This is the accessible text file for GAO report number GAO-11-901SP 
entitled 'Defined Benefit Pension Plans: Plans Face Challenges When 
Investing in Hedge Funds and Private Equity' which was released on 
August 31, 2011. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as 
part of a longer term project to improve GAO products' accessibility. 
Every attempt has been made to maintain the structural and data 
integrity of the original printed product. Accessibility features, 
such as text descriptions of tables, consecutively numbered footnotes 
placed at the end of the file, and the text of agency comment letters, 
are provided but may not exactly duplicate the presentation or format 
of the printed version. The portable document format (PDF) file is an 
exact electronic replica of the printed version. We welcome your 
feedback. Please E-mail your comments regarding the contents or 
accessibility features of this document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

United States Government Accountability Office: 
GAO: 

Statement: 

Before the U.S. Department of Labor's Advisory Council on Employee 
Welfare and Pension Benefit Plans: 

For Release on Delivery: 
Expected at 8:30 a.m. EDT:
Wednesday, August 31, 2011: 

Defined Benefit Pension Plans: 

Plans Face Challenges When Investing in Hedge Funds and Private Equity: 

Statement of Barbara Bovbjerg: 
Managing Director Education, Workforce, and Income Security: 

GAO-11-901SP: 

GAO Highlights: 

Highlights of GAO-11-901SP, statement before the U.S. Department of 
Labor’s Advisory Council on Employment Welfare and Pension Benefit 
Plans. 

Why GAO Did This Study: 

Millions of Americans rely on retirement savings plans for their 
financial well-being in retirement. Plan sponsors are increasingly 
investing in assets such as hedge funds (privately administered pooled 
investment vehicles that typically engage in active trading 
strategies) and private equity funds (privately managed investment
pools that typically make long-term investments in private companies).
Given ongoing market challenges, it is important that plan fiduciaries 
apply best practices, and choose wisely when investing plans assets to 
ensure that plans are adequately funded to meet future promised 
benefits. 

This statement addresses (1) what is known about the extent to which
defined benefit plans have invested in hedge funds and private equity, 
(2) challenges that such plans face in investing in hedge funds and 
private equity, (3) steps that plan sponsors can take to address these 
challenges, and (4) the implications of these challenges for plan 
sponsors and the federal government. 

To prepare this statement, GAO relied primarily on its prior products 
on hedge funds and private equity (GAO-08-692 and GAO-10-915T), and 
obtained new data on the extent of plan investments in hedge funds and 
private equity. 

What GAO Found: 

A growing number of private and public sector pension plans have 
invested in hedge funds and private equity, but such investments 
generally constitute a small share of total plan assets. According to 
a survey of large plans, the share of plans with investments in hedge 
funds grew from 11 percent in 2001 to 60 percent in 2010. Over the 
same time period, investments in private equity were more prevalent 
but grew more slowly—-an increase from 71 percent of large plans in 
2001 to 92 percent in 2010. Still, the average allocation of plan 
assets to hedge funds was a little over 5 percent, and the average 
allocation to private equity was a little over 9 percent. Available 
data also show that investments in hedge funds and private equity are 
more common among large pension plans, measured by assets under 
management, compared with midsize plans. Survey information on smaller 
plans is unavailable, so the extent to which these plans invest in 
hedge funds or private equity is unknown. 

Hedge funds and private equity investments pose a number of risks and 
challenges beyond those posed by traditional investments. For example, 
investors in hedge funds and private equity face uncertainty about the 
precise valuation of their investment. Hedge funds may, for example, 
own thinly traded assets whose valuation can be complex and 
subjective, making valuation difficult. Further, hedge funds and 
private equity funds may use considerable leverage—the use of borrowed 
money or other techniques—which can magnify profits, but can also 
magnify losses if the market goes against the fund’s expectations. 
Also, both are illiquid investments—-that is they cannot generally be 
redeemed on demand. Finally, investing in hedge funds can pose 
operational risks-—that is, the risk of investment loss from 
inadequate or failed internal processes, people, and systems, or 
problems with external service providers rather than an unsuccessful 
investment strategy. 

Plan sponsors GAO spoke with address these challenges in a number of 
ways, such as through careful and deliberate fund selection, and 
negotiating key contract terms. For example, investors in both hedge 
funds and private equity funds may be able to negotiate fee structure 
and valuation procedures, and the degree of leverage employed. Also, 
plans address various concerns through due diligence and monitoring, 
such as careful review of investment, valuation, and risk management 
processes. 

The Department of Labor (Labor) has a role in helping to ensure that 
private plans fulfill their fiduciary duties, which includes educating 
employers and service providers about their fiduciary responsibilities 
under Employee Retirement Income Security Act of 1974 (ERISA). 
According to plan officials, state and federal regulators, and others, 
some pension plans, such as smaller plans, may have particular 
difficulties in addressing the various demands of hedge fund and 
private equity investing. In light of this, in 2008, GAO recommended 
that Labor provide guidance on the challenges of investing in hedge 
funds and private equity and the steps plans should take to address 
these challenges. Labor generally agreed with our recommendation, but 
has yet to take action. The agency explained that the lack of 
uniformity among these investments could complicate the development of 
comprehensive guidance for plan fiduciaries. 

View [hyperlink, http://www.gao.gov/products/GAO-11-901SP]. For more 
information, contact Barbara Bovbjerg at (202) 512-7215 or 
bovbjergb@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Council, 

I am pleased to be here today to discuss plan fiduciaries' investments 
in hedge funds and private equity.[Footnote 1] As you know, millions 
of Americans rely on retirement savings plans for their financial well-
being in retirement. Much has happened in the financial markets since 
we issued three reports in 2008--one that addressed defined benefit 
(DB) pension plan investments in hedge funds and private equity, 
another that addressed federal oversight and other issues regarding 
hedge funds exclusively, and a third that addressed private equity 
funds.[Footnote 2] Hedge funds were deeply affected by the financial 
market events of 2008. According to a 2009 industry survey, most hedge 
fund strategies produced double-digit losses in 2008, and hedge funds 
saw approximately $70 billion in redemptions between June and November 
2008.[Footnote 3] Nevertheless, many of these investments have 
rebounded, and a 2010 industry survey of institutional investors 
suggests that these investors continue to be committed to investing in 
hedge funds, but with a shifting set of objectives and criteria. 
[Footnote 4] 

My statement today is based primarily on findings from our 2008 report 
on private and public sector DB pension plan investments in hedge 
funds and private equity, and a subsequent 2010 testimony that we have 
updated to reflect more recent data.[Footnote 5] Specifically, my 
comments will focus on (1) the extent to which DB plans have invested 
in hedge funds and private equity, (2) challenges that such plans face 
in investing in hedge funds and private equity, (3) steps that plan 
sponsors can take to address these challenges, and (4) the 
implications of these challenges for plan sponsors and the federal 
government. In addition, we currently have work under way examining DB 
plans' recent experiences investing in these vehicles. Specifically, 
this project--being conducted for the ranking member of the 
Subcommittee on Health, Employment, Labor and Pensions of the House 
Committee on Education and the Workforce--seeks to assess the extent 
to which DB plans have realized desired benefits from investing in 
hedge funds and private equity, and what actions they may have taken 
in response to lessons learned over the last 5 years. We expect to 
issue a report on this work early next year. 

In conducting our prior work, we reviewed relevant literature and 
survey data and conducted in-depth interviews with pension plan 
representatives and industry experts. We obtained and analyzed data on 
the extent of pension plan investments in hedge funds and private 
equity from private organizations such as Greenwich Associates and 
Pensions & Investments. We updated these data for purposes of my 
statement today. We also conducted in-depth interviews with 
representatives of 26 public and private sector DB pension plans and 
obtained and reviewed available supporting documentation. These plans 
were selected based on several criteria, including the range of 
investment in hedge funds and private equity and the amount of total 
plan assets. We also interviewed officials of regulatory agencies, 
relevant industry organizations, investment consulting firms, and 
other national experts. We conducted our work in accordance with 
generally accepted government auditing standards. Additional 
information on our scope and methodology is available in the published 
reports. 

A Growing Number of Pension Plans Are Investing in Hedge Funds or 
Private Equity, but Such Investments Are Generally a Small Portion of 
Plan Assets: 

We reported in 2008 that DB plan investments in hedge funds and 
private equity have grown, but such investments are generally a small 
portion of plan assets. This remains the case today. According to a 
Pensions & Investments survey, the percentage of large plans (as 
measured by total plan assets) investing in hedge funds grew from 11 
percent in 2001 to 60 percent in 2010 (see fig. 1). Over the same time 
period, the percentage of large plans that invest in private equity 
grew at a much slower rate--71 percent to 92 percent--likely because 
of the fact that a much larger percentage of plans were already 
invested in private equity in 2001. 

Figure 1: Share of Large DB Plans Investing in Hedge Funds and Private 
Equity from 2001 to 2010: 

[Refer to PDF for image: vertical bar graph] 

Year: 2001; 
Hedge funds: 11%; 
Private equity: 71%. 

Year: 2002; 
Hedge funds: 14%; 
Private equity: 68%. 

Year: 2003; 
Hedge funds: 15%; 
Private equity: 67%. 

Year: 2004; 
Hedge funds: 21%; 
Private equity: 71%. 

Year: 2005; 
Hedge funds: 27%; 
Private equity: 75%. 

Year: 2006; 
Hedge funds: 36%; 
Private equity: 77%. 

Year: 2007; 
Hedge funds: 47%; 
Private equity: 80%. 

Year: 2008; 
Hedge funds: 49%; 
Private equity: 84%. 

Year: 2009; 
Hedge funds: 51%; 
Private equity: 90%. 

Year: 2010; 
Hedge funds: 60%; 
Private equity: 92%. 

Source: GAO analysis of Pensions & Investment 2001-2010 annual survey 
data. 

[End of figure] 

Data from the same survey reveal that investments in hedge funds and 
private equity typically constitute a small share of plan assets. The 
average allocation to hedge funds among plans with such investments 
was a little over 5 percent in 2010. Similarly, among plans with 
investments in private equity, the average allocation was a little 
over 9 percent. Although the majority of plans with investments in 
hedge funds or private equity have small allocations to these assets, 
a few plans have relatively large allocations, according to the 
Pensions & Investments survey. Of the 78 large plans that reported 
hedge fund investments in 2010, 20 had allocations of 10 percent or 
more (see figure 2). The highest reported hedge fund allocation was 33 
percent of total assets. Similarly, of the 121 plans that reported 
private equity investments in 2010, 34 had allocations of 10 percent 
or more, and the highest reported private equity allocation was 30 
percent. 

Figure 2: The Number of Large DB Plans with Investments in Hedge Funds 
or Private Equity by Size of Allocation, 2010: 

[Refer to PDF for image: stacked vertical bar graph] 

Pension plan: Private equity; 
Plans investing 10 percent or more of total assets: 87; 
Plans investing less than 10 percent of total assets: 34; 
Total number of plans: 121. 

Pension plan: Hedge funds; 
Plans investing 10 percent or more of total assets: 58; 
Plans investing less than 10 percent of total assets: 20; 
Total number of plans: 78. 

Source: GAO analysis of Pensions & Investment 2010 annual survey data. 

Note: A total of 121 large DB plans reported investing in private 
equity, and a total of 78 large plans reported investing in hedge 
funds. 

[End of figure] 

Available survey data show that larger plans, measured by total plan 
assets, are more likely to invest in hedge funds and private equity 
compared with midsize plans. As shown below, a 2010 survey by 
Greenwich Associates found that 22 percent of midsize plans--those 
with $250 million to $500 million in total assets--were invested in 
hedge funds compared with 40 percent of the largest plans--those with 
over $5 billion in total assets (see fig. 3). Survey data on plans 
with less than $200 million in assets are unavailable and, in the 
absence of this information, the extent to which these smaller plans 
invest in hedge funds and private equity is unclear.[Footnote 6] 

Figure 3: Pension Plans with Investments in Hedge Funds and Private 
Equity by Size of Total Plan Assets, 2010: 

[Refer to PDF for image: vertical bar graph] 

Size of plan: $250 - 500 million; 
Hedge funds: 22%; 
Private equity: 12%. 

Size of plan: $501 million-$1 billion;	
Hedge funds: 29%; 
Private equity: 34%. 

Size of plan: $1-5 billion;	
Hedge funds: 35%; 
Private equity: 40%. 

Size of plan: Over $5 billion;	
Hedge funds: 40%; 
Private equity: 73%. 

Source: Greenwich Associates, 2010. 

Note: The figure above includes public and corporate plans and does 
not include investments of collectively bargained plans. 

[End of figure] 

Hedge Fund and Private Equity Investments Pose Various Risks and 
Challenges for Plan Sponsors: 

Valuation Risk: 

One of the major challenges that both hedge fund and private equity 
investments pose to plan sponsors is uncertainty over the current 
value of the sponsors' investment. With regard to hedge funds, we 
noted that plan officials may lack information on both the nature of 
the specific underlying holdings of the hedge fund, as well as the 
aggregate value on a day-to-day basis. Because many hedge funds may 
own thinly traded securities and derivatives whose valuation can be 
complex and subjective, a plan official may not be able to obtain 
timely information on the value of assets owned by a hedge fund. 
[Footnote 7] Further, hedge fund managers may decline to disclose 
information on asset holdings and the net value of individual assets 
largely because the release of such information could compromise their 
trading strategy.[Footnote 8] In addition, even if hedge fund managers 
were to provide detailed positions, these managers may seek to profit 
through complex and simultaneous positions and can abruptly change 
their positions and trading tactics in order to achieve a desired 
return as changing market conditions warrant, making it difficult for 
plans to independently ascertain the value or fully assess the degree 
of investment risk. Although we noted in January 2008 that some hedge 
funds have improved disclosure and transparency about their operations 
because of the demands of institutional investors, several pension 
plans cited limited transparency as a prime reason they had chosen not 
to invest in hedge funds.[Footnote 9] 

As with hedge funds, valuations of private equity investments are 
uncertain during the investment's long duration, which often lasts 10 
years or more. Unlike investments that are traded and priced in public 
markets, plan officials have limited information on the value of 
private equity investments until the underlying holdings are sold. 
[Footnote 10] In some cases, private equity funds estimate the value 
of the fund by comparing the value of companies in their portfolio 
with the value of comparable publicly traded assets. However, prior to 
the sale of underlying investments, assessing the value of a private 
equity fund is difficult. 

Investment Risk: 

While any plan investment may fail to deliver expected returns over 
time, hedge fund and private equity investments pose investment 
challenges beyond those posed by traditional investments. For example, 
both hedge fund and private equity managers may use leverage--that is, 
borrowed money or other techniques--to potentially increase an 
investment's return without increasing the amount of capital invested. 
Although registered investment companies are subject to strict 
leverage limits, a hedge fund or private equity fund can make 
relatively unrestricted use of leverage. Leverage can magnify profits, 
but can also magnify losses to the fund if the market goes against the 
fund's expectations. In addition, a private equity fund manager's 
strategy typically involves concentrating its holdings in a limited 
number of underlying companies--generally about 10 to 15 companies, 
often in the same sector. The returns for such concentrated, 
undiversified funds are highly susceptible to the success or failure 
of each underlying company and related market sector conditions. 
Further, hedge funds and private equity funds can also feature 
relatively costly fee structures compared with those of mutual funds. 
These fee structures can have a significant impact on net investment 
returns.[Footnote 11] Despite these fee structures, pension plan 
officials we contacted cited attaining returns superior to those 
attained in the stock market as a reason for investing in hedge funds 
and private equity. One plan official noted that as long as hedge 
funds add value net of fees, they found the higher fees acceptable. 

Lack of Liquidity: 

Hedge funds and private equity are also relatively illiquid 
investments--that is, investors generally cannot easily redeem their 
investments on demand. Hedge funds often require an initial lockup of 
a plan's investment for a year or more, during which an investor 
cannot cash out of the hedge fund. After the initial lockup period, 
hedge funds offer only periodic liquidity, such as quarterly. Hedge 
funds impose such liquidity limits because sudden liquidations could 
disrupt a carefully calibrated investment strategy. Nonetheless, these 
constraints also pose certain disadvantages to plan sponsors, such as 
inhibiting a plan's ability to limit a hedge fund's investment loss. 
Private equity funds require an even longer-term commitment than hedge 
fund investments, and during that period, a plan may have no ability 
to redeem its investments--and can often require additional capital 
over the life of the investment. A private equity fund cycle typically 
follows a pattern known as the J-curve, which reflects an initial 
period of negative returns during which investors provide the fund 
with capital to invest in underlying companies and then obtain returns 
over time as investments mature. 

Operational Risk: 

We reported that pension plans investing in hedge funds are also 
exposed to operational risk--that is, the risk of investment loss 
because of inadequate or failed internal processes, people, and 
systems, or problems with external service providers. Operational 
problems can arise from a number of sources, including inexperienced 
operations personnel; inadequate internal controls; lack of compliance 
standards and enforcement; errors in analyzing, trading, or recording 
positions; or outright fraud. While most investments can pose some 
type of operational risk, according to a report by an investment 
consulting firm, many hedge funds engage in active, complex, and 
sometimes heavily leveraged trading, and a failure of operational 
functions, such as processing or clearing one or more trades, and may 
have particularly grave consequences for the overall position of the 
hedge fund. 

Plan Sponsors Take a Number of Steps to Address the Risks of Hedge 
Fund and Private Equity Investing: 

Pension plan officials we spoke with take a number of steps in an 
attempt to mitigate the risks and challenges of investing in hedge 
funds and private equity. 

First, plan sponsors noted the importance of making careful and 
deliberate fund selection when investing in hedge funds and private 
equity. In the case of hedge funds, plan sponsors emphasized defining 
a clear purpose and strategy for their hedge fund investments. Most of 
the plans we contacted described one or more specific strategies for 
their hedge fund investments. Several sources stated that private 
equity investments have greater variation in performance among funds, 
particularly among venture capital investments compared with other 
asset classes such as domestic stocks, and therefore they must invest 
with top-performing funds in order to achieve long-term returns in 
excess of those of the stock market. 

Plan sponsors and others also cited the importance of negotiating key 
terms of investments in hedge funds and private equity. They said in 
the case of hedge funds, such terms can include fee structure and 
conditions, degree of transparency, valuation procedures, redemption 
provisions, and degree of leverage employed. For example, pension 
plans may want to ensure that they will not pay a performance fee 
[Footnote 12] unless the value of the hedge fund investment passes a 
previous peak value of the fund shares--known as a high-water mark. 
Key contract terms for private equity may also include fee structure 
and valuation procedures, though one plan sponsor noted the ability to 
negotiate favorable contract terms is limited when investing in top-
performing funds, because investing in such funds is highly 
competitive. 

Due diligence and ongoing monitoring, beyond those required for 
traditional investments, are also important. For hedge funds, due 
diligence can be a wide-ranging process including study of a hedge 
fund's investment, valuation, risk management processes, and 
compliance procedures, as well as a review of back office operations. 
As with hedge fund investments, plans take additional steps to 
mitigate the challenges of investing in private equity through 
extensive and ongoing monitoring, beyond that required for traditional 
investments. Plan representatives we interviewed said these steps 
include regularly reviewing reports on the performance of the 
underlying investments of the private equity fund and having periodic 
meetings with fund managers. In some cases, plans participate on the 
advisory board of a private equity fund, which provides a greater 
opportunity for oversight of the fund's operations and new 
investments; however, this involves a significant time commitment and 
may not be feasible for every private equity investment. 

Also, several plan sponsors address some of the risks and challenges 
of investing in hedge funds and private equity by investing via a fund 
of funds.[Footnote 13] Investing in a fund of funds provides investors 
with diversification across multiple funds, which can mitigate the 
effect of one manager's poor performance. In particular, a fund of 
private equity funds can allow plans to invest in a variety of 
managers, industries, geographies, and year of initial capital 
investment. In addition, a plan sponsor may be able to rely on a fund 
of funds manager to conduct negotiations, due diligence, and 
monitoring of the underlying hedge funds. As we reported, funds of 
funds can be appropriate if plan sponsors do not have the skills 
necessary to manage a portfolio of hedge funds. In addition, investing 
through a fund of funds may provide a plan better access to hedge 
funds or private equity funds than a plan would be able to obtain 
through direct investment. Nonetheless, investing in a fund of funds 
has some drawbacks and limitations, including an additional layer of 
fees--such as a 1 percent flat fee and a performance fee of 5 to 10 
percent of returns--on top of the substantial fees that a fund of 
funds manager pays to the underlying hedge funds. Furthermore, funds 
of funds also pose the same challenges as hedge funds, such as limited 
transparency and liquidity, and the need for the plan to conduct a due 
diligence review of the fund of funds firm. However, investing through 
a fund of funds does not relieve plan sponsors of their fiduciary 
duties; accordingly, the plan sponsors must act prudently in selecting 
and monitoring funds of funds. 

The Federal Government Can Help Educate Plans on the Challenges of 
Investing in Hedge Funds: 

According to plan officials, regulators, and others, some pension 
plans--especially smaller plans--may find it particularly difficult to 
address the various demands of hedge fund investing. For example, 
medium-size and small plans may not have the expertise to oversee the 
trading and investment practices of hedge funds. Some plans may also 
lack the ability to conduct the necessary due diligence and monitoring 
of hedge fund investments. Smaller plans may have only one-or two- 
person staffs, or may lack the resources to hire outside consulting 
expertise and may be locked out of top-performing funds. To a lesser 
extent, some larger plans may also lack sufficient expertise. A 
representative of one pension plan with more than $32 billion in total 
assets noted that before investing in hedge funds, the plan would have 
to build up its staff in order to conduct the due diligence necessary 
during the fund selection process. 

In light of these challenges, and as predecessors to this 2011 ERISA 
Advisory Council have concluded, the Department of Labor (Labor) can 
play a role in helping to ensure that plans fulfill their Employee 
Retirement Income Security Act of 1974 (ERISA) fiduciary duties when 
investing in hedge funds and private equity.[Footnote 14] For example, 
in 2006, the ERISA Advisory Council recommended that Labor publish 
guidance about the unique features of hedge funds and matters for 
consideration in their use by qualified plans.[Footnote 15] In 2008, 
the ERISA Advisory Council recommended that Labor publish guidance to 
clarify the role of ERISA fiduciaries in selecting, valuing, and 
accounting for hard-to-value assets, of which many hedge funds and 
private equity funds are composed.[Footnote 16] In addition, the 
Investor's Committee formed by the President's Working Group on 
Financial Markets published a report in January 2009 on the best 
practices for hedge fund investors.[Footnote 17] The report 
acknowledged that hedge fund investments are not necessarily suitable 
for some investors and provided many recommendations for investors 
selecting and monitoring their hedge fund investments--including best 
practices for valuation--such as obtaining a written statement of the 
fund's valuation policies and procedures and ensuring the fund's 
portfolio is being valued in accordance with Generally Accepted 
Accounting Principles (GAAP). 

In 2008, we recommended that Labor provide guidance for qualified 
plans under ERISA on the unique challenges of investing in hedge funds 
and private equity and the steps plans should take to address these 
challenges.[Footnote 18] For example, we stated that Labor's Employee 
Benefits Security Administration (EBSA) could outline the implications 
of a hedge fund's or fund of funds' limited transparency on the 
fiduciary duty of prudent oversight. EBSA can also reflect on the 
implications of these best practices for some plans--especially 
smaller plans--that might not have the resources to take actions 
consistent with the best practices, and thus would be at risk of 
making imprudent investments in hedge funds. Finally, we noted that 
while EBSA is not tasked with offering guidance to public sector 
plans, such plans may nonetheless benefit from such guidance. Although 
Labor generally agreed with our recommendation, the agency explained 
that the lack of uniformity among these investments could complicate 
the development of comprehensive guidance for plan fiduciaries. To 
date, Labor has not acted on this recommendation. 

Concluding Observations: 

As plan sponsors seek to better ensure adequate return on assets under 
management, recent trends suggest that investments in alternative 
assets such as hedge funds and private equity are becoming more 
commonplace. In light of these trends and ongoing public equity market 
volatility, it is reasonable to expect that the number of plan 
sponsors making such investments will increase in the future. Our past 
work indicates that such assets may serve useful purposes in a well-
thought-out investment program, offering plan sponsors advantages that 
may not be as readily available from more traditional investment 
options. Nonetheless, it is equally clear that investments in such 
assets place demands on plan sponsors that are significantly beyond 
the demands of more traditional asset classes. 

These challenges can be daunting even for large plan sponsors. 
Accordingly, we believe that, as we recommended in 2008, the Secretary 
of Labor should provide guidance regarding investing in hedge funds 
and private equity specifically designed for qualified plans under 
ERISA. In particular, we believe that a discussion of the challenges 
that such investments pose to small plan sponsors would be beneficial. 

This concludes my prepared statement. I would be happy to answer any 
questions that the council may have. 

GAO Contacts and Staff Acknowledgments: 

For further questions on this statement, please contact me at (202) 
512-7215. Individuals making key contributions to this statement 
include Michael Hartnett, Sharon Hermes, David Lehrer, and Amber 
Yancey Carroll. 

[End of section] 

Footnotes: 

[1] While there is no statutory definition of hedge funds, the phrase 
"hedge fund" is commonly used to refer to a pooled investment vehicle 
that is privately organized and administered by professional managers, 
and that often engages in active trading of various types of 
securities, as well as futures and options contracts. Similarly, 
private equity is not statutorily defined, but is generally considered 
to be privately managed investment pools administered by professional 
managers who typically make long-term investments in private 
companies, taking a controlling interest with the aim of increasing 
the value of these companies through such strategies as improving 
operations or developing new products. Both hedge funds and private 
equity may be managed so as to be exempt from certain aspects of 
federal securities law and regulation that apply to other investment 
pools such as mutual funds. 

[2] GAO, Hedge Funds: Regulators and Market Participants Are Taking 
Steps to Strengthen Market Discipline, but Continued Attention Is 
Needed, [hyperlink, http://www.gao.gov/products/GAO-08-200] 
(Washington D.C.: Jan. 24, 2008); Defined Benefit Pension Plans: 
Guidance Needed to Better Inform Plans of the Challenges and Risks of 
Investing in Hedge Funds and Private Equity, [hyperlink, 
http://www.gao.gov/products/GAO-08-692] (Washington D.C.: Aug. 14, 
2008); and Private Equity: Recent Growth in Leveraged Buyouts Exposed 
Risks That Warrant Continued Attention, [hyperlink, 
http://www.gao.gov/products/GAO-08-885] (Washington D.C.: Sept. 9, 
2008). 

[3] Greenwich Associates and SEI Knowledge Partnership, Hedge Funds 
under the Microscope: Examining Institutional Commitment in 
Challenging Times (January 2009). 

[4] Greenwich Associates and SEI Knowledge Partnership, Institutional 
Hedge Fund Investing Comes of Age: A New Perspective on the Road Ahead 
(June 2011). 

[5] GAO, Defined Benefit Pension Plans: Plans Face Valuation and Other 
Challenges When Investing in Hedge Funds and Private Equity, 
[hyperlink, http://www.gao.gov/products/GAO-10-915T] (Washington D.C.: 
July 20, 2010). 

[6] According to the Pension Benefit Guaranty Corporation (PBGC), 
individual DB plans with less than $200 million in total assets 
composed about 15 percent of the total assets of all DB plans in 2005. 

[7] A security is described as thinly traded when trading infrequently 
or in low volume. 

[8] For example, disclosure of asset holdings could enable a 
competitor to either duplicate or sabotage a manager's ability to 
profit from the opportunity he has identified. 

[9] See [hyperlink, http://www.gao.gov/products/GAO-08-200]. 

[10] The definition of "fair value" has been codified by the Financial 
Accounting Standards Board (FASB) at Accounting Standards Codification 
(ASC) 320-10-20 Investments-Debt and Equity Securities, Overall, 
Glossary. ASC 320-10-20 defines "fair value" as the price that would 
be received to sell an asset or paid to transfer a liability in an 
orderly transaction between market participants at the measurement 
date. As discussed in SFAS No. 157, Fair Value Measurements, which is 
codified at FASB ASC 820, Fair Value Measurements and Disclosures, the 
changes to current practice resulting from the application of ASC 820 
relate to the definition of "fair value", the methods used to measure 
fair value, and the expanded disclosures about fair value 
measurements. The definition of fair value may change the manner in 
which some entities, such as private equity funds, determine fair 
value. 

[11] For example, we reported that the typical hedge fund fee 
structure consists of 2 percent of total assets under management and a 
performance fee of about 20 percent of the funds annual profits. This 
fee structure would reduce a 12 percent return to only 7.6 percent, 
after fees are deducted. 

[12] Hedge fund and private equity managers typically charge a 
performance fee, in addition to a fee based on the amount of assets 
under management. 

[13] A fund of funds is an investment fund that buys shares of 
multiple underlying funds. For example, by investing in multiple hedge 
funds, fund of funds managers offer investors broad exposure to 
different hedge fund managers and strategies. 

[14] The Advisory Council on Employee Welfare and Pension Benefit 
Plans was created under ERISA to provide advice to the Secretary of 
Labor. 

[15] Advisory Council on Employee Welfare and Pension Benefit Plans, 
Report of the Working Group on Prudent Investment Process, 2006. 

[16] Advisory Council on Employee Welfare and Pension Benefit Plans, 
Report on Hard to Value Assets and Target Date Funds, 2008. 

[17] Investor's Committee, Principles and Best Practices for Hedge 
Fund Investors: Report to the President's Working Group on Financial 
Markets, January 15, 2009. The President's Working Group on Financial 
Markets includes the heads of the U.S. Department of the Treasury, the 
Board of Governors of the Federal Reserve, the Securities and Exchange 
Commission, and the Commodity Futures Trading Commission, and the 
Investors' Committee consists of a broad array of investors and 
investor advocates. 

[18] [hyperlink, http://www.gao.gov/products/GAO-08-692]. 

[End of section] 

GAO's Mission: 

The Government Accountability Office, the audit, evaluation and 
investigative arm of Congress, exists to support Congress in meeting 
its constitutional responsibilities and to help improve the performance 
and accountability of the federal government for the American people. 
GAO examines the use of public funds; evaluates federal programs and 
policies; and provides analyses, recommendations, and other assistance 
to help Congress make informed oversight, policy, and funding 
decisions. GAO's commitment to good government is reflected in its core 
values of accountability, integrity, and reliability. 

Obtaining Copies of GAO Reports and Testimony: 

The fastest and easiest way to obtain copies of GAO documents at no 
cost is through GAO's Web site [hyperlink, http://www.gao.gov]. Each 
weekday, GAO posts newly released reports, testimony, and 
correspondence on its Web site. To have GAO e-mail you a list of newly 
posted products every afternoon, go to [hyperlink, http://www.gao.gov] 
and select "E-mail Updates." 

Order by Phone: 

The price of each GAO publication reflects GAO’s actual cost of
production and distribution and depends on the number of pages in the
publication and whether the publication is printed in color or black and
white. Pricing and ordering information is posted on GAO’s Web site, 
[hyperlink, http://www.gao.gov/ordering.htm]. 

Place orders by calling (202) 512-6000, toll free (866) 801-7077, or
TDD (202) 512-2537. 

Orders may be paid for using American Express, Discover Card,
MasterCard, Visa, check, or money order. Call for additional 
information. 

To Report Fraud, Waste, and Abuse in Federal Programs: 

Contact: 

Web site: [hyperlink, http://www.gao.gov/fraudnet/fraudnet.htm]: 
E-mail: fraudnet@gao.gov: 
Automated answering system: (800) 424-5454 or (202) 512-7470: 

Congressional Relations: 

Ralph Dawn, Managing Director, dawnr@gao.gov: 
(202) 512-4400: 
U.S. Government Accountability Office: 
441 G Street NW, Room 7125: 
Washington, D.C. 20548: 

Public Affairs: 

Chuck Young, Managing Director, youngc1@gao.gov: 
(202) 512-4800: 
U.S. Government Accountability Office: 
441 G Street NW, Room 7149: 
Washington, D.C. 20548: