AIG Class Action Approved for Ohio Plans; $150 Million SEC-BofA Settlement OK'ed

Ohio pension funds won class action certification over allegations of accounting fraud, among others; judge ends civil charges accusing BofA of misleading shareholders when it acquired Merrill Lynch.

(February 24, 2010) — In a lawsuit against American International Group (AIG), three Ohio retirement systems have been granted class-action certification.

According to the report, the systems allege they suffered billions of dollars in losses due to accounting fraud and other securities law violations committed by the insurance giant.

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The three funds and lead plaintiffs — the $69 billion Ohio Public Employees Retirement System, $62.9 billion Ohio State Teachers Retirement System and $10 billion Ohio Police and Fire Pension Fund – initially filed the suit against AIG on October 15, 2004. The lawsuit is seeking damages for investors who bought AIG securities between October 28, 1999, and April 1, 2005.

U.S. District Court Judge Deborah Batts of the southern District of New York granted the class-action status against AIG for equity shareholders but excluded bondholders.

According to the AP, Maurice “Hank” Greenberg, former AIG chief executive officer and board chairman, agreed in August to pay $115 million to settle fraud claims as part of the lawsuit.

“Although we continue to believe that no class should be certified, we are pleased that the court refused to certify any bondholder claims and significantly limited the equity holder claims,” said AIG officials in a statement. “AIG already has paid $800 million to an SEC fair fund to compensate its investors, including those that are part of the alleged class in this lawsuit — more than what all the other defendants have agreed to pay combined.”

In other news, a US judge has approved a $150 million settlement between Bank of America and the Securities and Exchange Commission over changes that the bank neglected to disclose material information about its acquisition of Merrill Lynch. BofA currently faces a class action lawsuit from Richard Cordray, Ohio attorney general, who filed a complaint on behalf of five pension funds against the bank.

“We welcome Judge Rakoff’s ruling today, which recognizes that Bank of America failed to adequately disclose to its shareholders material information related to the Bank’s acquisition of Merrill Lynch,” said Ohio’s Cordray to Global Pensions. Today’s decision validates and reinforces the core allegations of our lawsuit against Bank of America.”



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Study: Pension Plan Sponsors Are Becoming More ‘Liability Aware’

MetLife’s survey of 166 corporate plan sponsors shows risk management priorities for the largest US defined benefit pension plans have expanded. 

(February 24, 2010) – According to a new MetLife survey, market volatility has urged officials of large US corporate pension plans to adopt a broader view of risk management.

 

“While clearly this shift in focus was spurred by the market environment, it also may signal an acknowledgement that traditional methods of mitigating risk by diversifying the investment portfolio may no longer be viable as a sole or primary means of pension risk management,” said Cynthia Mallett, who oversaw the study.

 

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The study showed that officials of US corporate pension plans rank the measurement of liability-related risk and pension plan underfunding as their first and second priorities in 2010. Most plan sponsors believe they’re doing a better job implementing risk management measures this year compared to a year ago. And while “asset allocation” and “meeting return goals” occupied the top two spots in 2009, those two categories dropped this year.

 

Additionally, MetLife’s study highlighted a need for new tools and strategies to help plan sponsors manage risk. Within two years, MetLife expects the industry to develop and implement new practices and tools to manage these risks, particularly risk relating to liability.

 

MetLife’s second annual U.S. Pension Risk Behavior Index Study surveyed 166 corporate plan sponsors. MetLife is a provider of insurance, employee benefits and financial services, reaching more than 70 million customers around the world.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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