CORRESP
1
filename1.txt
PLAN INVESTMENT FUND, INC.
August 16, 2006
Securities and Exchange Commission
100 F Street, NE
Washington, D.C. 20549
Attn: Mr. Larry Greene
RE: PLAN INVESTMENT FUND, FILE NO. 811-04379
Dear Mr. Greene:
Thank you for the oral comments you provided to Robert Weber of Seyfarth
Shaw LLP and the undersigned on Thursday, August 10, 2006 relating to the
preliminary proxy materials of Plan Investment Fund, Inc. (the "Fund") as filed
with the Commission on August 7, 2006. The comments you provided are set forth
below in bold type and the Fund's response thereto follows each comment. Subject
to any further comments from you, the Fund anticipates mailing definitive proxy
materials to its Participation Certificate holders and filing such definitive
materials with the Commission on or about August 21, 2006.
1. COMMENT: PLEASE DISCLOSE THE COST OF SOLICITATION OF THE PROXIES FOR THE
MEETING.
Response: Item 4(a)(3) of Schedule 14A under the Securities Exchange
Act of 1934, as amended, requires disclosure of the cost or anticipated cost of
solicitation of proxies if the solicitation is to be made by specially engaged
employees or paid solicitors. Since the Fund does not intend to use such
employees or solicitors, this disclosure is not required.
2. COMMENT: PLEASE CONSIDER THE APPLICATION OF SECTION 15(f) OF THE
INVESTMENT COMPANY ACT OF 1940, AS AMENDED (THE "1940 ACT"), TO THIS
TRANSACTION.
Response: Section 15(f) of the 1940 Act provides in substance that when a
sale of a controlling interest in an investment adviser of a registered fund
occurs, the investment adviser or any of its affiliated persons may receive any
amount or benefit in connection with the sale so long as two conditions are
satisfied. The first condition of Section 15(f) is that during the three-year
period following the completion of the transaction, at least 75% of the
investment company's board of directors or trustees must not be "interested
persons" (as defined in the 1940 Act) of the investment adviser or predecessor
adviser. The Fund currently meets this test. Second, an "unfair burden" must not
be imposed on the investment company as a result of the transaction relating to
the sale of such interest, or any express or implied terms, conditions or
understandings applicable thereto. The term "unfair burden" (as defined in the
1940 Act) includes any arrangement during the two-year period after the
transaction whereby the
investment adviser (or predecessor or successor adviser), or any "interested
person" (as defined in the 1940 Act) of such an adviser, receives or is entitled
to receive any compensation, directly or indirectly, from the investment company
or its security holders (other than fees for bona fide investment advisory or
other services) or from any person in connection with the purchase or sale of
securities or other property to, from or on behalf of the investment company
(other than bona fide ordinary compensation as principal underwriter for the
investment company). BIMC has advised the Fund that it intends to conduct its
business in compliance with the conditions of Section 15(f) with regard to the
Fund.
3. COMMENT: PLEASE CONSIDER THE EFFECT OF THIS TRANSACTION ON ANY 12B-1
PLAN OR UNDERWRITING CONTRACT OF THE FUND.
Response: The Fund does not have in effect any 12b-1 Plan or underwriting
contract.
4. COMMENT: PLEASE CLARIFY THE SECOND SENTENCE OF THE FIRST PARAGRAPH ON
PAGE 1 OF THE PROXY STATEMENT AND THE RELATIONSHIP TO THE DISCLOSURE IN THE
THIRD SENTENCE IN THE PARAGRAPH ON PAGE 7 OF THE PROXY STATEMENT ENTITLED "FEES
AND EXPENSES."
Response: The Fund intends to revise the second sentence of the first
paragraph on page 1 of the Proxy Statement to read as follows: As discussed
below under "Approval of Investment Advisory Agreements--Fees and Expenses,"
BlackRock Institutional Management Corporation ("BIMC" or the "Investment
Adviser"), the investment adviser for the Government/REPO Portfolio and the
Money Market Portfolio, has agreed to pay or reimburse all reasonable proxy
solicitation costs. The Fund does not intend to revise the disclosure on page 7
of the Proxy Statement.
5. COMMENT: PLEASE EXPLAIN ABSTENTIONS AND BROKER NON-VOTES AS REFERRED TO
IN THE THIRD PARAGRAPH OF PAGE 1 OF THE PROXY STATEMENT.
Response: As discussed with you on the telephone, since ownership of
Participation Certificates of the Fund is limited to members and licensees of
the Blue Cross and Blue Shield Association and certain related organizations,
the Participation Certificates may not be held by brokers. Accordingly, the Fund
believes that explanation of broker non-votes is not necessary. The Fund
believes that the meaning of the word abstention is widely known and that no
explanation of this term is necessary.
6. COMMENT: THE FOURTH PARAGRAPH ON PAGE 1 OF THE PROXY STATEMENT IS HARD
TO READ BECAUSE IT IS IN ALL CAPITAL TYPE. PLEASE USE ANOTHER WAY TO MAKE THIS
DISCLOSURE PROMINENT.
2
Response: This disclosure will appear in bold type rather than all capitals
in the Proxy Statement as sent to the Fund's Participation Certificate holders.
7. COMMENT: IN THE FIRST PARAGRAPH ON PAGE 2 OF THE PROXY STATEMENT, UNDER
THE CAPTION "DESCRIPTION OF THE TRANSACTION," PLEASE IDENTIFY THE NEW ASSET
MANAGEMENT COMPANY BY NAME.
Response: The Fund intends to add a new second sentence to the
above-referenced paragraph reading as follows: "The new company will operate
under the BlackRock name."
8. COMMENT: ON PAGE 3 OF THE PROXY STATEMENT IN THE SECOND SENTENCE OF THE
PARAGRAPH IMMEDIATELY BELOW THE FEE TABLE, A CONTRACTUAL FEE WAIVER BY BIMC IS
REFERRED TO. IS THERE ANY WAY FOR BIMC TO RECOUP THE EXPENSES SO WAIVED?
Response: The Fund is not aware of any way that BIMC may recoup these
waived expenses.
9. COMMENT: ARE THE FEE WAIVERS REFERRED TO IN THE THIRD SENTENCE OF THE
ABOVE REFERENCED PARAGRAPH VOLUNTARY OR CONTRACTUAL?
Response: These fee waivers are voluntary and the disclosure will be
revised to so indicate.
10. COMMENT: PLEASE REFORMULATE THE DISCLOSURE IN THE THIRD PARAGRAPH BELOW
THE FEE TABLE ON THAT PAGE.
Response: The paragraph will be reformulated as follows: For the year ended
December 31, 2005, BIMC was paid fees of $386,503, and waived fees of
$1,021,537, as investment adviser and service agent for the Government/REPO
Portfolio. For the same period, BIMC was paid fees of $270,784, and waived fees
of $47,796, as investment adviser and service agent for the Money Market
Portfolio.
11. COMMENT: ON PAGE 6 OF THE PROXY STATEMENT IN THE SECOND PARAGRAPH UNDER
"NEW INVESTMENT ADVISORY AGREEMENTS," THERE IS DISCLOSURE TO THE EFFECT THAT THE
NEW INVESTMENT ADVISORY AGREEMENTS ARE IDENTICAL IN ALL SUBSTANTIVE RESPECTS TO
THE EXISTING INVESTMENT ADVISORY AGREEMENTS EXCEPT AS DISCLOSED. WILL ALL OF THE
FEE WAIVERS BE CONTINUED IN CONNECTION WITH THE NEW INVESTMENT ADVISORY
AGREEMENTS?
3
Response: Yes, all fee waivers will be continued in accordance with their
terms in connection with New Investment Advisory Agreements.
12. COMMENT: ON THE PROXY CARD, THE LANGUAGE INDICATING THAT IF NO
INSTRUCTION IS GIVEN FOR A PARTICULAR MATTER, THE PROXY CONFERS AUTHORITY TO
VOTE FOR THE APPROVAL OF THE INVESTMENT ADVISORY AGREEMENT AND FOR THE
RECOMMENDATION OF MANAGEMENT WITH RESPECT TO OTHER BUSINESS, SHOULD BE IN BOLD
FACE TYPE.
Response: This language will appear in bold face type in the definitive
form of the Proxy card.
* * * * * * *
Finally, in accordance with your request, we note the following:
1. The Fund is responsible for the accuracy and adequacy of the disclosures in
the Fund's filings;
2. Staff comments or changes to disclosure in response to staff comments in
the filings reviewed by the staff do not foreclose the Commission from
taking any action with respect to the filings; and
3. The Fund may not assert staff comments as a defense in any proceeding
initiated by the Commission under the federal securities laws of the United
States.
In addition, the Fund is aware that the Division of Enforcement has access
to all information we provide to the staff of the Division of Investment
Management in its review of Fund filings or in response to staff comments on
Fund filings.
We believe that this letter addresses all of the issues you have raised and
that we have taken appropriate steps to address your comments and questions.
Please do not hesitate to contact us if you have further questions or comments.
Very truly yours,
/s/ Dale E. Palka
Dale E. Palka
cc: Mr. Robert F. Weber
4