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CalPERS



 
 
The California Public Employees' Retirement System (CalPERS) is an agency in the California executive branch
California executive branch

The California executive branch of the state of California includes many agencies including those listed below....
 that "manages pension
Pension

In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment.The terms retirement plan or superannuation refer to a pension granted upon retirement ....
 and health benefits for more than 1.6 million California
California

California is a U.S. state on the West Coast of the United States of the United States, along the Pacific Ocean. It is bordered by Oregon to the north, Nevada to the east, Arizona to the southeast, and to the south the Mexico state of Baja California....
 public employees, retirees, and their families". In fiscal year 2007-2008, $10.88 billion was paid in retirement benefits, and in calendar year 2009 it is estimated that over $5.7 billion will be paid in health benefits.

As of December 2008, CalPERS managed the largest public pension fund in the United States with $179.2 billion in assets; however, that represented a 31% decrease from the peak value of its assets of $260.6 billion in October 2007.






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The California Public Employees' Retirement System (CalPERS) is an agency in the California executive branch
California executive branch

The California executive branch of the state of California includes many agencies including those listed below....
 that "manages pension
Pension

In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment.The terms retirement plan or superannuation refer to a pension granted upon retirement ....
 and health benefits for more than 1.6 million California
California

California is a U.S. state on the West Coast of the United States of the United States, along the Pacific Ocean. It is bordered by Oregon to the north, Nevada to the east, Arizona to the southeast, and to the south the Mexico state of Baja California....
 public employees, retirees, and their families". In fiscal year 2007-2008, $10.88 billion was paid in retirement benefits, and in calendar year 2009 it is estimated that over $5.7 billion will be paid in health benefits.

As of December 2008, CalPERS managed the largest public pension fund in the United States with $179.2 billion in assets; however, that represented a 31% decrease from the peak value of its assets of $260.6 billion in October 2007. CalPERS is known for its shareholder activism
Activist shareholder

An activist shareholder uses an equity stake in a corporation to put public pressure on its management. The goals of activist shareholders range from financial to non-financial ....
; stocks placed on its "Focus List" may perform better than other stocks, which has given rise to the term "CalPERS effect". Outside the U.S., CalPERS has been called "a recognized global leader in the investment industry", "one of America's most powerful shareholder bodies", and "the most important public pension fund in the United States".

History


Discussion about providing for the retirement of California state employees began in 1921, but only in 1930 did California voters approve an amendment to the State Constitution to allow pensions to be paid to state workers, and only in 1931 was state law passed to establish a state worker retirement plan. In 1932 the "State Employees' Retirement System" (SERS) began operation. The California State Employees Association
California State Employees Association

The California State Employees Association , founded in 1931 in Sacramento, California, is the largest state employee organization in California....
, established in 1931, began a close relationship with SERS that continues through this day.

In 1939, the state Legislature passed a bill that allowed local public agencies (such as cities, counties, and school districts) to participate in SERS. Initially SERS could invest only in bonds, but in 1953 a new state law allowed SERS to invest in real estate. SERS then built a , 16-story building in Sacramento
Sacramento, California

Sacramento is the Capital of the United States U.S. state of California, and the county seat of Sacramento County, California. Located along the Sacramento River and just south of the American River's confluence in California's expansive California Central Valley, it is the seventh-largest city in California.....
 which opened in 1965; part of the building housed SERS employees, and part of the building was leased to other state agencies.

The "first major new benefit for SERS members," health insurance, began in 1962 with the passage of a law that was later amended to become the "Public Employees' Medical and Hospital Care Act". Because by 1967 SERS was contracting with 585 local public agencies for retirement benefits, its name was changed to the "Public Employees' Retirement System" (PERS). With the passage of a ballot proposition and a state law in 1966-1967, PERS was allowed to invest 25% of its portfolio in stocks; in 1984, Proposition 21 removed the 25% limitation.

State Treasurer Jesse M. Unruh
Jesse M. Unruh

Jesse Marvin Unruh , also known as Big Daddy Unruh, was a prominent United States Democratic Party politician and the California State Treasurer....
 was a PERS Board member in the mid-1980s. He began PERS' emphasis on corporate governance
Corporate governance

Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation is directed, administered or controlled....
; in addition, he was instrumental in creating the Council of Institutional Investors, an organization of pension funds and other institutions that opposed "greenmail
Greenmail

Greenmail is money paid by a company to acquire its own shares of stock from a shareholder who is threatening to take control of, or unwanted influence over, the company....
 and other corporate practices that benefited only management".

In 1986, the headquarters building of PERS, now called "Lincoln Plaza North", was completed in Sacramento at a cost of $81 million. The building, which has , is known for its six-story-high atrium
Atrium (architecture)

In modern architecture, an atrium is a large open space, often several stories high and having a glazed roof and/or large windows, often situated within an office and usually located immediately beyond the main entrance doors....
 and landscaped terraces.

In 1991, Governor Pete Wilson
Pete Wilson

Peter Barton Wilson is an United States politician from California. Wilson served as the Republican Party thirty-sixth Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and five years as a California State Assembl...
 wished to use PERS funds to help cover a state budget deficit; however, Proposition 162, also known as the "California Pension Protection Act of 1992," gave the PERS board "the sole and exclusive fiduciary responsibility over the assets of" PERS.

To avoid confusion with public employees' retirement systems in other states, the organization's name was changed to "CalPERS" in 1992. By 1996 the CalPERS portfolio was worth $100 billion, and the number of members exceeded 1 million. In 2001-2002 CalPERS provided technical assistance for the Sarbanes-Oxley Act
Sarbanes-Oxley Act

The Sarbanes-Oxley Act of 2002 , also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called Sarbanes-Oxley, Sarbox or SOX, is a United States federal law enacted on July 30, 2002 in response to a number of major accounting scandals including those affecting Enron, Tyco...
 because it had sustained financial losses from the Enron
Enron

Enron Creditors Recovery Corporation was an American energy company based in Houston, Texas, Texas. Before its bankruptcy in late 2001, Enron employed approximately 22,000 and was one of the world's leading electricity, natural gas, pulp and paper, and communications companies, with claimed revenues of nearly $101 billion in 2000....
 and WorldCom
MCI Inc.

MCI, Inc. is an United States telecommunications company that is headquartered in Ashburn, Virginia. The corporation was the result of the merger of WorldCom and MCI Communications, and used the name MCI WorldCom followed by WorldCom before taking its final name on April 14, 2003 as part of the corporation's emergence f...
 bankruptcies.

In November 2005, CalPERS expanded its headquarters with the "Lincoln Plaza East & West" buildings which cost $265 million. The architecture of the buildings, which received praise, includes an entry tower high in a shape reminiscent of a tree which is made of steel covered with glass. The project was awarded a Gold Leadership in Energy and Environmental Design
Leadership in Energy and Environmental Design

The Leadership in Energy and Environmental Design Green Building Rating System, developed by the U.S. Green Building Council , provides a suite of standards for environmentally sustainable construction....
 (LEED) rating.

Current organization


Board of Administration

CalPERS is overseen by a 13-member Board of Administration whose members are elected, appointed, or ex officio:
  • Six are elected from CalPERS members (two by all CalPERS members, one by active State members, one by active CalPERS school members, one by active CalPERS public agency members, and one by retired members of CalPERS)
  • Three are appointed (two by the Governor, one by specified leaders of the Legislature)
  • Four are ex officio (California State Treasurer
    California State Treasurer

    The California State Treasurer is responsible for the state's investment and finance. The post has more narrow responsibilities and authority than the California State Controller....
    , California State Controller
    California State Controller

    The State Controller is the Chief Financial Officer of the State of California in the United States. The post has broader responsibilities and authority than the California State Treasurer....
    , Director of the Department of Personnel Administration, and designee of the State Personnel Board)


Notable past Board members have included Caspar Weinberger
Caspar Weinberger

Caspar Willard "Cap" Weinberger GBE , was an Politics of the United States and United States Secretary of Defense under President Ronald Reagan from January 21, 1981, until November 23, 1987, making him the third longest-serving defense secretary to date, after Robert McNamara and Donald Rumsfeld....
 (1967-1969), Jesse Unruh (1983-1987), Gray Davis
Gray Davis

Joseph Graham ?Gray? Davis, Jr. is an United States politician who served as California's 37th Governor of California from 1999 to 2003. Davis is a Democratic Party who was often known as a moderate....
 (1986-1994), Matt Fong
Matt Fong

Matthew Kip Ling Fong is a Republican Party political leader from California and former state Treasurer. He is a leading Asian Pacific American Republican leader in the United States....
 (1995-1998), Kathleen Connell
Kathleen Connell

Kathleen Connell was the California State Controller from 1995 until 2003. When she was Controller, she:* Ran for Los Angeles mayoral election, 2001 but lost in the primary....
 (1995-2003), Phil Angelides
Phil Angelides

Philip Nicholas "Phil" Angelides , is a California politician who was California State Treasurer and the unsuccessful Democratic Party nominee for Governor of California in the California gubernatorial election, 2006....
 (1999-2006), Willie Brown
Willie Brown (politician)

Willie Lewis Brown, Jr. served over thirty years in the California State Assembly, fifteen years as its Speaker, and afterward, as the only African-American mayor of San Francisco, California....
 (2000-2005), and Steve Westly
Steve Westly

Steven Paul Westly is an United States businessman and politician. He was the California State Controller of California from 2003 to 2007 and was one of the top candidates in the Democratic Party primary for Governor of California in the California gubernatorial election, 2006....
 (2003-2006). As of 2008, the current Board members are Rob Feckner (President), George Diehr (Vice President), Marjorie Berte, John Chiang
John Chiang (California politician)

John Chiang is a Democratic Party politician and has been California State Controller since January 8 2007. He previously served as Chair of the State Board of Equalization and represented the Fourth District, primarily serving southern Los Angeles County....
, David Gilb, Henry Jones, Bill Lockyer
Bill Lockyer

William Westwood Lockyer is the current California State Treasurer of California. Prior to this, he served as California Attorney General and head of the state Department of Justice....
, Priya Sara Mathur, Louis F. Moret, Tony Oliveira, Anne Sheehan, Kurato Shimada, and Charles P. Valdes.

Between 1999 and 2001, several conflicts among Board members were notable:
  • In 1999, after Board member Phil Angelides (also state treasurer) criticized a statement in a report minimizing the Armenian Genocide
    Armenian Genocide

    The Armenian Genocide , also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, the Great Calamity —refers to the deliberate and systematic destruction of the Armenian people population of the Ottoman Empire during and just after World War I....
    , Board chairman Charles Valdes said about Angelides "What we have here is a Greek treasurer who doesn’t like Turkey, the country; who doesn’t like Turks, who is trying to … drive our policy according to those ethnic hatreds". Angelides responded that he was "do[ing] what is best for the state". Valdes later apologized for the remarks.
  • Board member Kathleen Connell (also state controller) sued CalPERS in January 2001 to limit its investment managers' pay. Although CalPERS argued that the higher salaries were necessary to compete for qualified investment managers and that CalPERS had the authority under Proposition 162 to issue the higher salaries, it lost the lawsuit, which "helped prompt the fund's chief investment officer to quit".
  • Valdes endorsed a lawsuit against the Board's proposal to change its election procedures to require a majority vote (not simply a plurality vote) for Board seats chosen by CalPERS members.
In response to such conflicts, the Board took various measures (e.g., it adopted a "document of collegiality" in October 2001).

Other controversies have affected the Board, such as:
  • In 1998, it was discovered that several Board members were "taking expense-paid trips and other gifts from people trying to do business with" CalPERS.
  • Articles in 2002-2003 issues of BusinessWeek
    BusinessWeek

    BusinessWeek is a business magazine published by McGraw-Hill. It was first published in 1929 under the direction of Malcolm Muir, who was serving as president of the McGraw-Hill Publishing company at the time....
     and The Wall Street Journal
    The Wall Street Journal

    The Wall Street Journal is an English language international daily newspaper published by Dow Jones & Company in New York, New York with Asian and European editions....
     noted cronyism
    Cronyism

    Cronyism is partiality to long-standing friends, especially by appointing them to positions of authority, regardless of their qualifications. Hence, cronyism is contrary in practice and principle to meritocracy....
     and conflicts of interest
    Conflict of interest

    A conflict of interest occurs when an individual or organization has an interest that might compromise their reliability. A conflict of interest exists even if no improper act results from it, and can create an appearance of impropriety that can undermine confidence in the conflicted individual or organization....
     among Board members.
  • A president of the Board, Sean Harrigan, was removed from his position in December 2004 amid criticism for his activism on matters of corporate governance. He claimed his removal was politically motivated.


State employees

Approximately $332 million is budgeted in 2008-2009 for administrative functions in CalPERS, such as paying the salaries of 2,300 state employees.

The state employees perform under the direction of the chief executive officer
Chief executive officer

A chief executive officer or chief executive is typically the highest-ranking Corporate title or Administration in charge of total management of a corporation, company, non-profit organization, or government agency, reporting to the board of directors....
 (CEO) of CalPERS. The CEOs have been: Earl W. Chapman (1932-1956); Edward K. Coombs (acting, 1956); William E. Payne (1956-1974); Carl J. Blechinger (1975-1983); Sidney C. McCausland (1984-1986); Kenneth G. Thomason (acting or interim, 1987); Dale M. Hanson (1987-1994); Richard H. Koppes (interim, 1994); James E. Burton (1994-2002); Robert D. Walton (interim, 2002); Fred R. Buenrostro, Jr. (2002-2008); and Kenneth W. Marzion (interim, 2008-2009). In December 2008 CalPERS announced that Anne Stausboll, interim Chief Investment Officer, would become CEO as of January 2009.

Besides the CEO, the executive officer
Executive officer

While executive officer literally refers to a person responsible for the performance of duties involved in running an organization, the exact meaning of the role is variable, depending on the organization....
s of CalPERS are: Assistant Executive Officers for Administrative Services, Health Benefits, Information Technology Services, Member and Benefit Services, and Public Affairs; a General Counsel
Counsel

A counsel or a counsellor gives advice, more particularly in law matters.The legal system in England uses the term counsel as an approximate synonym for a Barristers in England and Wales ', and may apply it to mean either a single person who pleadings a cause, or collectively, the body of barristers engaged in a Legal case....
; a Chief Actuary
Actuary

An actuary is a business professional who deals with the financial impact of risk and uncertainty. Actuaries have a deep understanding of financial security systems, their reasons for being, their complexity, their mathematics, and the way they work ....
; and a Chief Investment Officer. Under the executive officers, state employees work in 19 major branches, divisions, and offices.

Income

CalPERS derives its income from investments, from member contributions, and from employer contributions.

Investments

Income or loss from investments fluctuates from year to year; between 1998-99 and 2007-08, the highest income was $40.7 billion in 2006-07 and the greatest loss was $12.5 billion in 2007-08. As of October 2008, CalPERS had a total of $186.7 billion in assets invested as follows: $104.9 billion (56.2%) in equities, $41.0 billion (21.9%) in fixed income, $20.9 billion (11.2%) in real estate, $16.2 billion (8.7%) in cash equivalents, and $3.7 billion (2.0%) in inflation linked assets.

Shareholder activism
Beginning in the 1980s, and especially in the early 1990s under CEO Dale Hanson, CalPERS has used its influence as one of the largest shareholders in the world to change the way certain things are done in business. It is especially known for its shareholder activism concerning corporate governance
Corporate governance

Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation is directed, administered or controlled....
, in which it has been described as the most influential pension fund and as "a leader among activist institutions".

Among other examples of its shareholder activism, CalPERS has:
  • Lobbied the board of General Motors
    General Motors

    General Motors Corporation , founded in 1908, is the world's second-largest automaker after Toyota, ranked by 2008 global unit sales. GM was the global sales leader for 77 consecutive calendar years from 1931 to 2008....
     (GM) "to take a more active role in monitoring the company, which may have been a factor in the GM board's ousting chairman Robert Stempel
    Robert Stempel

    Robert C. Stempel is a former Chairman and CEO of General Motors Corporation. He joined General Motors in 1958 as a design engineer at Oldsmobile and was key in the development of the front-wheel drive Oldsmobile Toronado....
     in 1992.
  • Demanded in 1999 that U.S. companies in its portfolio disclose their Y2K
    Year 2000 problem

    The Year 2000 problem was a notable computer bug resulting from the practice in early computer program design of representing the year with two digits....
     readiness.
  • Starting in 2000, "screen[ed] all its investments in emerging markets for compliance with a number of human rights, environmental and labor standards".
  • As of 2002, called on companies which operate in offshore havens to repatriate to the United States.
  • With other pension funds, on September 16, 2003, called upon Richard Grasso
    Richard Grasso

    Richard A. Grasso usually known by the nickname 'Dick,' was chairman and chief executive of the New York Stock Exchange from 1995 to 2003, the culmination of a career that began in 1968 when Grasso was hired by the Exchange as a floor clerk....
     to resign from the NYSE because of an exorbitant pay package; he resigned the next day.
  • In 2003, sued the NYSE and seven specialist firms over allegations that the firms' floor workers engage in practices which hurt investors. The firms "settled with the Securities and Exchange Commission in 2005 and paid more than $240 million in fines without admitting or denying guilt". The part of CalPERS' lawsuit aimed at the NYSE itself was later thrown out of court, and in 2008 the U.S. Supreme Court
    Supreme Court of the United States

    The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
     declined to reinstate that part of the lawsuit.
  • Called for reform in executive compensation
    Executive compensation

    Executive compensation is how top executives of business corporations are paid. This includes a basic salary, bonuses, shares, options and other company benefits....
    , especially Golden Parachute
    Golden parachute

    A golden parachute is an agreement between a company and an employee specifying that the employee will receive certain significant benefits if employment is terminated....
    s, in 2004.
  • In 2004, with other parties, opposed Michael Eisner
    Michael Eisner

    Michael Eisner was chief executive officer of The Walt Disney Company from September 22, 1984 to September 30, 2005....
     as chairman of the board and CEO of The Walt Disney Company
    The Walt Disney Company

    The Walt Disney Company is the largest media and entertainment corporation in the world. Founded on October 16, 1923, by brothers Walt Disney and Roy O....
    ; Eisner was removed as chairman of the board and in 2005 resigned as CEO.
  • In 2006, banned investment of its funds in nine companies that do business in Sudan
    Sudan

    Sudan is a country in northeastern Africa. It is the largest in the African continent and the Arab World, and List of countries and outlying territories by total area by area....
     until the government of that country halts ongoing genocide
    Genocide

    Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.While precise genocide definitions, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide ....
    ; however, that decision was described as "a largely symbolic gesture" because CalPERS "did not own a stake in any of the nine".
  • Since September 2006, participated as lead plaintiff in a successful class-action lawsuit against UnitedHealth Group
    UnitedHealth Group

    UnitedHealth Group Incorporated is a managed health care company. According to its company literature, UnitedHealth Group is a diversified health and well-being company dedicated to making health care work better....
     for options backdating
    Options backdating

    Options backdating is the practice of granting an employee stock option that is dated prior to the date that the company actually granted the option....
    . CalPERS had held "6.6 million shares of UnitedHealth stock valued at $360 million". In December 2008, a federal judge in Minnesota gave preliminary approval for UnitedHealth to pay $895 million to settle the lawsuit; furthermore, former UnitedHealth CEO William W. McGuire
    William W. McGuire

    William W. McGuire M.D. was the CEO of UnitedHealth Group Inc. from 1992 until 1 December 2006 . He attended the University of Texas-Austin and is a member of Lambda Chi Alpha Fraternity....
     would pay $30 million and another former executive would pay $500,000. The decision on final approval will be made in March 2009.
  • With other institutional investors, requested in 2007 that the government "set national, mandatory standards to cut greenhouse gas emissions".


CalPERS has received some criticism for its shareholder activism:
  • As of 2002, there was a concern that CalPERS' activism had distracted from "its effectiveness as a corporate watchdog and its ability to provide for the 1.3 million public employees whose pensions it guarantees".
  • Despite the efforts of CalPERS and others, the chief counsel of TIAA-CREF
    TIAA-CREF

    TIAA-CREF is one of the largest financial services companies in the United States, with $398 billion in assets under management as of September 30, 2008....
     was quoted in 2003 as saying that there has been "no countrywide improvement in corporate governance".
  • CalPERS votes against some companies' directors "whose sins are exceedingly small," such as "attendance gaps or minor conflicts".
  • Businesses describe CalPERS as having a "pro-labor agenda", especially because of the dominance of Democrats
    Democratic Party (United States)

    The Democratic Party is one of two major party contemporary political parties in the United States, along with the Republican Party . It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world....
     on CalPERS' board.
  • Some argue that CalPERS' actions unduly interfere with business and encourage the belief that California is "anti-business".


The Focus List and the "CalPERS effect"

Since 1987 CalPERS has placed certain companies on a "Focus List" each year. The criteria for the Focus List have changed over time, but it currently includes companies for which CalPERS has "concerns about stock and financial underperformance, and corporate governance practices". CalPERS works with these companies to improve their corporate governance and thereby improve their financial performance. In 2008, the Focus List companies were The Cheesecake Factory
The Cheesecake Factory

The Cheesecake Factory, Inc. is a restaurant company in the United States. The company currently operates 146 dining restaurants under The Cheesecake Factory name is in 34 states and the District of Colombia....
; Hilb, Rogal & Hobbs Co.
Hilb, Rogal & Hobbs Co.

Hilb, Rogal, & Hobbs Co. is a United States insurance firm....
; Invacare
Invacare

Invacare Corporation is world's leading manufacturer and distributor of non-acute medical equipments including wheelchairs, mobility scooters, walkers as well as respiratory products....
; La-Z-Boy
La-Z-Boy

La-Z-Boy Incorporated is a furniture manufacturer based in Monroe, Michigan, Michigan. It is one of the world?s leading residential furniture producers, marketing furniture for every room of the home....
; and Standard Pacific Homes
Standard Pacific Homes

Standard Pacific Homes is a Fortune 500 company based in Irvine, California engaged in the development of single-family homes. The company is the nation's 11th largest homebuilder by sales, and has built houses in California, Florida, Arizona, the Carolinas, Texas, Colorado and Nevada....
.

In 1994, Nesbitt published a study that found that companies on the Focus List trailed the S&P 500
S&P 500

The S&P 500 is a market value-weighted index published since 1957 of the prices of 500 market capitalization common stocks actively traded in the United States....
 prior to being put on the list, but outperformed the S&P 500 after being put on the list, and named this phenomenon the "CalPERS effect". The term has been used in the newsmedia. Whether a "CalPERS effect" actually exists has been studied in a number of subsequent papers, including but not limited to:
  • Smith (1996) determined that shareholder wealth increased for companies that adopted changes proposed by CalPERS or made changes that resulting in reaching a settlement with CalPERS; however, shareholder wealth decreased for companies that resisted CalPERS' proposals.
  • Wahal (1996) analyzed the efficacy of pension fund activism for CalPERS and eight other funds such as TIAA-CREF
    TIAA-CREF

    TIAA-CREF is one of the largest financial services companies in the United States, with $398 billion in assets under management as of September 30, 2008....
    . Of the firms targeted by the nine funds, "only firms targeted by Calpers experience[d] a positive stock price reaction".
  • Crutchley et al. (1998) discovered that CalPERS' "less visible activism" in 1995-1997 corresponded with less returns on stocks than in 1992-1994 when CalPERS' activism was more aggressive.
  • Two studies published by CalPERS staff (i.e., Anson et al.) in 2003-2004 found that stocks on the CalPERS Focus List experience "positive excess stock returns of about 12% over the three months following release of the list" and "an average one-year cumulative excess return of 59.4 per cent".
  • English et al. (2004) concluded that CalPERS targeting produces a statistically significant improvement in short-term returns but not necessarily in long-term returns (depending on the specific methods used to calculate long-term returns).
  • Nelson (2006) claimed that his study addressed problems in the methodologies of previous studies (e.g., by controlling for the "contaminating events" of Wall Street Journal articles appearing just before or just after the dates that CalPERS released Focus List information). He found "no evidence to support the persistence of a 'CalPERS effect'" after 1993.
  • Barber (2006) asserted that in his analyses "CalPERS activism yields small, but reliably positive, market reactions" in the short term. In contrast, although the long-term returns of companies "are uniformly positive and economically large" after being placed on the CalPERS Focus List, due to market volatility he could not conclude that the long-term returns were unusual. Barber's paper won a 2006 prize for best study in the area of socially responsible investing
    Socially responsible investing

    Socially responsible investing, also known as sustainable investing or ethical investing, describes an investment strategy which seeks to maximize both financial return and social good....
     from the Haas School of Business
    Haas School of Business

    The Walter A. Haas School of Business, better known as the Haas School of Business or simply Haas, is one of 14 schools and colleges at the University of California, Berkeley....
    .
  • Junkin and Toth (2008), in an update of Nesbitt's 1994 study, found that the "CalPERS effect" was still present in that "the average targeted company produced excess returns of 15.7% above their respective benchmark return on a cumulative basis," but that the effect had decreased over time.


Notable investments
  • The agency both lost and gained from investments in Enron (which went bankrupt in 2001) and its affiliated companies. Its losses included common stock worth $40 million; "stock in a different portfolio, some bonds and a separate investment in New Power Co." worth $100 million; and $4 million from the liquidation of Enron's JEDI II project (i.e., CalPERS had paid $175 million for its stake but received only $171 million in return). However, as CalPERS had earned $132.5 million from the sale of its stake in Enron's JEDI I project to Enron's Chewco
    Chewco

    Chewco was a company associated with Enron, which was largely involved in the bankruptcy of that company. It was named after the Star Wars character Chewbacca, because it was created to hide losses from the Joint Energy Development Investment Limited, known by its acronym "JEDI"....
     project, its total Enron losses were only about $11 million. Although CalPERS "was alerted by its advisers in December 2000 about the serious and potentially embarrassing conflicts inherent in one of a web of private partnerships set up by Enron's chief financial officer, Andrew S. Fastow", it later denied that it could have taken actions to prevent Enron's downfall. Nevertheless, as a result of the Enron experience, in 2002 the CalPERS board did resolve to improve accounting and auditing standards among companies in which it invests.
  • In 2002, the Republican Party questioned CalPERS' investing $100 million in a firm that was co-founded by a Democratic supporter. CalPERS denied any political influence in its investment decision.
  • In 2002, it was revealed that CalPERS had invested $700 million in venture capital funds of billionaire Ronald Burkle
    Ronald Burkle

    Ronald Wayne Burkle is an United States business magnate. Listed on Forbes magazine's 400 and known as a major political fundraiser, his present net worth is estimated at $3.5 billion....
     who had donated "$1.9 million to Democratic candidates and causes". Phil Angelides denied that CalPERS made its decision because of the donations.
  • As of 2002, CalPERS had invested $3.5 billion in "underserved areas of California".
  • In 2002, CalPERS evaluated emerging markets for "evidence of political stability, humane labor laws, a fair and functional legal system and financial transparency"; on the basis of the evaluation, CalPERS placed the Philippines on "probation" for investment. In 2004, a consultant's recommendation to remove the Philippines from the “approved” list "contributed to a 3.3% drop... in the $55-billion Manila stock market". By 2006 CalPERS had given higher ratings to the Philippines, for which its President Gloria Macapagal-Arroyo
    Gloria Macapagal-Arroyo

    Maria Gloria Macapagal-Arroyo is the fourteenth and current president of the Philippines. Arroyo is the country's second female president, and the daughter of late former Philippine President Diosdado Macapagal....
     personally expressed appreciation.
  • CalPERS has been criticized for being foolish to invest in collateralized debt obligation
    Collateralized debt obligation

    Collateralized debt obligations are a type of structured finance asset-backed security whose value and payments are derived from a portfolio of fixed-income underlying assets....
    s (CDOs) before the July 2007 mortgage meltdown and for not publicly addressing the issue.
  • In June 2008, after Los Angeles-area property developer LandSource filed for bankruptcy protection, CalPERS was criticized for having invested $947 million in LandSource in 2007; a CalPERS spokesperson described the investment as "small" relative to CalPERS' total assets.


Member contributions

Workers who are members of CalPERS contribute 5%-7% of their salaries for retirement benefits.

Employer contributions

On average, schools and other public agencies contribute 12.7% of payroll for their employees' retirement benefits; however, the rates can decrease if CalPERS' investments perform favorably and can increase if CalPERS' investments lose money. According to CalPERS, "The School Pool contribution rate is affected by the investment return of a given fiscal year in the second year that follows" and "Local public agency contribution rates are affected by the investment return of a given fiscal year in the third fiscal year that follows". CalPERS' earnings and losses are averaged over 15 years to prevent extreme changes in employers' contribution rates. Nevertheless, in 2008 "CalPERS warned that it might ask for more money from the state starting in July 2010 and from local-government employers starting in July 2011" if CalPERS' investments are performing poorly as of June 30, 2009.

Benefits provided to members

CalPERS provides benefits to all state government employees and, by contract, to local agency and school employees. CalPERS administers the following categories of benefits to members:
  • Retirement benefits under defined benefit plans
  • Deferred compensation
    Deferred compensation

    Deferred compensation is an arrangement in which a portion of an employee's income is paid out at a date after which that income is actually earned....
     and other supplemental income plans
  • Disability retirement
    Disability pension

    A disability pension is a form of pension given to those people who are permanently or temporarily unable to employment due to a disability....
     and industrial disability retirement
  • Death benefits
  • Health benefits
  • Long-term care
    Long-term care

    Long-term care is a variety of services which help meet both the medical and non-medical need of people with a chronic illness or disability who cannot care for themselves for long periods of time....
     benefits
  • Member Home Loan
    Mortgage

    A mortgage is the transfer of an interest in property to a lender as a security for a debt - usually a loan of money. While a mortgage in itself is not a debt, it is the lender's security for a debt....
     Program


Retirement benefits under defined benefit plans

As of June 30, 2008, CalPERS paid monthly allowances to 476,252 retirees, survivors, and beneficiaries, 86% of whom lived in California. In the year ending June 30, 2008, $10.88 billion in benefits were paid. The retirement benefits "are calculated using a member's years of service credit, age at retirement, and final compensation (average salary for a defined period of employment)," and the retirement formulas "are determined by the member's employer (State, school, or local public agency); occupation (miscellaneous (general office and others), safety, industrial, or peace officer/firefighter); and the specific provisions in the contract between CalPERS and the employer".

In addition, CalPERS administers the Legislators' Retirement System, Judges' Retirement System, and Judges' Retirement System II.

Besides CalPERS, California has a number of other public retirement systems, including:
  • At least 22 counties (Alameda, Contra Costa
    Contra Costa County Employees' Retirement Association

    Contra Costa County Employees' Retirement AssociationThe retirement association for Contra Costa County, California workers. It provides Defined benefit plans to the county and other local agencies.The Contra Costa County Employees? Retirement Association is a system that provides retirement benefits to employees of Contra Costa County and 16 p...
    , Fresno, Imperial, Kern, Los Angeles, Marin, Mendocino, Merced, Orange, Sacramento, San Bernardino, San Diego, San Francisco [also a city], San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Sonoma, Stanislaus, Tulare, and Ventura).
  • At least 6 cities (Concord, Fresno, Los Angeles, San Diego, San Francisco [also a county], and San Jose).
  • The University of California
    University of California

    The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University system and the California Community Colleges s...
    .
  • The California State Teachers' Retirement System (CalSTRS)
    CalSTRS

    The California State Teachers' Retirement System, known as CalSTRS, administers retirement, disability and survivor benefits for California's 813,000 public school educators and their families....
    .
CalPERS has reciprocity agreements with many of these California public retirement systems that allow retirees with service credit and contributions in two systems to receive payments from both systems.

Some people prefer defined contribution plans
Pension

In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment.The terms retirement plan or superannuation refer to a pension granted upon retirement ....
 to CalPERS' defined benefit plan
Pension

In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment.The terms retirement plan or superannuation refer to a pension granted upon retirement ....
. For example:
  • In 1996, Howard Kaloogian
    Howard Kaloogian

    Howard J. Kaloogian , United States politician, is a former member of the California State Assembly. A conservative Republican Party , he failed in 2004 to be elected to the United States Senate and in 2006 to be elected to the United States House of Representatives....
     sponsored a bill in the State Assembly to allow state employees to choose between CalPERS' defined benefit plan and a defined contribution plan; the bill failed in a State Senate committee.
  • In early 2005, Governor Arnold Schwarzenegger
    Arnold Schwarzenegger

    Arnold Alois Schwarzenegger is an Austrian-American bodybuilder, actor, businessman, and Politics of the United States, currently serving as the List of Governors of California Governor of California of the state of California....
     proposed a ballot initiative to require new public employees to join a 401(k)
    401(k)

    In the United States of America, a 401 plan allows a worker to save for retirement and have the savings invested while deferring income taxes on the saved money and earnings until withdrawal....
    -like plan, but dropped the proposal after opposition to a provision in the initiative to "reduce benefits for widows of officers and firefighters killed in the line of duty".
  • In November 2008, the voters of the city of Pacific Grove
    Pacific Grove, California

    Pacific Grove is a coastal town in Monterey County, California, USA, with a total population of 15,522 as of the 2000 census.Pacific Grove is known for its Victorian homes, Asilomar State Beach, its artistic legacy and the annual migration of the Monarch butterfly....
     passed an advisory measure to leave CalPERS in favor of a defined contribution plan.
Among other arguments, CalPERS claims that defined contribution plans cost more to manage than defined benefit plans and fail to provide adequate funds to retirees.

Deferred compensation and other supplemental income plans


CalPERS is responsible for a deferred compensation retirement plan (457 plan
457 plan

The 457 plan is a type of tax advantaged defined contribution retirement plan that is available for governmental and certain non-governmental employers in the United States....
) and two other plans to supplement income after retirement or permanent separation from State employment:
  • The CalPERS 457 Plan serves 27,141 local public agency employees and had $598 million in assets as of October 2008.
  • The Peace Officers' & Firefighters' Defined Contribution Plan, which had 40,994 participants and $297 million in assets as of October 2008, is funded by a State contribution of 2% of base pay.
  • A member-funded Supplemental Contributions Program for 727 State employees had $16.5 million in assets as of October 2008.


Disability retirement and industrial disability retirement


CalPERS offers two types of retirement benefits if a worker is disabled. In "industrial disability retirement," the "disability is due to a job-related injury or illness"; in contrast, "disability retirement" implies that the disability was not necessarily caused by employment. The specific benefits vary by employer, by the contract between CalPERS and the employer, and by the employee's occupation.

Two major controversies have affected CalPERS' disability retirement and industrial disability retirement program over the years. First, in the mid-1990s and again in the mid-2000s there were concerns about inappropriate industrial disability retirement for public safety personnel, including:
  • Some non-disabled persons fraudulently claim industrial disability retirement, such as "a 'disabled' highway patrol officer riding in a rodeo." Unfortunately, "state law forbids Calpers from requiring disabled retirees who are 50 or older to submit to another medical evaluation, even if there is evidence of possible fraud".
  • "A series of bills that expanded eligibility for these medical pensions - and made it easier to get them" increased costs for state and local governments.
  • The list of "disabilities automatically presumed to be job-related for public-safety workers" has grown to include diseases and conditions that may or may not be caused by employment, such as lower back pain, heart disease, cancer, syphilis, HIV, and mad cow disease
    Bovine spongiform encephalopathy

    Bovine Spongiform Encephalopathy , commonly known as Mad-Cow Disease , is a fatal, neurodegenerative disease in cattle, that causes a spongy degeneration in the brain and spinal cord....
    .
  • Retirees can receive two safety disability retirements for the same condition if they are covered by two separate pension systems.
  • Because California law prevents light-duty assignments in the California Highway Patrol
    California Highway Patrol

    The California Highway Patrol is the state police force of California. It was originally created in 1929 as a highway patrol agency to ensure road safety in California but assumed greater responsibility with the passage of time....
    , some officers are "forced to retire against their will."


Second, "a 1980 state law that tied public safety officers' disability benefits to the age at which they were hired" caused an age discrimination complaint with the Equal Employment Opportunity Commission
Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission is a federal agency charged with ending employment discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability and retaliation for reporting and/or opposing a discriminatory practice....
 (EEOC) in 1992 which eventually led to a 1995 class action lawsuit against CalPERS and other state and local agencies. In January 2003, CalPERS settled the suit by agreeing to pay $50 million in retroactive benefits and $200 million in future benefits to 1,700 officers; the settlement "was by far the largest in the EEOC's history". Furthermore, CalPERS agreed to not use an age-based formula in the future, which "basically nullifie[d]" the 1980 state law.

Death benefits


If a CalPERS member dies before retirement, CalPERS may provide death benefits to certain beneficiaries. The benefits can include one-time payments and monthly payments, but "depend on the member's age, years of service, job classification, employer's contract with CalPERS, eligible beneficiary, date of separation from employment, and whether or not they were eligible to retire at the time of death".

Health benefits

In 1961, the Meyer-Geddes Hospital and Medical Health Care Act was passed, which led to SERS' offering health insurance for state employees beginning in 1962. After the Health Maintenance Organization (HMO) Act of 1973
Health Maintenance Organization Act of 1973

The Health Maintenance Organization Act of 1973 , also known as the HMO Act of 1973, 42 U.S.C. ? 300e, is a law passed by the Congress of the United States that resulted from discussions Paul Ellwood had with what is today the United States Department of Health and Human Services....
, PERS began to deal with HMOs "to create more unified and standardized health care benefit rates". In 1978, the Meyer-Geddes Act was renamed the "Public Employees' Medical and Hospital Care Act".

By the early 1990s, CalPERS received national attention for its attempt at implementing "managed competition," which is the theory that health care costs "can be controlled by forcing health providers to compete with one another under government supervision". As of 1994-1995, CalPERS contracted with 24 health plans for its "over 900,000" members and was able to reduce health insurance premiums by 1% compared with 1993-1994. At the time CalPERS was "called a model for the so-called health alliances" proposed in the 1993 Clinton health care plan.

Rates continued to decline by 5.3% in 1996 and 1.4% in 1997, but rose by 2.7% in 1998 and 5.1% in 1999. CalPERS attracted national attention again in the mid-2000s, this time for health maintenance organization rate increases of 25% in 2004 and 18% in 2005. Meanwhile, the number of participating plans dropped to seven as of 2003, and "more than two dozen cities, counties and school districts" (representing 4% of membership) left CalPERS as of 2004 because of high medical insurance rates.

A 2006 study by the Government Accountability Office
Government Accountability Office

The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the Legislative branch of the Federal government of the United States....
 determined that from 1997 through 2002 the average annual growth in CalPERS premiums (6.5%) was lower than that of the Federal Employees Health Benefits Program (FEHBP, 8.5%) and of other surveyed employer-sponsored health benefit programs (7.1%); however, between 2003 and 2006-7, the average annual growth rate in CalPERS premiums (14.2%) was higher than that of FEHBP (7.3%) and of other surveyed employer-sponsored health benefit programs (10.5%). As of 2008, CalPERS eliminated copayment
Copayment

A copayment, or copay, is a capped contribution defined in the policy and paid by an insured person each time a medical service is accessed....
s for preventive care visits, raised copayments for other types of office visits, and took other measures in an attempt to reduce costs.

CalPERS will provide over $5.7 billion in health benefits "nearly 1.3 million active and retired state and local government public employees and their family members" as of 2009. Therefore, it was the nation’s second largest public purchaser of health benefits, behind the FEHBP which covered "about 8 million federal employees, retirees, and their dependents". Of the enrollees, 61% are state employees and 39% are local government and school employees; 74% are working and 26% are retired.

Enrollees can join three types of plans:
  • 68% are enrolled in health maintenance organization
    Health maintenance organization

    A health maintenance organization is a type of managed care that provides a form of health insurance in the United States that is fulfilled through hospitals, doctors, and other providers with which the HMO has a contract....
     plans administered by Blue Shield of California
    Blue Cross and Blue Shield Association

    The Blue Cross Blue Shield Association is an United States federation of 39 independent, community-based and locally operated Blue Cross and Blue Shield health insurance companies, in total covering over 100 million Americans....
     and by Kaiser Permanente
    Kaiser Permanente

    Kaiser Permanente is an integrated managed care organization, based in Oakland, California, founded in 1945 by industrialist Henry J. Kaiser and physician Sidney R....
    .
  • 25% are enrolled in preferred provider organization
    Preferred provider organization

    In health insurance in the United States, a preferred provider organization is a managed care organization of medical doctors, hospitals, and other health profession who have covenanted with an insurer or a third-party administrator to provide health care at reduced rates to the insurer's or administrator's clients....
     plans called "PERS Select," "PERSCare," and "PERS Choice" which are administered by Anthem Blue Cross (the California subsidiary of WellPoint
    WellPoint

    WellPoint, Inc. is a large, U.S. based health insurance company and the largest member of the BlueCross BlueShield Association. It was formed when WellPoint Health Networks, Inc....
    ).
  • 7% are enrolled in "association" plans for the California Correctional Peace Officers Association
    California Correctional Peace Officers Association

    The California Correctional Peace Officers Association , founded in 1957 as the California Correctional Officers Association , is the corrections officers' Trade union in California....
    , the California Association of Highway Patrolmen, and the Peace Officers Research Association of California.


Long-term care benefits


California's "Public Employees' Long-Term Care Act," as passed in 1990 and amended in 1996, led to CalPERS' administering a Long-Term Care Program for "all California public employees, retirees, their spouses, parents, parents-in-law, and adult siblings". Described as the "largest self-funded program of its kind", the program provides "nursing home care, residential assisted living, home health care, homemaker services and adult day care".

The program is funded by contributions and by proceeds from investments. During an economic downturn in 2002, premiums for the program rose an average of 9 percent to compensate for investment losses of $99 million. Another premium increase of an average of 33.6 percent occurred in 2007 due to "a projected $600 million shortfall in the program over the next 50 to 60 years". The causes of the deficit predicted as of 2007 were less investment income than expected, a higher volume of claims than expected, and a lower dropout rate than expected. By 2008, the program had almost 168,000 members who paid annual premiums of more than $310 million and who collectively received $76 million in benefits annually.

Member Home Loan Program

The CalPERS Member Home Loan Program assists members in buying or refinancing homes to be used as a primary residence. The program is open to members of the following: CalPERS, Legislators' Retirement System, Judges' Retirement System, and Judges' Retirement System II. The program offers reduced closing costs while providing a good rate of return to CalPERS itself. Citimortgage, the manager of the program, trains and approves participating lenders and loan officers (who must pass a test and are subject to re-certification each year). Between 1981 and 2008, over 133,000 home loans, including over 1,400 outside California, were made that were collectively worth over $21.9 billion. As of 2007, it was claimed that the CalPERS mortgage program was not affected by the U.S. subprime mortgage crisis
Subprime mortgage crisis

The subprime mortgage crisis is an ongoing financial crisis triggered by a dramatic rise in mortgage delinquency and foreclosures in the United States, with major adverse consequences for banks and financial markets around the globe....
 because of "its conservative lending standards".

Studies commissioned by CalPERS on its economic impacts


CalPERS commissioned three studies that were released in 2007-2008 about the economic impacts of the following:
  • CalPERS retirement benefits payments. Prepared by California State University, Sacramento
    California State University, Sacramento

    California State University, Sacramento is a public university located in the city of Sacramento, California, California. It is part of the California State University system....
    , and released in April 2007, this study found that the direct payments of $7.7 billion in 2006 led to a total impact (including "the ripple effect of business and government revenues as spending from... benefit checks works its way through the economy") of $11.8 billion.
  • CalPERS investments. Prepared by California State University, Sacramento, and released in September 2007, this study found that the direct investments of $8.3 billion in 2006 led to a total impact of $15.1 billion.
  • CalPERS health care benefits payments. Prepared by Lincoln Crow Benefits Research Group and released in April 2008, this study found that the direct payments of $4.2 billion in 2006 led to a total impact of $7.6 billion.


CalPERS touted the studies as demonstrating the value of the agency with news releases such as "CalPERS and CalSTRS Pensions Power Up State and Local Economies". The studies and their use by CalPERS were criticized as follows:
  • A reporter summarized the opinion of the lead author of the first study as "his study was never intended as any sort of implied commentary on the wisdom of CalPERS' policies".
  • If the money that CalPERS paid in benefits were returned to taxpayers, the money would be spent and would therefore still cause "ripple effects".
  • The economic impact "might be the same if a private investment firm managed the fund's portfolio".


Employee recognition program

Among other "offerings to ensure [its] workers are happy as well as healthy," CalPERS has an onsite Montessori method
Montessori method

The Montessori method is a child-centered alternative educational method for children, based on theories of child development originated by Italy educator Maria Montessori in the late 19th and early 20th centuries....
 child care facility, conducts employee surveys every two years, offers a training and wellness program, and administers a nationally known employee recognition program. The employee recognition program has several components:
  • An informal day-to-day employee-to-employee program with a “You are the Rock” theme. The program includes a river rock that is passed around to employees who are "rock solid," rock-shaped notes with appreciative sentiments written on them, and rock-themed e-card
    E-card

    An e-card is similar to a postcard or greeting card, with the primary difference being that it is created using digital media instead of paper or other traditional materials....
    s.
  • The quarterly ACE (Achieving Communication Excellence) award, consisting of a lapel pin and an informal celebration.
  • A formal annual recognition called APEX (Achieving Performance Excellence), with a crystal trophy, a cash award, and a luncheon.
  • Managers are "encouraged to thank workers more often" and "are graded for the amount of ongoing feedback they gave employees".


Two CalPERS employees received 2000 National Association for Employee Recognition (NAER)
Recognition Professionals International

Recognition Professionals International, , is a professional association which represents workers in the field of human resources. RPI works to promote the role of human resources as a profession, and provides networking, education, certification in workplace recognition....
 Recognition Champion Awards for the employee recognition program. In addition, CalPERS itself won a 2002 Best Practices award from NAER. The employee recognition program was reported to contribute to high employee satisfaction and a low employee turnover rate at CalPERS.

Sections of California constitution, laws, and regulations related to CalPERS

The legal authority for the activities of CalPERS can be found in the constitution, laws, and regulations of the state of California, including:
  • California Constitution
    California Constitution

    The Constitution of the State of California is the document that establishes and describes the duties, powers, structure and function of the Government of California of the U.S....
    , Article XVI, Section 17, under which (as amended by Proposition 162) "the retirement board of a public pension or retirement system shall have plenary authority and fiduciary responsibility for investment of moneys and administration of the system".
  • California Government Code
    California law

    File:Witkinninthedition.jpgCalifornia law consists of several levels, including constitutional, statutory, and regulatory law, as well as case law....
    , Title 2, Division 5, Parts 3-8 (i.e., Sections 20000-22970.89). Among other parts, Part 3 covers the administration of the retirement system including membership, contributions, and benefits; and Part 5 covers the Public Employees' Medical and Hospital Care Act on health benefits.
  • California Code of Regulations
    California Code of Regulations

    California Code of Regulations contains the text of the regulations that have been formally adopted by state agency. They are reviewed, approved, and made available to the public by the California Office of Administrative Law, and are also filed with the Secretary of State of California....
    , Title 2, Division 1, Chapter 2, Sections 550-559.554.


See also

  • California State and Consumer Services Agency
    California State and Consumer Services Agency

    The California State and Consumer Services Agency is a state Cabinet -level agency of the California executive branch of the U.S. state of California....


External links

  • Sacramento, California
    Sacramento, California

    Sacramento is the Capital of the United States U.S. state of California, and the county seat of Sacramento County, California. Located along the Sacramento River and just south of the American River's confluence in California's expansive California Central Valley, it is the seventh-largest city in California.....
    , June 19, 2008.
  • Greider, William. The Nation, February 10, 2005.