The following is testimony was given in support of HB 2601 on Feb 16, 2023 to the House Committee On Emergency Management, General Government, and Veterans. You can read the 170+ submissions of written testimony submitted here.
My name is Rick Pope. I am a retired member of the Oregon State Bar and a PERS contingent beneficiary. I am speaking on behalf of Divest Oregon that includes unions with 66,000 PERS members and 100 statewide coalition organizations with youth, elders, faith communities, and racial justice groups.
A trustee has the duty of highest candor. We are not getting candor from the Treasury team. Why aren’t we?
1. All the while it claimed divestment is imprudent, Treasury did not release from an ongoing public records request its own expert’s “deep dive” study that says the exact opposite. The suppressed report says in any scenario of energy transition, fossil fuel divestment from public equities alone would generate $500 million to $1.4 billion more for OPERF over 5 to 20 years. It also ranked fossil fuels at the top of overall future investment risks for OPERF. Why didn’t the Treasury team use any of their time to explain this report to this committee last week? Why do PERS beneficiaries have to try to do it in 2 minute sound bites?
2. Treasury’s retained climate expert warned 17 months ago of substantial risk to OPERF from climate change. The Treasurer says he cares deeply. But Treasury’s investment bureaucracy ignored climate risks and opportunities in OPERF’s latest strategic asset allocation. And Treasury has no documented climate-specific policy for how to address climate risks in OPERF’s portfolio.
3. The Treasurer claims that OPERF is a No. 1 performer for 2022-implying don’t mess with success. But national figures for earlier years show OPERF is below average among top tier plans. Why this difference? The claimed performance bump results from a temporary artificial bubble in private investments. All your witnesses last week –the Treasurer, Rex Kim, and Kevin Olineck of PERS–know the bubble will pop in coming quarters. They’ve been told that the last three Oregon Investment Council meetings. Their claim shows much more about their lack of candor to the Legislature than it does about OPERF’s performance.
4. Treasury staff doesn’t want to be constrained by statute-who does? But staff needs to understand who sets policy. For a salient example, OPERF's large amounts of high-risk private equity investments for years have been far above the policy target established by the Oregon Investment Council. Staff’s response boils down to “so what?”
5. The Treasurer says a complicated and time consuming decarbonization review of OPERF is the way to go. But Treasury and the OIC can’t execute their current review responsibilities. They are already 2½ years overdue on a regular comprehensive audit of its investment policies, practices and specific investments that is mandated by statute. There is no end in sight to the delay.
6. And our Treasury has not had a fully functional audit program since December 2018, perhaps because it wouldn’t our couldn’t retain a Chief Audit Executive. That’s a pre-Covid failure.
7. The Treasurer claims fossil fuel divestment would violate his fiduciary duty. He omitted to tell you the Treasury has been investing the $360 million state Public University Fund under fossil-free restrictions, a form of divestment, since 2019.
8. Finally, three Oregon Attorney General opinions, four statutes, one OIC formal divestment policy, the Treasury’s 2016 investment audit, and ERISA regulations for private pensions all permit consideration of social issues in pension investing so long as there is equal or greater economic value. And the only data that’s been put on the table shows fossil fuel divestment is a money maker for OPERF.
Thank you for working to bring greater transparency and accountability to the Oregon Treasury for PERS beneficiaries and all Oregonians.