2.1 billion. Currently, there are Whether in oil production or in mining, a jor supply constraint. Oil demand is pro- 60 energy MLP’s with a total aggregate dearth of capital expenditure on infrastruc- jected to outstrip supply at some point market cap of about $125 billion. Returns ture during the 1980’s and 1990’s has left between 2010 and 2015. Without debat- are driven by a combination of earnings existing plants, production facilities and ing “peak oil” theory, the exploration for growth (6-8%) and yield (which currently mines rundown and insufficiently posi- oil has dropped consistently since the averages 5.50%). tioned to support growing demand. As the peak reached in the 1960’s. world continues to shrink, and countries Water have become increasingly interdependent, Master Limited Partnerships (MLP’s) are Water is the world’s third largest indus- pressures to maintain access to requisite an interesting way to play the growth in try. Water is a $365 billion global mar- resources have greatly increased economic US capital expenditures on infrastructure ket which is exceeded only by oil and and political risk. for oil, gas, propane and exploration. An electricity. By 2025 there will be an ad- MLP is a publicly traded partnership that ditional 3 billion people on the planet Infrastructure— has the liquidity of a publicly traded com- who will require 20% more water than Aging and New pany. Ninety percent of its income must is currently available. North America has The International Energy Agency esti- derive from the transportation, storage or 8% of the population with 15% of water mates that worldwide energy supply in- processing of natural resources (or their supply; China, on the other hand, has frastructure investment between 2005 and by-products) such as crude oil, fertilizer, 21% of the population with only 7% of 2030 will be at a staggering $20 trillion. minerals, paper, coal, or natural gas. the water supply. For the developed countries, investment is required to upgrade our aging and di- lapidated power plants and water infra- structure. The investment challenge for developing countries is to build basic in- frastructure that will provide broad access to electricity, clean water and other neces- sities. In North America, capital invest- ment needs are projected at $3 trillion and, S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g 11
Featured Guest Water is the next scarce resource and will products and services that 1) optimize the solar companies in 2006 surged to multi- be the “blue gold” of the 21st century. In use of natural resources, while 2) reducing billion market capitalizations. The un- the US alone, water investment needs are ecological impact and 3) adding economic precedented surge in merger and acquisi- estimated at over $600 billion to repair and value by significantly lowering costs and tion activity in the utility industry drove upgrade aging infrastructure. That figure improving profitability. There are two the US M&A indices up 25% and similar includes $250 billion for drinking water types of cleantech: those that seek lower European indices up 51%. and $350 billion for waste water upgrades. carbon emission (i.e. wind, solar) and those that seek to replace and improve Four markets make up clean energy: so- Meanwhile, developing countries in Asia, energy efficiency, recovery and cleanliness lar, wind, biofuels, and fuel cells. In 2006 Africa and Latin America lack adequate (grid management, water treatment, gas- these markets accounted for $55 billion in access to clean water and need to build ification). The cleantech sector is a far cry annual revenues which was a 39% year- their infrastructure from scratch. China from the environmental technology of the over-year increase. In less than 10 years, alone needs to build water infrastructure 1970s-1980s; it is more like biotech as an annual revenues are projected to surge to on such a scale as to require a capital ex- investment theme, although emerging at $266 billion. penditure growth rate of 20% for the next twice the pace. 5 years. Financial markets, led by private equi- There are no silver bullets in a natural- ty, venture capital and hedge funds, are Policy makers worldwide are pursuing resource constrained world. There is no pushing the development of alternative clean air and water acts, including the magic that will fill the gap between the technologies. They deploy capital for the Kyoto Protocol and Energy Policy Act. demand for energy coming from devel- outpouring of research and development. In the US the “Pelosi Bill” will take some oped and emerging markets and supply Venture capital investment in US energy of the $14 billion energy incentives away constraints of the traditional energy com- technology start-ups increased from $917 from traditional energy to create incen- plex. It will take a portfolio of solutions million in 2005 to over $2.4 billion in tives for new energy industries and clean- in order to meet these energy demands 2006 and represented 9.4% of total ven- tech companies. The goal will be to pursue and those of industrializing countries like ture capital investments. There is already and implement cleaner energy solutions. China and India while simultaneously re- a great deal of consolidation across the Heightened consumer awareness, togeth- ducing C02 emissions. many industry segments because there er with more stringent industry codes and is a growing need for scale, global access regulatory requirements, increased the Capital Markets and synergy within the energy sectors. demand for clean technologies and more To see the interest in these new oppor- efficient conservation. We are pursuing tunities, investors need only look at the One misconception about alternative multiple goals of cleaner energy and air, growth in venture capital pouring into energy companies is that they are sim- purer water and healthier food. multi-billion dollar infrastructure funds ply a derivative of the high price of oil. such as Carlyle Group and Goldman While there are some companies that are Alternative Energy Sachs. Total capital raised for investment correlated with the price of oil; many are and Cleantech in infrastructure and alternative energy also tied to the technology, natural gas, Cleantech embraces knowledge-based now exceeds $100 billion. Valuations of or metals markets. Indeed, like most in- 12 S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g
dustries, the fate of alternative energy is Summary the markets. 4) Investors wishing to play tied to such global economic factors such From all of this follows that five clear in- this market need to allocate capital to as GDP growth, interest rates and com- vestment trends relating to climate change both public and private investment strat- modity prices. have emerged. 1) The global restructuring egies. Many compelling companies will of the energy complex will take years to not go public; some will be acquired by In fact, January 2007 was the first month accomplish. Unlike the dot.com era, there large multi-nationals while other smaller where alternative energy companies sig- are sustainability factors within the sec- companies will combine to gain scale. 5) nificantly decoupled from oil prices – tor including $20 trillion of infrastruc- Mergers and acquisitions will play an im- crude fell 7% while the Powershares Wil- ture spending. 2) Technology will be a portant role in driving opportunities. derhill Clean Energy Index was up 2% key driver. 3) Thematic investing will give during the month. way to more informed investing whereby Climate change offers a sustainable markets and companies will be differenti- investment theme with a broad range of Connected to the misconception about ated by valuation. Volatility will then enter opportunities. alternative energy’s correlation with oil is the question about the longevity of invest- Disclaimer ment opportunities in alternative energy. This material is based on data obtained from sources we deem to be reliable; it is not guaranteed Even without expounding on the “peak- as to accuracy and does not purport to be complete. This information is not intended to be used as the primary basis of investment decisions. Because of individual client requirements, it should not oil” theory, it is certain that there is a finite be construed as advice designed to meet the particular investment needs of any investor. It is not a amount of oil, natural gas and coal offset representation by us or an offer, or the solicitation of an offer, to buy or sell any security. by viable and cost-competitive sources of alternative energy. Copyright 2007, Parker Global Strategies. Additional information is available upon request. www.parkerglobal.com • info@parkerglobal.com S A CRS M A G A Z I N E AUTUMN 2 0 0 7 | w w w . s a c r s . o r g 13
mEEt Your FELLow SacRS memBeRS stAFF, trustEEs & AFFILIAtEs...our succEss AsHLEY K. Dunning P A r t n E r , s t E E F E L , L E V I t t & w E I s s c o - c H A I r , L I t I g At I o n g r o u P M s. Dunning is a civil litigator and resented the Alameda County Employees’ Retirement fiduciary advisor, with substantial Association, California Public Employees’ Retirement expertise representing pension fund System, California State Teachers’ Retirement System, trustees, public and private entities, Los Angeles City Employees’ Retirement System, Los and nonprofit organizations in resolving complex dis- Angeles County Employees’ Retirement Association putes and advising on issues involving fiduciary ob- and San Bernardino County Employees’ Retirement ligations, the California Constitution, Article XVI, Association as amicus curiae in the state criminal con- Section 17, the County Employees' Retirement Law flict of interest case against several former trustees of of 1937, the Political Reform Act, California’s conflict the San Diego City Employees’ Retirement System. of interest laws, the Brown Act, the Public Records Act, and the Prudent Investor Act. She appears regu- Ms. Dunning has presented to the General Assem- larly before boards of trustees and in court proceed- bly of the National Association of Public Pension ings throughout California on these issues. Attorneys (NAPPA), the General Assembly of the California Association of Public Retirement Systems Ms. Dunning is presently serving as general, litiga- (CALAPRS), the CALAPRS Trustees and Attorneys tion, fiduciary, coverage and investment counsel for Roundtables and the State Association of County Re- numerous public retirement systems in California. tirement Systems (SACRS) on various issues regard- ing public pension law. She also has published sev- Some of Ms. Dunning's more well-known pension eral articles in the Pension Journal regarding public fund cases include prosecuting the Orange County pension-related issues, including most recently, “Hon- Employees’ Retirement System’s successful resolution est Services Fraud: What’s the Issue for Retirement of the statewide litigation arising out of the applica- Board Members?”, “Illinois Sudan Divestment Statute tion of the California Supreme Court's 1997 Ventura Fails to Pass Constitutional Muster,” and “Court Af- decision, which resulted in the published decision, In firms County’s Authority to Exclude Returning and re Retirement Cases (2003) 110 Cal. App. 4th 426. Redepositing Members From Retroactive Application More recently, Ms. Dunning successfully resolved of Newly-Enacted Enhanced Benefit Formulas.” after trial the “excess earnings” class action litigation brought against the Ventura County Employees’ Re- Ms. Dunning received her B.A. from Yale University tirement Association. Ms. Dunning also has resolved (cum laude) with a Distinction in History, and then by demurrer numerous cases brought against the Con- was selected for a position through the City of New tra Costa County Employees’ Retirement System, York as an Urban Fellow. Ms. Dunning received her one challenging CCCERA's use of excess investment J.D. from the University of California at Hastings earnings, another challenging CCCERA's Board's (cum laude) where she received three Jurisprudence determination of the contribution amount a district Awards and was Order of the Coif. While at Hastings, owed to the retirement system, and several others she was a member of the International & Comparative challenging the retirement system’s determination of a Law Review, Thurston Honor Society, and La Raza member’s benefits due. In addition, Ms. Dunning rep- Legal Defense Fund. Ms. Dunning lives in Oakland. 14 s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g
DIAnA RuiZ s A c r A m E n t o c o u n t Y D iana Ruiz is a Deputy has been with the Office of the County Diana earned her B.A. degree in English County Counsel for the Counsel since 1997, handling a variety from San Francisco State University and County of Sacramento. of administrative and court proceed- her J.D. degree from University of Cali- She has represented the ings. Prior to her employment with fornia, Hastings College of the Law. She Sacramento County Employees’ Re- Sacramento County, she had her own keeps her love of literature alive by lis- tirement System in contested disabil- law practice in Stockton, where she re- tening to audio books on her commute ity retirement matters since 2002. She sides, for 12 years. from Stockton to Sacramento. JuLIE Wyne I n t E r I m c H I E F E X E c u t I V E o F F I c E r , o r A n g E c o u n t Y E m P L o Y E E s r E t I r E m E n t s Y s t E m T he Board of Retirement ap- OCERS to ensure OCERS’ legislative came from a donated egg and sperm. pointed me to serve as Inter- needs are being met. The egg, coincidentally, came from my im Chief Executive Officer almost 4 year old’s birthmother. Two of OCERS effective May Before working for OCERS, I was an months after I gave birth to my two year 22, 2007. I am also General Counsel and Attorney/Partner with Shupe, Reagan old, I became pregnant, much to every- Government Affairs Officer. I serve on & Wyne in Santa Ana, CA, a litigation one’s amazement, including my fertility the Legislative Committee for SACRS law firm representing insurance compa- doctor. So, I have a genetic child, an in- and on the Mentor Committee for the nies and their clients. Finding that the vitro child from donated egg/sperm and National Association of Public Pen- grind of daily billing and client develop- an adopted child. My kids come from all sion Attorneys. I was hired by OCERS ment did not suit me, I applied for the methods and couldn’t be more loved. in August of 2000 to conduct admin- job at OCERS. istrative hearings and was promoted to I have a Bachelor’s of Science in Laws General Counsel in August of 2002. As I have three children, ages 1, 2 and al- and a Juris Doctorate from Western General Counsel I advise the Board and most 4 and a wonderful husband of 15 State University, Fullerton, California. staff on the administration of the system years. My almost 4 year old was adopted I am an avid hiker and love to go to and oversee the internal legal staff and because my husband and I went through Yosemite...which I never get to do any- external counsel. As Government Affairs several in-vitro procedures only to find more because of the little kids. So, these Officer I follow state and federal legis- out we couldn’t have our own children. days, my husband and I do our hiking at lation and liaison with stakeholders of My 2 year old was implanted in me but Disneyland, which ain’t all that bad. s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g 15
sEcrEtArY's meSSage HiStoRy of PuBLIc sEctors rIcHArD wHItE oc Ers sAcrs s E c r E tA rY In June, 2007 the State Association of County Retirement Systems (SACRS) partnered with the UC Berkeley Haas School of Business for an intensive three-day course in public pension fund investment and management which I was fortunate enough to be able to attend. The course was taught by facility members and was held at the business school on the northern California campus. One of the introductory sessions contained a small segment on the history of pension benefits and how they were developed in the private and the public sector. I found the historical information interesting and very relevant to some of the issues we all are currently facing with certain types, so as a matter of perspective I thought I would share some of what I learned about when and why pension funds exist. 16 s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g
sEcrEtArY's meSSage PrIor to 1940, most PEnsIon have become increasingly recognized as an one only pays limited attention to the media AssEts wErE EItHEr A PAY-As- important part of our societal moral and so- or other sources of information it would be cial obligation to provide some level of fi- difficult to get a balanced view of the DB vs. You-go oBLIgAtIon oF tHE nancial support for retirees. DC debate. PLAn sPonsor or InsurAncE comPAnY It is also very important to note that pen- One tidbit of information that I saw in 1812: Servicemen’s Pensions, which was the sion benefits are considered to be a form of a recent publication seems from my per- first U.S. Pension Plan designed for veterans “deferred compensation” for employees. Tax spective to caution against the use of a of the War of 1812. code changes imposed upon employers dur- defined contribution (DC) plan as the ing the war effort and restrictions on the PRIMARY vehicle for retirement income. 1875: The first United States private pen- amount of wages that could be paid to em- The chance of running out of money dur- sion plan was established by The American ployees during this time period gave advan- ing their lifespan is a significant downside Express Company. tage and motivation for employers to estab- risk for retirees who depend upon defined 1900: The Pattern Makers League of North lished pension plans for their employees. contribution plans as a retirement income America established the first United States vehicle. The article said: labor union pension plan. Much of the current statewide and local de- 1911: Missouri and Illinois began the first pub- bate about pension benefits is focused on the “Fifty-seven percent of adult U.S. work- lic employee pension plan for state workers. cost of pension benefits but the context of how ers have saved less than $100,000 for re- and why pension benefits expanded to their tirement, while 28% have saved less than 1920: The first Federal Government employ- use as “deferred compensation” by employers $10,000, according to a survey released ee pension plan began with the establishment is still applicable today – yet somewhat lost by [December 14, 2006] by the Commission of the Civil Service retirement system. public pension benefit antagonists. on the Regulation of U.S. Capital Mar- kets in the 21st Century. The survey also tHE Post-DEPrEssIon ErA sAw I would encourage everyone associated with our said 29% of working adults think they will An IncrEAsE In LEgIsLAtIon to twenty county systems, trustees and staff to en- not have enough money to maintain their ProVIDE For Post-EmPLoYmEnt hance your fiduciary skills by attending the next standard of living during retirement, ac- BEnEFIts session of the SACRS–UC Berkeley Public Pen- cording to a news release announcing the sion Investment Management Program! survey results.” (Source: P&I Daily, De- 1935: The Social Security Act and the Rail- cember 14, 2006). road Retirement Act were established. DEFInED BEnEFIt VErsus 1935: The National Labor Relations Act DEFInED contrIButIon PLAns BEHInD tHE orAngE curtAIn was passed. This act established pensions as One important area where the Governor’s At the time of the writing of this article, a form of remuneration and as legal obliga- Commission will weigh in will be the debate the Orange County ERS is progressing with tions of the employer to fund and pay. over the use of defined benefit pension plans the search for a new Chief Executive Of- as the vehicle for providing a retirement in- ficer (CEO) that was made necessary when worLD wAr II ErA come for public sector employees. our previous CEO Keith Bozarth moved to The war effort caused numerous changes in the a much larger state system in the Midwest. way that businesses operated. The war effort The debate is even more intriguing with the The search committee expects to interview a mandated wage freezes on employees, increased entrance of yet another initiative by Keith short-list of highly qualified candidates for taxes on excess corporate profits and granted Richman’s group to alter the structure and the position in the middle of October and tax relief for corporations that had pension to significantly lower benefit levels of pub- will hopefully recommend one or two of funds for their employees. The result was that lic sector pension benefits in California. these candidates to the full Board of Retire- businesses expanded their use of pension ben- This pension initiative was recently quali- ment for further interviews prior to a selec- efits because the wage freezes prohibited out- fied for circulation by the Secretary of State tion of our new CEO. right increases in workers’ pay. The companies and means that Richman will need to gather were able to take advantage of favorable tax nearly 700,000 qualifying signatures by Jan- sAcrs BoArD oF DIrEctors laws that benefited their bottom line. The re- uary 10, 2008 to get the initiative in front of It has been an on-going privilege to serve sult was that companies significantly increased the electorate. on the Board of Directors and I thank all of the use of pension benefits as a form of “de- you for the support that has been offered up ferred compensation” for employees! Rarely a publication that deals with pension to me along the way. I appreciate it and look issues is published without some article or forward to continued positive accomplish- Pension benefits for employees have been mention of the variances between defined ments with this fine organization. See you around for well over one hundred years and benefit and defined contribution plans. If at Indian Wells! s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g 17
uPDAtEs AND ANNOUNCEMENTS sAVE tHE DAtE! General Manager Los Angeles City Employees’ Retirement System gEnErAL mAnAgEr sEArcH sAcrs SPRING http://www.lacers.org/ Los Angeles City Employees’ Retirement System CONFERENCE 2008 http://www.lacers.org/ MAY 13—16, 2008 Established in 1937, the Los Angeles City Employees' Retirement System SHERATON GRAND HOTEL Establishedprovides (LACERS) insurance in 1937,service the Los subsidiesprovides to over 44,000 Angeles City retirements, active Employees’ disability Retirement retirements, and retireddisability members and Sys- and health their families. tem (LACERS) service retirements, retirements, and SACRAMENTO, CA The General Manager reports to a seven-member Board of Administration health insurance subsidies to over 44,000 active and retired comprised of elected and appointed members, and manages a staff of 139 andmembers and their net families. assets of over $11.8 billion. Online Conference Registration begins February 1, 2008 The ideal candidate will be an accomplished leader with significant management At www.sacrs.org experience, excellent political skills, professional presence and maturity, strong Registration packets will be mailed at that time as well. The General people Managermanagement and process reports to a seven-member Board ofknowledge skills, sound working Administration and comprised of of understanding elected and appointed institutional members, investments, and the and manages highest level ofaintegrity staff ofand 139 ethics. Public pension leadership experience and an advanced degree are HoteL infoRmation: and net assets of over $11.8 billion. preferred. Sheraton Grand Hotel 1230 J Street LACERS is a reciprocal agency with the California Public Employees’ Retirement The ideal System candidate (CalPERS) andwill be anCalifornia 37 other accomplished leader with public pension funds.significant man- Sacramento, CA 95814 agement experience, excellent political skills, professional presence and 916-447-1700 maturity, strongForpeople and process information, management or to apply, skills, sound working please contact: Reservations: 1-800-325-3535 knowledge and understanding of institutional investments, and the high- Rates: $189 (state and local tax not included) Mary L. Hobson, Executive Vice President & Managing Director est level of integrity and ethics. Public pension leadership experience and Parking: Valet $ 21 – Self $ 13 mhobson@eflassociates.com an advanced degree are preferred. Room Block Opens: February 1, 2008 Brittney K. Schroeder, Associate bschroeder@eflassociates.com oveRfLoW HoteL infoRmation: LACERS is a reciprocal agency with the California Public Employees’ Re- Hyatt Regency Sacramento at Capitol Park tirement System (CalPERS) and 37 other California public pension funds. 1209 L Street Sacramento, CA 95814 Greenwood Village, CO 80111 916-443-1234 For information, or to apply, please Phone: contact: 303-779-1724 Reservations: Rates: $199 (State and local tax not included) Parking: Valet $25 - Self $17 Mary L. Hobson, Executive Vice President & Managing Director Room Block Opens: February 1, 2008 mhobson@eflassociates.com Brittney K. Schroeder, Associate bschroeder@eflassociates.com 18 s A c r s m A g A Z I n E a u t u m n 2 0 0 7 | w w w . s a c r s . o r g
MODERN INVESTMENT THEORY AND PRACTICE FOR RETIREMENT SYSTEMS sAcrs PUBLIC PENSION INVESTMENT MANAGEMENT PROGRAM 2008 June 23–25, 2008 | RegiStRation BeginS JanuaRy 1, 2008 uc BeRKeLey, HaaS ScHooL of BuSineSS cLaRemont ReSoRt anD SPa | BeRKeLey, caLifoRnia Registration materials will be mailed in December and online registration will begin January 1, 2008. class size is limited to one session.
SACRS Conference Schedule 2007–2012 FALL 2007 SPRING 2009 FALL 2010 SPRING 2012 November 13-16 May 12-15 November 9-12 May 7-11 Renaissance Esmeralda Hyatt Regency Sheraton Universal TBD Indian Wells, CA Embarcadero Center Universal City, CA San Francisco, CA FALL 2012 SPRING 2008 SPRING 2011 November 12-16 May 13-16 FALL 2009 May 10-13 TBD Sheraton Grand Hotel November 10-13 Fess Parker’s Sacramento, CA The Westin Doubletree Resort South Coast Plaza Santa Barbara, CA FALL 2008 Costa Mesa, CA November 11-14 FALL 2011 The Westin SPRING 2010 November 8-11 South Coast Plaza May 10-14 The Westin Costa Mesa, CA Marriott Newport Beach South Coast Plaza Hotel & Spa Costa Mesa, CA Newport Beach, CA Join us at our Fall Conference November 13—16 | Renaissance Esmeralda Strategic Local Government Services First Class U.S. Postage 1415 L Street, Suite 200 Sacramento, CA 95814 PAID (916) 441–1850 Permit No. 185 Sacramento, CA
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