Riley: Wild Week Exposes Risks in Rhode Island and Providence Portfolios

Tuesday, August 25, 2015

 

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A wild day on Wall Street followed a very volatile week last week. It was enough to make my head spin and I’m no rookie. I have literally managed hundreds of millions of dollars during the most difficult markets in history. I was there in the crash of 1987 when the market lost 22% in a single day. I was there in 1998 for the long term capital disaster and the Asian currency and Ruble crisis. I was deeply entrenched as a partner of the world’s largest Options Specialists firm in 2000 at the height of the Dot.Com bubble. And unfortunately I was there on September 11, 2001. 

Frankly I’m glad to be alive after all these events including my 3 heart attacks. I’m now on my third pacemaker. I’ve been literally carried off the Amex Trading floor a few times and sent to NYU Downtown Hospital. The Trade Center was the last straw though and I sold my business in 2002 and in 2003 I moved to Rhode Island to sit out a non-compete clause with TD Bank. In 2006 my ex floor partners and I started our first hedge fund. We called it Narragansett Multi-Strategy Fund. It has been funded by friends and family and I still manage it today, along with my partner Danny Mintz. My partner and I manage money and manage risk and have done so since 1975. We trade quite actively and are very sensitive to derivatives pricing in selecting our strategies. 

I bring this up because we’ve been analyzing and managing portfolios for 40 years and we know instantly by looking at a portfolio how risky it is and whether the risk reward is appropriate. We differentiate between trading and investing. When managing client assets and retirement portfolios, which we also do for Beach Street Financial Services LLC and others, we used low risk “Defined Outcome” strategies. These simple, transparent and liquid strategies are exactly what Providence Pension Fund and the State of Rhode Island pension funds should be invested in. 

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Trading versus Fiduciary

Unfortunately both the State and the City pension funds are deeply underfunded. As fiduciaries, they are required to act in a fiduciary manner safe-guarding the assets in the Pension Trust. The client or beneficiary well-being comes first.

Providence's pension plan is funded at only 25% and the State is near 55% funded. It’s obvious that neither fund can afford big losses. That was a consistent line in Ms. Raimondo’s pension reform of 2011 -- clearly, as fiduciaries plan managers would therefore have very little “risk” in their portfolios. Well, that’s clear to me and most fiduciaries but apparently not clear to Mayor Elorza. Both the current Providence Pension fund construction and the performance of Providence investments are abysmal. 

The City has outright lied about Plan assets to the tune of $63 Million in the current year.  How can they get away with that?  So here is the scoop, as of June 30 2014 the investment commission (responsible for investing the contributions every few weeks from the city and its employees) had only $260 million in investments, however the city council and mayor reported assets of $380 million that included an illegal IOU of $57 million on June 30 2014 “owed” to the pension fund from the city. Against a back drop of $1.25 billion in accrued liabilities, the city is in desperate straits.

The hired manager, Wainwright Investment Counsel, is placed in the impossible position of having to make 8.25% annually, not only on actual assets, but also on the phantom assets. This tension has existed since Buddy Cianci hired Wainwright in 1995. Outside observers might think the worst thing that could happen to Providence Pension Plan assets would be a lousy stock market and therefor as fiduciaries the Investment commission headed by Elorza should guard against losses.  Safety right? Wrong!!

The commission chaired by Mayor Elorza has done nearly the opposite. The Providence Pension fund is significantly riskier than most pension plans as well as the State pension fund.  Elorza's largest current investment is in an aggressive long short hedge fund, Renaissance. It is important to understand that the standard allocation of assets for fiduciaries managing pension funds is a 60/40 allocation of stocks vs other categories. That 40 % allocation is usually dominated by fixed income. Short duration is less risky than long duration and domestic vs international is usually less risky. Strikingly, the worst funded pension plan in America aka “the Providence plan” is over 70% invested in stocks and tilted toward small and international, both very risky. The Fixed income portion is about 24% with 5% in international debt. This is not a conservative portfolio in anyone’s judgement much less a portfolio that is managed for an employee pension fund.  

How has Providence high risk portfolio performed?

The rate of return for the Providence Pension Fund for fiscal year 2015 was a miserable 3.3%. That result is fully 500 basis points below the required compounded MINIMUM return of 8.25% that Providence projects for the next 30 years. A whopping miss, but even worse when you take into account lying and cheating.

Wainwright did in fact make 3.3% on the money/assets they actually managed of $265 million dollars.  Wainwright's return of 3.3% on $265 million is about $9 million dollars.  However the Mayor reported, in official documents, assets of $380 million dollars and thus the expected return on $380 million was $31.3 million.  This $22 million dollar shortfall doesn’t just disappear. It compounds. The Providence strategy of high risk with low returns is no way to run a pension fund. Mayor Elorza should be embarrassed. 

What about Seth Magaziner? 

Seth manages the $8 billion dollar pension portfolio for public employees in the State of Rhode Island. Seth campaigned on his “record as a money manager” and emphasized the reason for electing him was his experience and his expertise.

In his 2014 campaign in the written press, on national tv and on the debate stage he repeatedly referred to his "30% plus returns”, promising to bring that skill to the state. Well, that was all a lie.

Seth never managed money or had any track record whatsoever. But that didn’t stop the Projo editorial board from endorsing him over Ernest Almonte. Seth is now almost 8 months into the job and thanks to his transparency efforts we can clearly see that Seth is failing. So the insiders newspaper Projo strikes again and their pick Seth Magaziner has performed badly. Rather than the promised 30% genius or even the State minimum return of 7.5%, the State pension plan is now in the red and instead of a portfolio built for safer returns, we have no returns at all and very little safety. The plan is just as complicated and expensive as when Gina had it, only now thanks to “transparency” we can see it a little more clearly. 

Seth knows exactly how the State is doing right now, but he chooses not to comment so we will wait a few weeks until he lets us  all know the bad news. The treasurer would surely be crowing if the market were up 10%. However, we calculate that the State is down for both the calendar year 2015 and also for the fiscal year 2016. In fiscal 2015 in which Mr. Magaziner managed for 6 months the State had a whopping $500 million dollar shortfall. There is great concern that now, with the markets in free fall retirees are relying on someone who has never managed money to make the right calls.  This worrisome fact, combined with Seth’s refusal to acknowledge or address Providence’ misleading bondholders and its near bankruptcy, has us wondering what does Seth actually do each day other than run for his next office?

My suggestions: Trader vs Fiduciary

These are difficult markets, no doubt. Here’s what I think. As a trader I‘m tempted to wait a few days and make a long side bet on commodities and equities by selling richly priced puts on solid companies levered to the price of oil. As a fiduciary for my clients there is absolutely no change, we will continue using Exceed Investments defined outcome products and strategies. For example: One strategy allows investors individuals or institutions like public pension funds to invest in the S&P 500  through SPY and at the same time be buffered on losses up to 10%. They will also receive approximately 1.4 times the upside return capped at around 11%. This defined outcome investment would be structured for a little over 1 year. Imagine if SPY goes down 7% she loses nothing, if the SPY goes down 15% she only loses 5%. If the spy goes up 3% over the next year she will make 4.2%. All the investor gives up is the cap on return. My suggestion is that the pension fund rid themselves of 55 managers, the 120 different investments and all the million dollar consultants and simply use Exceed Investments products and strategies.

Disclaimer:  

As Viktor Kiam once said “I liked them so much, I bought the Company”.

Coastal Management Group LLC has a significant stake in Exceed Investments and Beach Street Financial Services LLC.

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Michael G. Riley is vice chair at Rhode Island Center for Freedom and Prosperity, and is managing member and founder of Coastal Management Group, LLC. Riley has 35 years of experience in the financial industry, having managed divisions of PaineWebber, LETCO, and TD Securities (TD Bank). He has been quoted in Barron’s, Wall Street Transcript, NY Post, and various other print media and also appeared on NBC News, Yahoo TV, and CNBC.

 

Related Slideshow: Timeline - Rhode Island Pension Reform

GoLocalProv breaks down the sequence of events that have played out during Rhode Island's State Employee Pension Fund reform. 

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2005-2010

In the five years before Raimondo was elected, pension changes included a decrease in established retirement age from 65 to 62, increased eligibility to retire, and modified COLA adjustments.
 
Read the Senate Fiscal Office's Brief here.
 
(Photo: 401(k) 2013, Flickr)
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January 2009

Governor Don Carcieri makes pension reform a top priority in his emergency budget plan. His three-point plan included:

1. An established minimum retirment age of 59 for all state and municipal employees.

2. Elimination of cost-of-living increases.

3. Conversion of new hires into a 401(k) style plan.

 

See WPRI's coverage of Carcieri's proposal here.

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2009

Rhode Island increased mandatory employee contributions for new and current employees. New Mexico was the only other state to mandate current employees to increase their contributions. 

 

Read the NCSL report here

(Photo: FutUndBeidl, Flickr)

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2010

Rhode Island's state administered public employee pension system only held 48% of the assets to cover future payments to its emplyees.

"This system as designed today is fundamentally unsustainable, and it is in your best interest to fix it" - Gina Raimondo

 

Check out Wall Street Journal's coverage here.

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November 2010

Gina Raimondo defeats opponent Kernan King in the election for General Treasurer of Rhode Island using her platform to reform the structure of Rhode Island's public employee pension system. She received 201,625 votes, more than any other politician on the 2010 Rhode Island ballot. 

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April 2011

Raimondo leads effort to reduce the state’s assumed rate of return on pension investments from 8.25 to 7.5%.

Her proposal includes plans to suspend the Cost of Living Adjustment (which allows for raises corresponding with rates of inflation for retirees), changing the retirement age to match Social Security ages, and adding a defined contribution plan.

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May 2011

Raimondo releases “Truth in Numbers”, a report detailing the pension crisis and offering possible solutions. She continues to work to raise public support for her proposal.

"Decades of ignoring actuarial assumptions led to lower taxpayer & employee contributions being made into the system." - Gina Raimondo (Truth in Numbers)

 

Read GoLocalProv's analysis of the report here.

Read the Truth in Numbers report here

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October 2011

Governor Lincoln Chafee and General Treasurer Gina Raimondo present their pension reform legislation proposal before a joint session of the General Assembly.

“Our fundamental goal throughout this process has been to provide retirement security through reforms that are fair to the three main interested parties: retirees, current employees and the taxpayer…I join the General Treasurer in urging the General Assembly to take decisive action and adopt these reforms.”- Gov. Lincoln Chafee

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October 2011

Head of Rhode Island firefighters’ union accuses Raimondo of “cooking the books” to create a pension problem where one did not exist. Paul Valletta Jr. states that Raimondo raised Rhode Islanders’ assumed mortality rate to increase liability to the state, using data from 1994 instead of updated information from 2008, and lowered the anticipated rate of return on state investments.

“You’re going after the retirees! In this economic time, how could you possibly take a pension away?” Paul Valletta Jr (Head of RI Firefighters' Union)

Read more from the firefighters' battle with Raimondo here.

Check out the New York Times' take on RI's  pension crisis here.

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November 17, 2011

The Rhode Island Retirement Security Act (RIRSA) is enacted by the General Assembly with bipartisan support in both chambers. RIRSA’s passing is slated to reduce the unfunded liability of RI’s pension system and increase its funding status by $3 billion and 60% respectively, level contributions to the pension system by taxpayers, save municipalities $100 million through lessened contributions to teacher and MERS pension systems, and lower the cost of borrowing.

 

Read more from GoLocalProv here.

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November 18, 2011

Governor Lincoln Chafee signs RIRSA into law. According to a December 2011 Brown University poll, 60% of Rhode Island residents support the reform. Following its enactment, Raimondo holds regional sessions to educate public employees on the effects of the legislation on their retirement benefits.

 

Read about how Rhode Islanders react to RIRSA here.

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January 2012

Raimondo hosts local workshops to explain the pension reforms across Rhode Island. She also receives national attention for her contributions to the state’s pension reforms.  The reforms are given praise and many believe Rhode Island will serve as a template for other States’ future pension reforms.

 

Read about the pension workshop here.

Read Raimondo's feature in Institutional Investor here

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March - April 2012

Raimondo opposes Governor Chafee’s proposal to cut pension-funded deposits. She continued to provide workshops on the pension reforms.

“The present law is sound fiscal policy and should remain unchanged.” -George Nee (Rhode Island AFL-CIO President)
 
 
See WPRI's coverage of Chafee's attempt to cut pension fund deposits here.
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December 5, 2012

Raimondo publicly opposes Governor Chafee’s meetings with union leaders in an effort to avoid judicial rulings on the pension reform package.  In response, Chafee issues a statement supporting the negotiations.

 

Read more about Raimondo's opposition here.

Read about Chafee's statement https://www.golocalprov.com/news/new-chafee-issues-statement-supporting-pension-negotiations/">here

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March 2013

Led by the Rhode Island State Association of Fire Fighters, unions protest the 2011 pension reform outside of the Omni Providence where Governor Lincoln Chafee and General Treasurer Gina Raimondo conduct a national conference of bond investors.

 

Read about Raimondo's discussion of distressed municipalities here

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April 2013

The pension plan comes under increased scrutiny as a result of the involvement of hedge funds and private equity firms. Reports show that $200 million of the state pension fund was lost in 2012.

"In short, impressive educational credentials and limited knowledge of investment industry realities made Raimondo ideally suited to champion private equity’s public pension money grab." - Ted Seidle (Forbes)

 

Read GoLocalProv's coverage of the State Pension Fund's losses here

Read Ted Seidle's criticism of Raimondo in Forbes.

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June 2013

Reports show that the State’s retirement system increased in 2013 by $20 million despite the reforms being put into effect the previous year.

 

Read GoLocalProv's investigation into the rising pension costs here.

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September 2013

Matt Taibbi publishes an article in Rolling Stone detailing Raimondo’s use of hedge funds as a questionably ethical tool to aid with pension reform. 

Read Taibbi's article in Rolling Stone.

Read GoLocalProv's response to Taibbi here.

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October 2013

As Raimondo eyes the role of Governor of Rhode Island in 2014, more behind-the-curtain information about the 2011 pension reform comes to light.

 

Read more from GoLocalProv about the players in the pension battle here.

 
 

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