Riley: Default, Theft, and Renewed Call for SEC Providence Pension Investigation

Michael G. Riley, GoLocalProv MINDSETTER™

Riley: Default, Theft, and Renewed Call for SEC Providence Pension Investigation

Riley asks the SEC once again to look into Providence's pension numbers - and if they add up.
The following are communications provided by GoLocalMindsetter Michael Riley to Rhode Island Auditor General Dennis Hoyle, followed by Providence Mayor Jorge Elorza. Both letters were sent on Monday. 

Dear Mr Hoyle,

I am still unsatisfied that the Providence pension numbers add up. I am persuaded that the Segal Valuation 2013 and 2014 rulings properly removed the same claimed pension asset that you think exists and they thus added 63 million to pension liabilities. Yet, the Providence June 30, 2015 CAFR issued by the city and reviewed by you continues to identify those assets (a.k.a. city's confiscation of pension assets)  as a legitimate asset in the Pension Plan. 

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As I have said, this overstates the assets, and since these funds are not invested through out the period you claim they exist it overstates the funded ratio and understates the funding necessary to sustain the pension plan. Providence is already the worst funded capital city pension plan in America. 

The correct funding ratio is in the teens when assets are properly reflected and an appropriate discount rate is used. The city is rated near junk by Fitch and that is despite the protections to RI general obligation bond holders.

It seems to me that a current liability (owed to pension plan) that is never paid within one year is in fact a default. Rolling over the same liability annually to the pension plan is actually theft. I am not at all confident the timing issues involved in the cash flow maneuvers over the last 15 years have properly compensated the plan at the 8.25% discount rate. I continue to request the SEC look into this accounting.

Michael G Riley

Letter to Elorza

You are the Chairman of the Providence Pension Fund “Board of Investment." As fiduciary of that plan you and your commission members are responsible for the identification of pension assets and the investment of those assets for the benefit of plan beneficiaries. Please provide a list of the assets in the pension plan as of June 30, 2015 as you have somewhat provided in the CAFR. 

With that list, please identify the rate of return you project that plan beneficiaries can expect on that asset. Several reports show the pension plan has only $260 million invested in traditional investments. It is not so clear what the other assets are and what rate of return they receive. I presume they are expected to return 8.25%, as that is the discount rate that you have specifically chosen and approved.

As a property holder in Providence I am concerned the financial condition of the city has been misrepresented by you and your commission. Is the pension fund truly funded at the rates you state or are the assets in the pension plan overstated? If they are overstated, how long has this existed? Overstating the assets obviously understates the funded ratio and understates the ARC. 

So what is the correct funding ratio and the new and higher projected ARC? Thank you in advance for your response as fiduciary of the Providence Pension Plan and as Fiduciary and Mayor of the City of Providence. Taxpayers, beneficiaries and Municipal bond holders rely on the accuracy of the reports you have provided to the public.

Michael G. Riley is vice chair at Rhode Island Center for Freedom and Prosperity, and is managing member and founder of Coastal Management Group, LLC. Riley has 35 years of experience in the financial industry, having managed divisions of PaineWebber, LETCO, and TD Securities (TD Bank). He has been quoted in Barron’s, Wall Street Transcript, NY Post, and various other print media and also appeared on NBC News, Yahoo TV, and CNBC. 

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