CA Legislation Would Require Pensions to Disclose Fees and Expenses of Alternative Investments
In February, California State Treasurer, John Chiang along with State Assemblyman Ken Cooley sponsored Assembly Bill (AB) 2833 which, if enacted, would require private equity firms to disclose fees and expenses for public pensions or retirement systems in California.
On March 17, 2016 Assemblyman Cooley submitted an amendment to the legislation that would include the University of California pension system as a pension covered by the newly proposed disclosure rules. Additionally, the legislation has been broadened to include all Alternative Investment Vehicles (defined as private equity funds, venture funds, hedge funds or absolute return funds) and require a disclosure of:
- Annual fees and expenses paid to an alternative investment vehicle
- Annual fees and expenses not previously disclosed including carried interest
- Annual fees and expenses paid by portfolio companies of the alternative investment vehicle
- The gross rate or return of each alternative investment vehicle since inception
Finally, the legislation would require public pensions or retirement systems to have an annual meeting that is open to the public. At the public meeting the public pension or retirement system would be required to disclose:
- Any fees and expenses required to be disclosed as listed above, subject to the exceptions provided in the California Public Records Act Section 6254.26
The full text of the amended AB 2833 can be found here.
Our prior post on the public pension fee and expense disclosure can be found here.