Looks like a reprint of the earlier article is now up on govexec.com website today:
RETIREMENT PLANNING
April 20, 2007
Honey Pot
By Karen Rutzick
krutzick@govexec.com
Editor's Note: Columnist Tammy Flanagan will return next week. In the meantime, you might be interested in a feature written by Karen Rutzick on the inner workings of the Thrift Savings Plan. The story first appeared in the March 15 issue of Government Executive.
On Oct. 17, 2006, Terry Duffy made an $8 billion purchase. Duffy, executive chairman of the Chicago Mercantile Exchange, bought the Chicago Board of Trade. His move made the Merc, as it is called, the world's largest financial exchange, overtaking the New York Stock Exchange. So it is easy to understand why on Oct. 16, Duffy was busy - too busy, it turns out, to attend the monthly meeting to oversee the federal Thrift Savings Plan, of which he is a board member.
It wasn't his first absence.
In their spare time, Duffy and four fellow TSP board members oversee the $200 billion retirement plan. Nearly 4 million people -- federal employees, retirees and members of the uniformed services -- are saving money in the TSP, which functions like a 401(k) with up to 5 percent matching contributions from the government.
Congress created the plan in 1986 as part of the new Federal Employees Retirement System. Until then, employees had received a set pension based on their salary and the number of years they worked under the Civil Service Retirement System.
But CSRS, whose benefits were not portable, locked employees in golden handcuffs. To build their nest eggs, they had to remain employed with the federal government. FERS reduced the amount of pensions, added Social Security benefits to the package and created the TSP, which is portable.
Government automatically contributes 1 percent of employees' pay to the TSP and matches their contributions dollar for dollar up to 3 percent, and 50 cents on the dollar for an additional 2 percent of salary. CSRS employees can participate in the TSP, too, but they don't get matching funds.
As Sen. Richard Durbin, D-Ill., noted during Duffy's May 15, 2003, confirmation hearing: "The Federal Retirement Thrift Investment Board may be obscure to some, but it is not to the millions of federal retirees and current federal employees who are saving a portion of their earnings in anticipation of retirement."
Duffy responded in kind: "I understand the gravity of the responsibilities that I will be required to fulfill if my nomination is approved. Three million federal employees have invested more than $100 billion to assure a successful and productive retirement."
Four years later, the TSP has more than doubled its worth, but Duffy has been to Washington only four times to oversee it. Since Duffy's 2003 appointment -- he was the last of the five current board members to join -- the board met 42 times through the end of 2006. Twenty-nine of those meetings were face to face; 13 were telephone conferences. Duffy attended 25 of the 42. But for 21 of the 25, he phoned in from Chicago. Minutes from the meetings show that when he did phone in, he remained mostly silent.
Duffy declined to be interviewed for this story, but through a TSP spokesman -- who tracked Duffy down "in a car on his way to an airport somewhere in the world" -- he said, "As far as [my] attendance record, the record is the record."
TSP board members are simultaneously open and elusive. Membership is part time; last year, pay ranged from $4,000 to $22,000, because travel and preparation times varied. Most members are successful businessmen and large political donors. They are both private and public figures. Law requires them to conduct the monthly meetings in public, which they do, but all five board members and the executive director refused requests for interviews about Duffy's record, or the TSP in general.
Former board member Sheryl Marshall, appointed in 2000 by President Clinton, says the meetings are scheduled a year in advance to accommodate schedules. "It's just a responsibility, it's a fiduciary responsibility," Marshall says. "If you're not going to show up, you shouldn't be on the board."
Similarly, Marshall's fellow former board member and Clinton appointee Scott Lukins says, "That's where we did most of our decision-making -- all of it was made at these meetings. . . . You can't be giving your share if you're not attending the meetings."
Luckily for the 3.7 million TSP investors, Duffy's absenteeism is uncommon. By contrast, the other board members have near-perfect attendance records and travel to Washington for most meetings.
Chairman Andrew Saul and member Gordon Whiting live in New York; Alejandro Sanchez is from Florida and Thomas Fink is in Alaska. Saul, Whiting and Sanchez were appointed in 2002; Fink in 2000. They have presided over big changes to the plan -- and some big battles.
High Drama
The new board's very first meeting, in December 2002, was fraught with high drama. The month before, Roger Mehle, the longtime executive director, resigned to return to private law practice. He recommended James Petrick, an attorney and 16-year TSP employee, as his successor.
The previous board approved him for the lifetime appointment. But when the Bush-appointed board convened in Washington that December, Saul, Whiting, Sanchez and Fink forced Petrick to resign.
Their reasoning is not entirely clear. A transcript is among court documents from a lawsuit filed against the board by Mehle and the TSP's original executive director, Frank Cavanaugh, in the U.S. District Court for the District of Columbia. According to the transcript, Saul said that shortly after he was confirmed, Petrick called him at his Westchester, N.Y., home and spoke rudely to him, telling him not to talk to TSP staff without Petrick's permission. Saul also said six senior staff members told him they would quit rather than work under Petrick.
Mehle has his own theory. Saul's board hired Gary Amelio, former senior vice president of the retirement division of PNC Bank in Pittsburgh, as executive director. A month after Amelio's arrival, he and the board accepted a $5 million settlement with a contractor to close out the botched modernization of the TSP's computer system.
Under Mehle, who resigned in November 2002, the board had paid Fairfax, Va.-based American Management Systems $36 million for the failed modernization. Mehle and his board sued AMS, beginning a turf battle with the Justice Department over whether the board had standing to sue. Petrick was committed to the lawsuit, but Saul wanted to settle and Amelio agreed.
Whatever the reason, that December, the board handed Petrick a resignation letter and told him to sign it and return to his old job at the TSP or be fired. Petrick had just minutes to decide. He resigned.
Mehle a former Treasury Department assistant secretary under President Ronald Reagan, was chairman of the TSP Board from 1986 to 1994 and stepped down to become executive director. He is passionate about the lawsuit, which essentially alleges that the board violated its fiduciary duty to TSP participants by forcing out Petrick in order to settle the AMS lawsuit.
"
regard the things that were done as terribly abusive of the appropriate governance of the organization," Mehle says. He expects the judge to rule this year.
Amelio is now gone -- he left in January for a job as president of retirement services for Ullico Inc. of Washington, which provides insurance and investments for union members. The board selected Gregory Long, who served as the plan's director of product development for a year, as Amelio's replacement.
At his last board meeting, Amelio promised to support his successor. "I'm not going to be filing any fruitless litigation," he says.
In any case, the TSP that faces Long is vastly different from the one Amelio inherited.
Era of Change
Amelio and the board quickly ended the contractor lawsuit and ushered the TSP into an era of change. The biggest development since the plan's inception 20 years ago has been the switch to computerized records, allowing participants to move their investments every day.
After the system went online in mid-2003, Congress ended the two annual TSP open seasons and permitted participants to move their investments among funds at any time. As Saul said in a February 2007 meeting, daily valuation is "the heart of the whole change."
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