Practice

Investors in the $40 million Navellier Aggressive Small Cap Equity Fund may not have to pay the costs of a lawsuit between the fund's adviser and two of its trustees.

The SEC has sanctioned a Phoenix firm that frustrated a handful of closed-end funds with its controversial tactics - known as mini-tender offers - to buy fund shares from individual investors.

The SEC is continuing to press the money management industry on year 2000, or Y2K, computer programming and compliance issues.

The newly adopted rules that govern the personal trading practices of portfolio managers contain few changes from the SEC's original proposal four years ago, regulators, mutual fund lawyers and consultants said last week.

Employees in defined contribution plans invested their money wisely enough to reap an average return of 11 percent between 1985 and 1995, on par with the 12 percent return that defined benefit pension plan portfolio managers averaged in those 11 years, according to KPMG, the New York accounting and consulting firm. KPMG based its figures on Form 5500 series reports that companies are required to file with the Internal Revenue Service. KPMG published its findings in the August issue of "Benefits Spectrum", a newsletter it sends to clients.

Although Congress included much of what the mutual fund industry sought in a major tax cut bill - the Financial Freedom Act of 1999 - that legislation is likely to be vetoed by President Clinton next month.

Mutual fund companies and the SEC are watching developments at General American Life Insurance Company of St. Louis, Mo. A handful of fund companies, including OppenheimerFunds of New York, Federated Investors of Pittsburgh, Northern Trust Corp. of Chicago and Alliance Capital Management LP of New York, hold in their money market funds, short-term funding agreements issued by General American. The firm was placed under the supervision of Missouri insurance regulators Aug. 11. Representatives of the funds said they expect their investments will be repaid. "It's illiquidity, not insolvency," said J.T. Tuskan, a spokesperson for Federated. The SEC is monitoring the situation, a spokesperson said.

It could get a little easier for mutual fund companies to issue press releases next year.

Scudder Kemper Investments of Boston has signed a deal with Financial Engines of Palo Alto, Calif., the Internet investment advisor, to provide online investment advice to sponsors of especially mid-sized defined contribution plans. The deal was announced August 2.

Investment advisers who get caught trying to steer pension business their way by showering elected officials with campaign cash may be forced to work without fees under a new rule proposed by the SEC.