Kapila Gohel

08/10/2009 Author: Kapila Gohel

State laws present a barrier to inflows

Nobody is quite sure just how much capital is making its way back into hedge funds. Most have it that pensions, foundations and endowments have regained their appetite for alternatives, but where hedge funds are struggling is in attracting new investors.

In some cases, notably in the US, state statutes prevents retirement systems from investing in hedge funds, but that now looks to be changing – slowly. The Jacksonville Fire & Police Pension Fund in Florida has been lobbying to have more choice over its investment decisions, but the process is a long one. HFMWeek spoke to fund administrator John Keane in May 2008 and only last month did Jacksonville get the go-ahead to invest in real estate.  

Eric Smith, principal at Governance Inc, a lobbyist firm employed to fight the Jacksonville case, said: “Had they been able to invest in hedge funds, Jacksonville would have seen better returns. We are trying to gain an equal footing, so they have no more restrictions than other state pensions.”

US States have different restrictions on who can invest in hedge funds, among other asset classes. Massachusetts only allows pensions greater than $150m in size to invest – leading the $140m Holyoke Public Employees Retirement System (see story, opposite) which narrowly misses out on the threshold, to begin a campaign to petition the state – while some states, such as Michigan, limit the size of pension’s alternative allocations.

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