Consultant Corner: Are Investment Consultants Ready for Dodd-Frank?

From aiCIO Magazine's February Issue: Investment consultants on their level preparedness amid a changing regulatory environment.

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Have investment consultants failed in their duty to clients by being less than aware of the implications of the Dodd-Frank reforms on derivative use and other investment options—or does this distance reflect their unique, clearly defined roles?

When asked about how they’re advising their clients on regulation, a popular response from the investment consulting community is: “We haven’t been addressing this issue broadly with clients as we’re not experts on the implications of Dodd-Frank and other regulation.”

While investment consultants have perspectives on how regulation will impact their work and their clients, they often view their job as being distinctly focused on asset allocation. Among the investment consultant community, the proposed changes derived from Dodd-Frank are largely viewed as beneficial to investors as they increase transparency, reduce systemic risk, and would presumably improve swaps pricing. Some of the largest funds say they have the in-house resources to keep themselves aware of regulation independently.

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“Our consultant, Pension Consulting Alliance, is doing their job with asset allocation within the portfolio,” says Anne Sheehan, director of corporate governance at the California State Teachers’ Retirement System (CalSTRS). “We take the lead in educating the regulators on how we use derivatives. Our fund has always been big on transparency and openness. We don’t want regulators to do anything that would harm our ability to use derivatives effectively.”

However, many funds do not have the same level of in-house resources and are clearly concerned with how regulation may impact what they do. Many public plan CIOs have warned that Dodd-Frank may hurt investment returns for pension funds by shrinking OTC derivative markets and cutting opportunities for asset manager outperformance. In January, a survey conducted by research firm Finadium—which collected data from 90 public pension funds and conducted personal interviews with 26 chief investment officers in the United States—found 40% of executives were moderately or very worried about the impact incoming regulation would have on returns made on their portfolios. Only 30% said they were not concerned about the Dodd-Frank Act. “Besides the distraction of hedge funds having to manage registration requirements, plan sponsors were concerned that the OTC derivatives market may shrink, leaving asset managers with fewer options for alpha generation in their current strategies,” the survey said.

Additionally, respondents to the Finadium survey said they believed the regulation would have further long-term effects on the US securities market. “Managers expect that Dodd-Frank reform will drive good participants out of selected markets; people and firms will go where the opportunities are for the broadest cross-section of clients, and this may not coincide with the specific needs and interests of individual plan sponsors,” the survey concluded.

In early January, regulators in the United States approved new rules aimed at scrutinizing Wall Street swap abuse as part of Dodd-Frank regulation, attracting nods of approval by CalSTRS and others in the industry that depend on the derivatives market. In a 4-1 vote for revised regulations, the Commodity Futures Trading Commission (CFTC) approved rules to protect customer money in certain derivatives markets, softening responsibilities initially proposed for Wall Street banks. The new rules call for firms to segregate customers’ swaps money from the firms’ money, while also permitting a firm to pool all its customer money together in one account to lower administrative costs.

CalSTRS is one of many funds nationwide forging ahead with the use of derivatives—closely addressed by Dodd-Frank—despite a volatile regulatory and market environment that continues to attract questions about their use, confusion over their role within a portfolio, and concerns over the future of these investment vehicles to hedge against certain risks.

David Castillo, CalSTRS’ portfolio manager of global equity, states: “We remain cautiously optimistic with the regulatory issues you’re seeing. We have always insisted on segregation of collateral. We’re optimistic this will be a better marketplace in the future. Derivatives remain a tool for us, and we remain cautious and careful in our use of them.”

CalSTRS’ consultant Allan Emkin of PCA acknowledges that derivative use has grown as the size and amount of underlying securities has grown: “We’re much more concerned about speculative use of derivatives and how other parties may use them. The clients want maximum transparency and minimum cost.”

Emkin highlights the different role of investment consultants—in which consultants only provide strategic advice. With the investment management and plan sponsor community responsible for buying and selling investments, consultants often focus their attention on dealing with the “big picture” strategic issues and much less on implementation issues.

In reality, the advisor responsibility of investment consultants to institutional investors should be based on the size, complexity, and sophistication of their clients. Large funds will be more likely to have the in-house resources to stay aware of regulatory changes compared to mid-level and smaller funds, which will seek consultants to take on a very different, broader role—wearing many different hats, says Damian Handzy, CEO of Investor Analytics. “When it comes to regulation, the United States hasn’t seen anything yet—we’re going to see an upcoming wave of regulation as we look more and more like Europe’s highly regulated environment,” says Handzy. “If consultants don’t get in front of this, those firms will turn to someone else to help them,” he says, adding that consultants could certainly run profitable businesses purely focused on the implications of derivative use and other investment options, the Dodd-Frank reforms, and other regulation in the US.

The greater dialogue and concerns within the institutional investing community regarding the impact of Dodd-Frank on the ability to achieve outperformance, however, raises an important question for investment consultants, who have the fiduciary duty to help protect and advise on large pools of assets to the best of their ability. Are investment consultants doing a good job staying abreast of the changing regulatory climate, on the implications of evolving regulations on derivatives, and on financial instruments that would impact their clients?

The current divide between the responsibility of investment consultants to advise on asset allocation and the funds themselves to largely focus on staying abreast of the regulatory environment signals uncoordinated thinking about risk management, Handzy says. “Regulation plays into risk management,” he concludes. “Take the example of when the US temporarily halted short-sales of certain bank financial securities in the wake of Lehman’s crash. That regulatory decision had a profound impact on asset allocation—funds that partook in any hedging strategy became more highly correlated with the rest of the portfolio.”

While the demand on consultants may be more likely to come from smaller funds with less readily available governance resources, consultants with clients of all sizes should stay abreast of regulatory changes, Handzy and others say. Consultants cannot be “all things to all people,” and should focus on what they do well as opposed to stretching their resources. Some of those who say that staying aware of Dodd-Frank is not part of their jobs will be left behind as others capitalize on a volatile regulatory climate that shows no signs of slowing down, Handzy says.

Rates Rise; Then What?

From aiCIO Magazine's February Issue: What happens to the assets and liabilities of various capital pools when--not if--rates eventually rise?

To see this article in digital magazine format, click here.  

Picture a world in which the nominal yield on 10-year US Treasuries is hovering around 5%. Sounds like a strange place, right? It shouldn’t. Since the abandonment of the gold-pegged dollar in 1971, the average yield on 10-year government notes has been just north of seven percent and A-grade corporate bonds have, of course, paid more than that.

So imagine that interest rates have mean-reverted to levels more consistent with historical averages. What should pension managers consider at that point and, more importantly, what should they have considered while rates were lower?

This year started with the Fed’s announcement that there will be transparency over any planned interest rate hikes. In late January, Ben Bernanke said that rates would not rise until the end of 2014. For cautious investors, however, it is worth bearing in mind that the Fed is not the final arbiter of where real rates trend—the market is. And, while the market is currently signaling that higher rates are still a ways off, there is something inarguably apt about what that other Ben said (the one who concerned himself with US monetary affairs). Ben Franklin’s maxim was that by failing to prepare, you are preparing to fail.

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Rising rates will be generally welcomed by plans because liabilities become revalued downward with a higher discount rate. David Kelly, Principal at Mercer Investment Consulting, says “Most pensions see funded status improve 8-10% with a 1% rise in interest rates.” What makes upwardly mobile rates a true boon is that despite the increasing number of plans moving toward liability hedging strategies, the majority of plans maintain a significant duration mismatch between assets (two to five years for total assets) and liabilities (10-15 years). This makes liabilities far more sensitive to rate changes than assets.

When rates become frothier again and plans have options that have been out of sight since funding status levels went down the tubes in the late 2000s, what issues will sponsors face? Obviously, they will be in a better position to pay out participants via lump sums or outsource to third-party managers at lower costs. The majority of plans, however, will continue operations as usual—but will want to smooth out earnings volatility and reduce their interest rate risk.

The trouble those plans will have when rates rise is that there will likely be a shortage of fixed-income assets which fit sponsors’ criteria for quality and the ability to match liabilities. As funding statuses improve, a significant number of plans will want to cement their gains by buying products with durations that cover their obligations. As a result, Andy Hunt, Lead LDI Strategist with Blackrock, says “technicals due to supply and demand may overtake fundamentals in terms of the pricing of long corporate bonds.” Hunt predicts that pension plan demand for long corporate bonds is going to rise substantially over the next decade, reaching an estimated $1.2–$1.6 trillion by 2020, compared with the currently held amount of roughly $500 billion. The entire market of long investment grade corporate bonds is now only about $850 billion, much of which Hunt points out, “is held by life insurance companies who are unwilling sellers.”

Here is a possible result of a buy-up in corporates: those plans that do not acquire longer assets while they are available could potentially face spread compression that could increase the cost of their liabilities even if rates were rising. “The solution for those who are concerned about this,” Hunt says, “is to de-risk before the rush to those assets really starts.” He says another option is “to buy long corporate bonds and if they are worried about the effects of rising rates on asset values, use treasury futures to manage their treasury duration risk.”

Scott Minerd, CIO of Guggenheim Partners, adds that, “The dearth of high quality assets will be even more pronounced with the downgrade of global sovereigns.” He believes the solution lies in maintaining a core portfolio that will benefit from rate spikes. For Minerd, there is value in “floating rate asset-backed securities (ABS) and, specifically, collateralized loan obligations that have negative duration, causing them to rise in price when rates increase.”

Minerd suggests holding these “as barbells on the other side of 30-year AA zero coupon bonds which yield close to 6% annually and will outperform 30-year coupon bonds when short term rates begin to rise and the yield curve flattens.” He says portfolio duration of 10 years is theoretically possible with a variation on this mix and “the real payoff will come when rates finally rise and people step into the long end of the curve to reduce their current short duration positions.”

But as Minerd readily points out, ABS is still a four-letter word to many. For those seeking another approach to securing long-duration fixed-income assets before rates climb higher and pension demand heats up, a move toward a more conventional LDI strategy or a variation with a synthetic overlay may be prescient. This runs counter to the commonly held view of many managers that a low rate environment is the wrong time in which to hedge their liabilities with costlier bonds, but the case can be made that the cost of waiting is significant as well.

Rene Martel, Executive VP with PIMCO, believes “If it takes a few years for rates to rise, or if they do so in a non-parallel fashion across the curve, the opportunity cost of hiding in short durations could offset the presumed benefits of waiting for the opportune time to act.” Martel thinks in certain cases it is worthwhile for plan managers who believe rates will rise to consider “buying long bonds in advance of rising rates and shortening the portfolio duration to the desired level by using interest rate swaps or other derivatives.” This way, “plan sponsors can acquire long-dated corporate bonds before demand increases, and they could gain a yield advantage in excess of one hundred basis points while keeping a neutral duration exposure relative to traditional intermediate duration bond indices.” 

This strategy can also be combined with a pre-commitment to a gradual extension of duration as rates rise by selling interest rate options.  Martel says, “Plan sponsors can collect an additional one hundred basis points in annual income from the sale of options until rates have come up meaningfully.” According to Martel this strategy would be most suitable for plan managers who ultimately want to extend asset duration, but are not inclined to do so while rates are zero bound.

Many plan sponsors currently increase or patch up their duration with derivatives—but few are using them to shorten it. In both cases, it is important to understand and make contingencies for margin requirements. Rising interest rates will naturally have an adverse effect for plans that have margin accounts backing long derivatives positions used to extend duration. But, in the case of the strategy described above, because the plan is on the pay fixed side of a swap, the concern is that rates will languish or fall again, meaning swap values will drop contemporaneously. In that case, Martel says, “the underlying bond portfolio will likely be strengthening, thereby providing additional collateral to meet margin requirements on the swap position.” 

No matter what steps a plan takes toward ensuring they have room to maneuver in a higher interest-rate environment, when rates have risen, they could easily fall again—so implementation is critical. Vijendra Nambiar, Product Manager with PIMCO’s LDI team and a colleague of Martel’s, says, “We have seen that the decision-making process with some of plans can be a lengthy one, so plan sponsors may want to take steps well before they plan to act to educate and prepare their boards.” Mark Ruloff, Director of Asset Allocation with Towers Watson, agrees, saying “Operational issues are key and plans should have their goals written in the investment policy statement in advance of any necessary changes.”

For pension plans with any degree of duration mismatch, rising rates will present a positive arbitrage opportunity. Carefully constructed strategies focused on the fixed-income portion of a portfolio will give managers tools to lock in funding status improvements when some of the liability weight is lifted. Thus, the decisions made before rates rise are critical. In these paranormal times, and indeed when rates are up again, plan managers should heed the words of Isaac Asimov, the science fiction legend, who said that “No sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be.” —Aran Darling 

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