401(k) plans shouldn't jump the gun divesting firearm stocks

JAN 20, 2013
Plan sponsors may want to hold off if they are thinking of selling stocks of controversial companies such as firearms manufacturers, despite the fact that some public pension plans are reviewing their holdings of such stocks, some financial advisers say. New York is the latest state to freeze such investments. The New York State Common Retirement Fund confirmed last Tuesday that the fund — which has $150.1 billion in assets — is halting its investments in publicly traded commercial-firearm manufacturers. The move follows last Monday's call by Chicago Mayor Rahm Emanuel for five city pension funds to determine whether the fund managers hold equity or debt instruments from companies that either sell or make assault weapons. The review is the first step toward dropping the investments from the plans. But financial advisers and attorneys who specialize in the Employee Retirement Income Security Act of 1974 warn that other employers should think twice before making similar decisions, particularly if such divestments could put a dent in a retirement plan's returns. “From a plan standpoint, the primary purpose is to provide for the retirement benefits of the participants and beneficiaries,” said Richard K. Matta, principal at Groom Law Group. “Any other considerations have to be secondary.”

STRONG RETURNS

Indeed, companies such as firearms manufacturers Smith & Wesson Holding Corp. (SWHC) and Sturm Ruger & Co. Inc. (RGR) have had strong returns, beating the broader S&P 500. As of Jan. 14, trailing total annualized returns for Smith & Wesson were 71.46% for the one-year period, 24.16% for the three-year period and 8.75% for the five-year period. Sturm Ruger also experienced strong total returns of 39% over one year, 72.73% over three years and 48.08% over five years. By comparison, trailing total returns for the S&P 500 were 16.69% for the one-year period, 10.92% for the three-year period and 3.03% for the five-year period. As a result, removing such holdings — as well as “vice” stocks — could create a damper on returns. The Vice Investor Fund (VICEX), for instance, returned 23.17% last year, 16.73% for the three-year period and 2.43% for the five-year period. “All the work we've done on the subject suggests that if you go socially conscious, you should expect to underperform the S&P,” said Michael Francis, president of Francis Investment Counsel LLC. “That's not to say there aren't products out there that are consistently outperforming, but the overall impact has been a detractor to returns.” Mr. Francis noted that he hasn't received any recent questions from plan sponsors about investments that are connected to the firearms industry, but typically, hospitals and other nonprofit groups are the ones that prefer to invest in a socially conscious manner.

FIDUCIARY ROLE

On Jan. 9, the California State Teachers' Retirement Systems said that it would start divesting from firearms companies that manufacture weapons that are illegal in the Golden State. Since then, several large funds have followed suit. But employers seeking to replace their firearms stocks or other controversial holdings need to consider the rationale for the switch, such as whether the fiduciary is making a prudent call that the divestment is financially safer, Mr. Matta said. The Labor Department requires that such alternatives chosen by fiduciaries be either equal or superior to whatever investment they replace. Finding which investments are tied to controversial industries might not be easy, particularly when taking a closer look at the underlying stocks inside funds offered in a 401(k), said George Fraser, managing director at Retirement Benefits Group LLC. “How do you determine the relationship that those stock companies have with the gun companies?” he asked. “You may end up down to three mutual funds.” As a result, it may make better sense for employers to draw a line between social policy and the returns that they seek for their workers, said Marcia Wagner, managing director at The Wagner Law Group. “An underfunded pension plan should have one goal in mind: "What assets should we invest in to diminish the underfunded status?'” she said, noting that the caveat is that plans invest in accordance with the law. [email protected] Twitter: @darla_mercado

Latest News

Advisor moves: LPL lands $700M Cambridge team, &Partners adds $728M
Advisor moves: LPL lands $700M Cambridge team, &Partners adds $728M

Meanwhile, Janney picks up a $280 million Merrill Lynch veteran in Scranton as independent and hybrid platforms keep drawing teams

Elevation Point secures Merchant backing as Emigrant Partners exits
Elevation Point secures Merchant backing as Emigrant Partners exits

The breakaway-focused minority investor has staked 15 RIAs since 2024 as private sponsors increasingly trade stakes

Veterans lead civilians on financial confidence, Wells Fargo survey finds
Veterans lead civilians on financial confidence, Wells Fargo survey finds

New data shows veterans report stronger financial security, legacy confidence and career earnings momentum than non-veterans.

CW Advisors adds $1.6B with triple acquisition push into Texas and beyond
CW Advisors adds $1.6B with triple acquisition push into Texas and beyond

Osaic subsidiary continues to forge new routes to US high-net-worth and ultra-high-net-worth people.

Client 360 is table stakes - wealth platforms must now deliver client intelligence
Client 360 is table stakes - wealth platforms must now deliver client intelligence

Capco's Matt Berkowitz tells InvestmentNews that aggregating client data is no longer enough.

SPONSORED Best Practices for Engaging Women Around Alternatives

Growing wealth, evolving priorities, and untapped opportunities are reshaping how women approach long-term investing.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.