CalPERS’ Bankruptcy Deals ‘Haven’t Solved Funding Problems’

Arrangements with San Bernardino, Stockton, and Vallejo will lead to more financial strain, ratings agency Moody’s argues.

Deals struck by the US’ biggest pension fund with three bankrupt cities could result in further financial strains on them in the future, ratings agency Moody’s has warned.

The City of San Bernardino, California, last week agreed to maintain its relationship with the California Public Employees’ Retirement System (CalPERS) and repay missed contributions. The deal was first outlined in June, and finalised last week.

But Moody’s said the city would face rising bills from CalPERS in the years ahead.

“San Bernardino’s choice to leave its accrued pension liabilities unimpaired means that its contribution requirements to CalPERS will likely increase to the point where they weaken the city’s financial profile, even after the relief provided by the bankruptcy adjustments,” said report authors Gregory Lipitz and Thomas Aaron.

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The pair added that they expect similar “weakening” in both Stockton and Vallejo, two other Californian cities that have reached funding agreements with CalPERS following bankruptcy. CalPERS and the California State Teachers’ Retirement System have both been increasing employer contribution rates to deal with funding gaps and improvements in longevity.

“CalPERS’ latest actuarial valuations for each city forecast unrelenting increases to required contributions, despite the very strong investment performance of CalPERS in 2013 and 2014,” Moody’s said.

Rising contribution rates for bankrupt citiesThe ratings agency calculated that San Bernardino’s adjusted net pension liability for the 12 months to the end of June 2014 was $731 million—nearly 10 times its outstanding debt.

Lipitz and Aaron also outlined the potential impact on holders of pension obligation bonds (POBs) and other bonds issued by San Bernardino, based on the write-down of debt issued by Stockton and Vallejo.

“In Stockton, despite an earlier ruling that the city could impair its pensions, the judge overseeing Stockton’s bankruptcy upheld the city’s plan, which provided POB holders with only 40% to 50% of their original claim, a decision we viewed as negative for certain investors,” the pair wrote.

They said it was “too early to speculate about the city’s proposed treatment of its investors” but argued it was “more likely” that San Bernardino would restructure its debt. Pension obligation bonds—fixed income securities issued specifically to finance pension fund contributions—make up 62% of San Bernardino’s $74 million debt.

CalPERS has been vocal in its belief that its members’ benefits should be protected above all else in bankruptcy cases, particularly in the high-profile case of Detroit.

Related Content:Gold Stars for CalPERS, CalSTRS from Moody’s & CalPERS Hails Stockton Bankruptcy Ruling

Dan Loeb Triumphs Against Sotheby’s, Dow Chemical

Sotheby’s CEO has agreed to step down and Dow Chemical has added four directors to its board after yearlong battles with the activist investor.

Dan Loeb, Third Point(Dan Loeb, CEO of Third Point)Hedge fund manager and activist investor Dan Loeb found himself victor in two yearlong campaigns against Sotheby’s and Dow Chemical this week.

The auction house announced on Thursday that Chairman, President, and CEO William Ruprecht will “step down by mutual agreement with the board.”

His resignation ends a drawn-out proxy battle with Third Point’s Loeb, who is also Sotheby’s largest shareholder. In a harshly worded letter to Ruprecht last year, Loeb said the CEO “[has] not shown the innovation or inspiration the company sorely needs to play offense today.” 

“Sotheby’s is like an old master painting in desperate need of restoration,” he wrote, asking for Ruprecht’s resignation.

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The company said it has already formed a search committee for a new CEO. It has also retained executive search firm Spencer Stuart to help with the process.

“We are moving with a sense of urgency but we will take the time we need to find the right leader for Sotheby’s at this critical juncture in its continuing evolution,” said Domenico De Sole, the auction house’s lead independent director.

Ruprecht, 58, said he would continue working until a successor is chosen. He had joined the company more than 30 years ago and has led Sotheby’s as CEO since 2000.

“I am comfortable and confident saying Sotheby’s is well positioned for the next chapter of its success, and I will do all I can to contribute to a smooth leadership transition,” he said.

Dow Chemical also announced on Friday it had “arrived at an agreeable path forward” with Third Point and Loeb by adding four new independent directors to its board.

While the chemical giant accepted two of Loeb’s suggestions for new board members—Raymond Milchovich, former CEO of engineering conglomerate Foster Wheeler, and Steve Miller, the chairman of American International Group—it said all directors will work collaboratively.

“In any public company, directors have responsibility for making decisions about the future of the company on the basis of a collective majority, and that is how our board will continue to function going forward,” Dow Chemical said in a statement.

Last week, the activist investor stepped up the pressure on Dow Chemical by launching a website attacking its financial performance and CEO Andrew Liveris. The website has been taken down since the agreement has been made.

Third Point has also agreed to a one-year standstill agreement that prohibits the firm from publically criticizing Dow Chemical.

Related Content: Activism Skyrockets, But Investors Are Selling Fast, Activists Post Strong Returns, But at a Price, The Spillover Benefits of Hedge Fund Activism

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