Tag: Pensions Board

What is a Pensions Board and can it exclude the press and public from its meetings?

What is a Pensions Board and can it exclude the press and public from its meetings?

What is a Pensions Board and can it exclude the press and public from its meetings?

                                                                   

Pensions Board meeting 13th October 2015 Foreground L to R Unknown, Patrick Moloney, Mike Hornby, Paul Wiggins, John Raisin (Chair), Anne Beauchamp Background L to R Unknown, Peter Wallach (Head of Pension Fund), Joe Blott (Strategic Director for Transformation and Resources)
Pensions Board meeting 13th October 2015 Foreground L to R Unknown, Patrick Moloney, Mike Hornby, Paul Wiggins, John Raisin (Chair), Anne Beauchamp Background L to R Unknown, Peter Wallach (Head of Pension Fund), Joe Blott (Strategic Director for Transformation and Resources)

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Video of the Local Pensions Board (Merseyside Pension Fund) meeting on the 12th October 2015

I attended my first meeting of Wirral Council’s Pensions Board today (although this is the second meeting of the Pensions Board). Wirral Council are the Administering Authority for the Merseyside Pension Fund.

Although the venue was listed as: Merseyside Pension Fund, 7th Floor, Castle Chambers, Liverpool L2 9SH, it was in fact held in a board room on the 4th floor at the same address.

This page on the Merseyside Pension Fund’s website states who make up the Pensions Board.

Mike Hornby (a former Wirral Council councillor for Greasby, Frankby & Irby ward) was there as a member of the the Pensions Board. He is one of the employer representatives representing Wirral Council.

Paul Wiggins (one of the Member (meaning Member of the Merseyside Pension Fund) representatives) was there to represent the pensioner members in the Merseyside Pension Fund. Also there was the Independent Chair John Raisin.

The full list of nine people that make up the Pension Board can be found on the Merseyside Pension Fund website, although not all nine were present for the meeting and I haven’t listed everyone who was at the meeting above.

However what does a Pensions Board actually do? Well it’s a relatively recent legal requirement to have one that only started in April 2015. As Wirral Council administer the Merseyside Pension Fund they’re therefore required to have one. The role of the Pensions Board is to help ensure the Merseyside Pension Fund complies with governance and administration requirements.

The terms of reference state its function as follows.

2.1 The purpose of the Board is to assist the Administering Authority in its role as a scheme manager of the Scheme. Such assistance is to:

a. secure compliance with the Regulations, any other legislation relating to the governance and administration of the Scheme and requirements imposed by the Pension Regulator in relation to the Scheme and;

b. ensure the effective and efficient governance and administration of Merseyside Pension Fund.

c. provide the Scheme Manager with such information as it requires ensuring that any member of the Pension Board or person to be appointed to the Board does not have a conflict of interest.

 

It’s now where we get to a rather strange problem. Agenda item 8 of the meeting, as you can read for yourself on Wirral Council’s website attempts to exclude any members of the press and public present for items 9, 9a and 10 which refers to the Local Government Act 1972, s.100A.

Before the meeting started I would’ve liked a chance to point out verbally to someone what I’m going to write about now, but a Wirral Council officer insisted we wait in the kitchen next door instead, oh well.

There is power to exclude the press and public from a public meeting. It comes from the Local Government Act 1972, s.100A(4) and applies to meeting of a principal council and because of Local Government Act 1972, s.100E also committees and subcommittees (as well as joint committees).

The Pensions Board was never set up as a committee (or subcommittee) of Wirral Council though. In fact its terms of reference for the Pensions Board make that extremely clear.

“1.3 The Board is not a committee constituted under Section 101 of the Local Government Act 1972 and therefore no general duties, responsibilities or powers assigned to such committees or to any sub-committees or officers under the constitution, standing orders or scheme of delegation of the Administering Authority apply to the Board unless expressly included in this document.”
 

So let me get this straight, a Pensions Board whose purpose is to “secure compliance with legislation”, assigns itself a power in law to exclude press and public from its meetings that it doesn’t have?

At the meeting itself on the 13th October 2015 the Independent Chair John Raisin proposed this resolution to exclude the press and public, it was seconded and agreed by the Pensions Board.

So who do you complain to about the Pensions Board not complying with the legislation? Why the Pension Board of course as its their role to ensure the Merseyside Pension Fund complies with the legislation!

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Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

                                                                   

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Above is video of the Pensions Committee meeting of 19th January 2015.

Pensions Committee Wirral Council Merseyside Pension Fund 19th January 2015 L to R Pat Phillips Cllr Geoffrey Watt Cllr Mike Hornby Cllr Chris Carubia Cllr Nick Crofts Cllr Harry Smith
Pensions Committee Wirral Council Merseyside Pension Fund 19th January 2015 L to R Pat Phillips Cllr Geoffrey Watt Cllr Mike Hornby Cllr Chris Carubia Cllr Nick Crofts Cllr Harry Smith

I’ll start this piece by declaring an interest as my father is paid a pension by the Merseyside Pension Fund administered by Wirral Council.

Wirral Council’s Pensions Committee (which form part of the governance arrangements for the Merseyside Pension Fund worth billions of pounds) met yesterday evening. The agenda and reports for this meeting are on Wirral Council’s website.

The first main item on the agenda was the creation of a Pensions Board which I’ve previously written about when it was discussed at a previous meeting of the Pensions Committee last year.

The original recommendation in the report had been “That Members consider the proposals for the Wirral Pension Board set out in this report and the draft Terms of Reference and advise officers of any required amendments before submission for approval and implementation by Wirral Council.”

The Chair of the new Pensions Board will receive £2,751 a year (plus travel & subsistence expenses) and the employer/employee representatives will receive £1375.50 a year (plus travel & subsistence expenses). Just before the meeting started a much more detailed recommendation was handed out. This was agreed at the meeting and is now a recommendation to a future meeting of all Wirral Council councillors. One of the implications of the revised recommendation is that three councillors (who are not on the Pension Committee) will form a selection panel to choose who is on the new Pensions Board.

The complete revised recommendation is below:

“1. Pensions Committee agrees and recommends to Council:

a) the establishment of a Pension Board pursuant to regulations (The Local Government Pension Scheme (Amendment) Regulations 2014) in accordance with the Terms of Reference set out in appendix 1, subject to the membership being agreed by Council and the Terms of Reference being amended to confirm that the board shall be quorate providing a minimum of 4 members are present.

b) that the Pension Board shall have the authority to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

c) the establishment of a selection panel by the Council in accordance with appendix 3 to consider and assess applications received and undertake interviews. The selection panel is to make recommendations to Council with regard to appointments to the Board.

d) that the Head of Pension Fund be authorised to implement the administrative arrangements required to undertake a recruitment exercise necessary for the selection and appointment of members to the Board.

e) that the definition of independent member for the purposes of the Board shall be agreed as:

  • not a current elected member or employee of a participating scheme employer
  • has not been an elected member or employee of a participating scheme employer in the past 5 years

f) that in respect of the two active member representatives, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years; that in respect of the two representatives of local authorities, police/fire/transport authorities and parish councils, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years.

g) that the Pensions Committee (and the Heads of the Pension Fund and of Legal and Member Services after consultation with the Chair of the Pensions Committee prior to the meeting of the Council in March 2015) may recommend to Council changes to the Board and its Terms of Reference having regard to the final form of regulations and statutory guidance.

2. that the Selection Panel’s Terms of Reference as set out in Appendix 3 shall be that:

  • it shall comprise 3 elected members
  • it shall not consist of current Pensions Committee members
  • There shall be two advisors to the selection panel: the Head of Pension Fund and a representative from the Fund’s external auditors.

3. That the following amendments be made to the Board’s terms of reference set out in appendix 1.

a) Section 3 “Members of the Board shall cease to be a member of the Board if they do not attend two consecutive meetings and fail to tender apologies which are accepted by the Board” be substituted for “Other than by ceasing to be eligible as set out above, a Board member may only be removed from office during a term of appointment by the majority agreement of all of the other members. The removal of the independent member requires the consent of the Scheme Manager”.

b) Section 3 the following shall be added: “In the event of the independent member not being available for a Board meeting, a Vice Chair for that meeting shall be determined by the Board members”.

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