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U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations Association March 15, 2001

U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

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Page 1: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

U.S. Pension Fund Investments: Trends, Regulations and Corporate

Governance

International Pension ConferenceFIAP and the Chilean Pension

Funds Administrations AssociationMarch 15, 2001

Page 2: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Pension Fund Investments: Current and Future Trends

Private Pensio n P lans: Portforl io Co m posit ion ($B illio ns)

-

1,000

2,000

3,000

4,000

5,000

6,000

19851 986

1 9871 988

1 9891 990

1 9911 992

1 9931 994

1 9951 996

1 9971 998

1 9992 000

E qui ty B onds C ash I tem s O ther A ssets

Page 3: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Pension Fund Investments: Current and Future Trends ($ Billions)

Year Equity Bonds Cash Items

Other Assets

1985 495 308 130 298

1990 573 364 178 456

1995 1,193 493 193 867

2000 2,208 610 265 1,680

Page 4: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Pension Fund Investments: Current

Trends For private sector plans, equities as a

share of total assets have grown slightly to 46% of the total portfolio.

Bonds have decreased from 25% of total assets in 1985 to 12.8% in 2000.

Equities in public sector plans comprise 67% of assets, bonds equal 22%, and 8% of assets are in cash and other assets.

Page 5: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Pension Fund Investments: Future

Trends Effect of the US Stock Market Company Stock in Pension Plans “Social Investing” Investment Responsibility:

Employer v. Employee Changes to Fiduciary Regulations

Page 6: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Corporate Governance

Structure of U.S. Pension Laws– Review of ERISA’s Rules for

Fiduciary Duties and Conduct– Who Controls Plan Assets:

• Plan Trustee• Named Fiduciary• Investment Manager

Page 7: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Corporate Governance

The Directed Trustee Exception:– Plan may permit participants to be

named fiduciaries who may direct plan trustee

– Conditions for participants to direct plan trustee

– Tendering of unallocated or non-voted stock

Page 8: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Corporate Governance

Investment Manager Exception– The fiduciary act of managing plan

assets includes responsibility for voting of proxies

– Investment manager cannot delegate duties so as to relieve itself of fiduciary responsibilities

– Appointment and monitoring of investment manager

Page 9: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

Corporate Governance

Issues Related to Corporate Governance in the U.S.– Inactivity of Plan Fiduciaries– Effect of “Class Action” Lawsuits

Page 10: U.S. Pension Fund Investments: Trends, Regulations and Corporate Governance International Pension Conference FIAP and the Chilean Pension Funds Administrations

U.S. Pension Fund Investments: Trends, Regulations and Corporate

Governance

International Pension ConferenceFIAP and the Chilean Pension

Funds Administrations AssociationMarch 15, 2001