The Internal Revenue Service (IRS) says its employee plans (EP) staffers will “no longer answer technical questions by email, including questions forwarded from Customer Account Services,” effective October 1.
The IRS says the change is “due to realignment of legal work and a number of EP employees to the Office of the Associate Chief Counsel in January 2015.” In short, the Employee Plans group no longer has the bandwidth to do research and provide answers for legal topics, according to the IRS.
Customer Account Services employees (available at 877-829-5500) will continue to help with account-specific questions, basic information about employee plans forms and the status of any pending applications.
“If you have a legal question that needs to be addressed, you may want to request a private letter ruling,” the IRS says. A private letter ruling offers a written statement that interprets and applies tax laws to a taxpayer’s or a retirement plan’s specific set of facts.
The IRS reminds retirement plan professionals to see Revenue Procedure 2015-1 for information on how to obtain a private letter ruling and how the IRS applies user fees.
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According to a white paper from Rocaton, alternative
investment strategies can have a place in the growth portfolios of defined
benefit (DB) plans. The primary objective of a liability driven investing (LDI)
growth portfolio is to provide defined benefit plans with expected returns
greater than the expected growth of the plan’s liability, the paper contends.
Traditionally, growth portfolios have mostly embraced public equity strategies,
Rocaton says, but although they provide strong long-term returns, equities are
susceptible to significant drawdown risk that may have a negative impact on a
DB plan’s funded status.
The authors of “Incorporating Alternatives in an LDI Growth
Portfolio” believe DB plan sponsors should consider certain alternative
investment strategies that aim to generate attractive returns with less
drawdown risk than the broad equity market. Their paper examines strategies in
four primary categories: long/short equity at the more liquid end of the
spectrum; convertible bonds; distressed debt; and event-driven strategies.
Rocaton lists other strategies as well, including private
equity, long/short credit, managed futures, low-volatility equity strategies,
and various short-duration or high-income real estate strategies.
“We recognize many plan sponsors are likely to use private
equity and private real estate,” says Matt Maleri, partner and member of Rocaton’s capital
markets/asset allocation group, and a co-author of the paper. Distressed
debt funds, which attempt to take advantage of corporate events, are a bit less
liquid, Maleri notes,
likely with quarterly or annual liquidity, rather than a full lockup. The
events can be anything that has an effect on the firm’s debt, from a
restructuring to a bankruptcy, or anything that puts serious pressure on the
firm’s outstanding securities. “They’ll buy assets cheaply and hopefully that
is a way to get equity-like returns,” he explains, adding that some plan
sponsors may need more explanation to help them feel comfortable with the
strategy.
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Relatively liquid and easy to understand.
The strategies have a few criteria to recommend them in a DB
plan, Maleri says.
Convertible bonds and long/short equities, because they fall in the more liquid
end of the spectrum, are probably more likely to be accepted more quickly, Maleri says. “And they
generally use plain vanilla securities,” he observes. “They’re not trading in
anything esoteric. Convertible bonds are pretty transparent. Most public
equities traded on the exchange are easy to understand.”
If lowering volatility is the goal, says James Gannon, managing
director, asset allocation and risk management at Russell Investments, introduce
asset classes that are uncorrelated or less correlated with equities, such as
private real estate, infrastructure or hedge funds that don’t fit traditional
equities profile, which a lot of DB plans use in their growth portfolio.
The types of pension plans likely to use these strategies are
split fairly evenly between plans that are open and ongoing, with new
participants entering and a liability that rises every year, and those that are
closed or frozen, Gannon says. “We see that closed or frozen plans are less likely
to be invested in these alternative classes mostly because of their time
horizon,” he explains. “It’s not long enough to gain the advantage of the time
horizon. They’re looking at strategies in plan termination or annuitization,
and they can’t stand the illiquidity of alternatives.”
But open plans do use alternative investments—most
common are private equity investments, as well as hedge funds and private real
estate—as part of the growth portfolio, as a way to control volatility and to
grow, Gannon says.
Gannon notes that substantial resources are needed to oversee
a program with alternatives, and that plan sponsors must be confident their time horizon and strategy won’t change for the length of time the plan is
to be invested, in order to achieve the full value.
Illiquidity would make these asset classes very restrictive
for plan sponsors considering ending or freezing the plan. “It makes it difficult
to operate some of the risk transfer strategies,” he says, “so advisers need to
gain an understanding of what the plan sponsor has in store for the plan, so
the chief investment officer is not caught off guard.”
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How to balance high returns with volatility.
LDI is a comprehensive strategy, maintains Jeremy Kish,
managing director of TeamCo Advisers. But many people lose sight of this during
implementation when they divide the portfolio into two parts, a hedging
portfolio and a growth portfolio.
“The challenge with the growth portfolio is the balance
between high returns and volatility,” Kish explains. “Including high-volatility
allocations in the growth portfolio is a slippery slope. The higher the
volatility of assets, the greater the chance of increasing the volatility of
pension plan contributions, the very thing LDI is attempting to reduce.”
An allocation to alternatives generally, and to select hedge
funds specifically, can be a way to help sponsors carry less exposure to
equities while preserving return generation, Kish says: “There is less risk to
plan funded status—which is the goal of an LDI strategy.”
But Kish warns that including alternatives in the growth
portfolio is not always simple, as all alternative investments are not created
equal. “The degree of the fund’s liquidity is one such consideration that plan
sponsors should ponder carefully,” he says. “If the goal is to sell the pension
plan once it becomes over-funded, then any allocation to alternatives leading
up to a sale should be very liquid, as the insurance companies that purchase
pension plans often charge a premium for illiquid allocations.”
To that end, hedge fund strategies
can be a good fit, Kish says, since they can be quite liquid (daily, monthly,
quarterly) and allow sponsors to exit hedge fund investments as they prepare to
sell the pension plan.
Manager selection is critical, according to Maleri, and one of the
biggest challenges in alternatives. “Strategies can look very different from
one another, but performances can also be very different,” he says. “Unlike
traditional public equity strategies, you could have two long/short strategies with
very different performance, quarter to quarter, or year to year.”
A hefty amount of research goes into manager selection, from
surveying the broad landscape through databases, to good connections with various
providers, Maleri says. A compliance review or deep dive into a firm’s
operations, such as their trading and compliance policies, is a good practice.
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The right manager has policies for a range of issues.
Other factors to examine are the manager’s policies for cash
management, handling excess cash or trade allocation. “How do they allocate a
particular security across multiple accounts?” asks Maleri, adding that the
optimal policy would be to allocate trades evenly across all accounts.
“This is a field where you really have to know managers and
be up to date on new shops, which open all the time,” Gannon says. “Have a
fairly rigorous due diligence process, and make sure to have a process in place
to keep on monitoring the managers.”
If hedge funds are under consideration, Kish recommends
taking special care to educate the investment committee, since hedge funds are
seemingly much more complex than many other alternatives like private equity
and real estate. Since the investment committee often meets on a quarterly
basis, it can be challenging to get their time and attention, but Kish calls it
“critical to find a way to help them understand the benefit of how a
portfolio of select hedge funds might improve the risk-adjusted returns of the
plan.”
Research will be needed for the different fee schedules,
Gannon says, noting that a long/short equity strategy might have different
share classes with different fee schedules for each. A lower fee for a manager
might have a higher performance fee, and vice versa, he explains. “For a plan
sponsor to understand the implications of different fee schedules is critical,”
he says.
The fees should be in line with the manager’s expectations
for the product, Gannon explains.” If it’s a low-tracking error, low-expected
return product, we wouldn’t want high fees,” he says. “But if the manager and
consultant have high expectations for returns, maybe higher fees are worth it.
The fees being charged should be aligned with the manager’s investment
philosophy. If someone’s charging much higher or much lower fees, you should
question why that is.”
Ultimately, Gannon says, the message for plan
sponsors is that for all their caveats, alternatives can be worthwhile. “It
makes a ton of sense for pension plans,” he says.