A 401(k) plan participant has filed
suit against Massachusetts Mutual Life Insurance Company, alleging the
firm collects tens of millions of dollars annually in undisclosed
compensation due to the way it values the crediting rate for stable
value funds offered to 401(a) and 403(b) retirement plans.
According
to the complaint, MassMutual markets a number of stable value funds, or
SVAs, to retirement plans, each of which utilizes group annuity
contracts issued by MassMutual. The contracts periodically credit a
certain amount of income to retirement plans and the participants in
such plans who invest their retirement plan accounts in SVAs. This
income, generally expressed as a percentage of the invested capital, is
determined pursuant to a crediting rate. The crediting rate varies in
that in each crediting period, MassMutual sets a crediting rate for all
money added to its SVAs in that period.
The lawsuit says
MassMutual has the sole and exclusive discretion to determine the
crediting rate for a given crediting period. MassMutual sets the
crediting rate well below its internal rate of return (IRR) on the
invested capital it holds in the SVAs, creating a substantial profit for
itself, according to the complaint.
The lawsuit also alleges
that MassMutual does not disclose to its retirement plan clients and
their respective participants the difference between its IRR and the
crediting rate, and that it collects tens of millions of dollars
annually in undisclosed compensation from the retirement plans and
participants in violation of the Employee Retirement Income Security
Act.
In a statement to PLANADVISER, MassMutual said: “MassMutual
Retirement Services has a long history of delivering exceptional
products and service to retirement plans and their participants.
MassMutual regards the Bishop-Bristol complaint as meritless and will
vigorously defend against it.”
Cerulli Reports Investor Moves Away from ‘Pure Beta’
Duration-focused equity and fixed-income exposures have
long formed the basis of large institutional portfolios not tied to the future
income needs of a single individual or family, but today’s forward-looking institutions
are seeking more than “pure beta.”
“Beta” is one of those terms that gets thrown around a lot
by investing industry professionals (and their clients) without a whole lot of
clarity as to what is actually meant.
Advisers will know that the basic term arises from modern
portfolio theory, which speaks of the “beta coefficient” of an investment
portfolio to indicate whether the investment is more or less volatile than the
market from which it is drawn. In general, a beta value below one indicates
that the investment portfolio can be expected to be less volatile than the
market as prices fluctuate, while a beta of more than one indicates the
opposite.
In the first quarter 2016 issue of “The Cerulli Edge, U.S.
Institutional Edition,” the financial research and analytics firm finds institutions
of all stripes are actively considering the implications of volatility and constrained liquidity on
their long-term goals—and they are beginning to rebalance portfolios
accordingly. As part of this rebalancing, institutions are increasingly willing
to consider alternative conceptions of measuring and using a portfolio’s “beta.”
At a very high level this reflects institutional investors’
concerns with the topline health of global markets, Cerulli explains. Institutions
are clearly listening to their investment managers and advisers, who are
warning that winners and losers are reemerging in markets after years of nearly
universally strong performance across economies, sectors, geographies, etc.
“While some are acting based on pressures outside of
those in the financial markets, most are drawing lessons from the major losses
experienced in 2007-2008 and taking precautions after years of post-financial-crisis
gains,” explains Alexi Maravel, director at Cerulli.
NEXT: How this
applies to retirement plans
Probably the most relevant aspects of beta for the retirement
plan domain come up in the perennial active-versus-passive investment option
debate.
Retirement plan officials, it seems, constantly face the
question of which is a better option for retirement plan investors. Under
modern portfolio theory, passive investments are purchased under the conviction
that having a “pure beta exposure” to the market—i.e., a beta of exactly one—will
serve investors best, mainly because it is so hard to consistently predict the
performance of any given stock or holding in the index. One might as well hold
everything, gaining all the upside at the price of being exposed to all the
downside.
These days institutional investors are essentially balking
at that assessment, Cerulli says, despite the fact that pursuing pure beta had served
them well as recently as 2014. As Maravel observes, equity markets disappointed
in 2015 and “are already struggling in 2016 with the worst start to a calendar
year in a decade.” Beyond this, interest rate uncertainty still abounds, leading
institutions to consider the opposite conviction under portfolio theory—that one
might as well use all the data and intelligence one has access to in order to
tilt one’s beta exposure towards the parts of the market that are likelier to
grow looking forward, given current conditions.
As such, Cerulli finds many types of institutional investors
are interested in strategies in which an investor “can capture returns with
low or no correlation to their other investments, such as absolute return,
alternative credit, or infrastructure strategies, all of which tend to be
actively managed … Conversations with both institutions and asset managers seem
to begin and end with concerns about corporate spread widening and bond
market liquidity.”
NEXT: A few more conclusions
Maravel adds that, beneath the headlines, there are “numerous
indications of a change in the 'risk-on' approach that has benefited so
many investors.”
"Institutions are increasing their awareness of the
vulnerability to risk and volatility and it's pushing institutions
to re-allocate away from the passive index investments—pure market beta
exposure—they have favored in the past six or seven years," Maravel continues.
Rather than going strictly “risk-off,” Cerulli believes
that investors will try to go more “risk-selective.” In the retirement space this will
play out with continued vigorous growth around liability-driven investing (LDI)
programs and products.
“Cerulli believes that growth in the LDI market will come to
pass, though the road will not be a straight line, owing to bond market technical
factors, liquidity, and residual corporate resistance to adopting
liability-hedging strategies with long-duration fixed income,” Maravel
concludes. “Cerulli recommends that managers invest in their fixed-income and
derivatives capabilities, and in non-investment resources such as actuarial
experts. Managers should prepare not only for growth in LDI client assets, but
also for clients’ need for advice on all de-risking options as funded status
improves.”
Cerulli’s research also concludes that LDI strategies are “slowly
moving beyond long-duration fixed income to include more multi-asset-class
solutions, especially on the return-seeking side of the client’s portfolio,
with the integration of equity managed volatility strategies.”
These findings and more are found in the first quarter 2016
issue of The Cerulli Edge - U.S. Institutional Edition
dedicated to rebalancing. The issue explores managing volatility and liquidity
concerns, and liability-driven investments.