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18 October 2016
New York
Reporter Drew Nicol

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New York pension funds taken to task by DFS

The New York State Common Retirement Fund (CRF), the investment arm of several New York state pension funds, has been accused of running “misguided investment scheme” and failing to “adjust and anticipate potential future losses” in a scathing report by the Department of Financial Services (DFS).

The report, published by DFS superintendent Maria Vullo, singled out the CRF for investing in high-cost, underperforming hedge funds and non-transparent private equity funds since 2008, which comes in stark to other US state pension managers nationwide that have cut or eliminated similar investments.

According to the report, the State of New York comptroller, Thomas DiNapoli, who has sole responsibility for state pension fund asset investment allocation, has “over relied on so-called ‘active’ management by outside hedge fund managers, who consistently have underperformed low-cost diversified index investments while charging huge fees”.

Vullo said: “Pension fund managers across the country have cut or eliminated exposure to these overpriced and underperforming investments, while the Office of the New York state comptroller has stood still and spent pension system funds chasing performance that continues to fall far short.”

The report covers fiscal years between 1 April 2008 through to 31 March 2016 and is the first in a series of reports to be released by DFS on the investment activities of the pension systems it regulates.

Specifically, DFS highlighted the CRF’s “incredibly poor hedge fund returns in fiscal years 2009 to 2011”, where the state’s pension funds suffered a three-year deficit totally $1.3 billion, which increased to $1.5 billion once excess fees were considered.

“Rather than correcting this misguided investment scheme the comptroller put more money—86 percent more by 2016—into the worst performing investment allocation,” explained the DSF in the report.

“Still reeling from the system’s incredibly poor hedge fund returns in fiscal years 2009 to 2011, the comptroller’s failure to adjust and anticipate potential future losses cost the system another 10 percentage point deficit in fiscal year 2014.”

Referring to excessive fees paid by the state’s pension fund, the DSF described it as shocking that the CRG had paid $1 billion to hedge funds over the past eight years, considering the underperformance those funds returned.

“Hedge funds are the worst of the six asset allocation classes with a 10-year record,” stated DSF.

The New York state comptroller's communications director Jennifer Freeman responded to the allegations, stating: "It's disappointing and shocking that a regulator would issue such an uninformed and unprofessional report. This report was emailed to our office five minutes before it was provided to the press.”

“If the agency had reached out to our investment professionals, it would have known the aggressive steps that comptroller DiNapoli and CIO Vicki Fuller have taken to reduce hedge fund investments and limit fees, including lowering the hedge fund allocation to 2 percent of assets from 3 percent and paying below average fees.”

“In fact, the fund has not put money into a hedge fund in well over a year. Unfortunately, the Department of Financial Services seems more interested in playing political games, so remains unaware of actions taken by what is one of the best managed and best funded public pension funds in the country. We will provide a full response after a thorough review.”

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