Telling fiduciaries of private plans to steer clear, but board of TSP to avoid Chinese stocks
On June 23 the Department of Labor, or DOL, released a strongly worded rule for private pensions covered by the Employee Retirement Income Security Act of 1974 saying that: “It is unlawful for a fiduciary to sacrifice return or accept additional risk to promote a public policy, political, or any other nonpecuniary goal.”
While clearly condemning social investing in ERISA plans, the DOL Secretary issued a letter on May 11 to the Thrift Savings Plan — the retirement saving vehicle for federal government employees — ordering it to not include equities in Chinese companies in its investment options. In 2019, the board reviewed its decision after bipartisan appeals from six U.S. Senators, but reaffirmed its position, with an effective date of June 1, 2020. In April 2020, several former military leaders issued an open letter warning of the dangers of such a change in policy. Press accounts indicate the letter was released in coordination with the Committee on the Present Danger: China, a group established last year by Stephen K. Bannon, former chief strategist to President Trump.
Thus, the argument appears to be both national security and investment risk. Indeed, SEC Chairman Jay Clayton warned in April that Chinese disclosures are inadequate and that investors should be careful when considering investments in Chinese equities.
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