What’s the time, Mr Wolf?

Lone Wolf Howling

Dinner time! Or rather, it’s time for our near annual reminder of the perils of ignoring The Pensions Regulator (TPR). We know by now that it really does bite!

In 2017 we wrote about the first high profile uses by TPR of its power to prosecute individuals for failing, without reasonable excuse, to comply with an order to provide information to TPR when required to do so under section 72 of the Pensions Act 2004. In the first case, TPR secured convictions against a firm of solicitors and its managing partner; in the next, they secured a conviction against the Chief Executive of a charity. Continue Reading

Turkey and tinsel… and setting objectives for your investment consultants

Festive Dinner

The Competitions and Markets Authority (CMA) has issued its final order in relation to its investigation into the investment consultancy and fiduciary management market. The order comes into effect in two parts. Most provisions are effective from 10 December 2019, giving trustees and managers time to prepare for the changes. The monitoring and compliance provisions (more on these later) came into effect on the date of the order (10 June 2019).

The government has reacted quickly and has already issued for consultation draft regulations implementing the Order – for the most part with no changes. The proposal is that regulations will come into force in April 2020. Notwithstanding the lack of regulations, trustees should note that the Order is legally binding until the CMA confirms that appropriate regulations are in place or other conditions have been met.

The key provisions of the order, which require trustees to take action, relate to:

  • Mandatory tendering for fiduciary management services
  • Setting strategic objectives for investment consultants
  • Submitting a compliance statement on an annual basis

Continue Reading

The Mad Hatter’s Tea Party – The Diversity of Trustee Boards

Mad Hatters Tea Party

The Mad Hatter’s tea party would not have been as brilliantly bonkers if the characters were not so diverse. Could pension schemes be managed better if they were more diverse, or is the Pensions Regulator (TPR) just as mad for promoting the need for change? If it is your birthday, unbirthday or any other day of the week, please read on for a comment on trustee board diversity. Continue Reading

E-S-G…. (not as) easy as 1-2-3

Wind TurbinesIf you are a trustee of an occupational pension scheme, it is time to start preparing for the new ESG requirements, some of which kick-in on 1 October 2019.

What is ESG?

Environmental, social and governance considerations have come to the fore in recent years especially in the context of pension scheme investment. In its recently updated guidance, the Pensions Regulator (TPR) notes that many scheme members will be invested for a long time and will be exposed to longer term financial risks which potentially include risks that “could be financially significant, both over the short and longer term. When setting investment strategies, we expect trustee boards to take account of risks affecting the long-term financial sustainability of the investments.”

Actions trustees need to take Continue Reading

Pensions Administration Standards Association publishes guidance on cybersecurity

We have previously commented on how the cyber threat to every UK pension scheme must now be very firmly at the top of every trustee’s risk register. GDPR has only served to highlight a fundamental challenge to the cybersecurity of schemes, a challenge that seems to evolve and grow by the week.

PASA has just published some important guidance on cybersecurity risk and risk management to help trustees and their schemes manage the risks. That guidance covers five main areas: risk assessment, governance, risk management, controls and incident management.

Risk assessment. To carry out successful risk assessments, the guidance suggests that trustees must agree what they are trying to protect from cyber risks (e.g. member data), identify the threats, look at relevant controls in place and then assess the likely impact of the risk. They can then go on to consider risk management and the controls in place to assist with that. Continue Reading

Helping employers with their Plumbing Scheme debt challenges

Debt illustrations are starting to land on the desks of employers who have historically participated in the Plumbing & Mechanical Services (UK) Industry Pension Scheme (“the Plumbing Scheme”).

Together with Chris Hawley of Barnett Waddingham, we explore the arising issues and what challenges are open to these employers.


The challenges facing the Plumbing Scheme surrounding historic section 75 exit debts have been well publicised. Essentially, due to a lack of information in historic records regarding employment history, the Plumbing Scheme has not been able to calculate and issue debts to employers who have ceased to participate in the Scheme since September 2005.

The Trustee of the Plumbing Scheme has explained that it has spent a lot of time lobbying and communicating with the various regulatory powers about way the section 75 debt is applied. After several years – in 2014, the Trustee started work with its advisers on the process to begin calculating and recovering section 75 exit debts.

More recently, there has been multiple consultations with employers about the method for calculating the debts. The Plumbing Scheme has now started issuing indicative debt amounts, giving employers a period of 6 weeks to challenge the calculation and amounts, as well as opportunities to discuss payment options before a formal debt is issued to the employer. Continue Reading

To Be [Registrable] or Not To Be, That is the Question

Shakespeare Writing with Feather Pen

Government consultation on transposing the fifth EU money laundering directive into UK law is under way. Do pension trustees need to worry about it?  Probably not. Most of the shocks came in 2017, when the fourth money laundering directive was adopted in the UK. At the same time that many pension trustees were implementing a policy of “data minimisation” for GDPR compliance purposes, HMRC asked schemes to start storing additional personal data in relation to beneficial owners. “Beneficial owner” is widely defined under the 2017 money laundering regulations, capturing pension trustees as well as pension scheme beneficiaries. A new registration system was also introduced, which would kick-in in specific circumstances.

So, given that anti-money laundering compliance has already been on trustee agendas, is the fifth money laundering directive all much ado about nothing? Continue Reading

Is LGPS Governance Up To Scratch?

From asset pooling and actuarial valuations to administration and data, local government pension schemes have a lot to think about this year – meaning good governance is more important than ever. In this podcast episode recorded for Pensions Expert, Kirsty Bartlett, partner in our Pensions team, and Ian Colvin, head of LGPS Benefits and Governance at Hymans Robertson, discuss potential conflicts of interest, pressure on fund resources and the importance of focusing on administration.

*Copyright for this podcast is owned by the Financial Times. This podcast was originally published in Pensions Expert on 3 April 2019.

No Deal, No PPF?

Houses of Parliament from the South Bank

Brexit insolvency issues for trustees of pension schemes with overseas sponsors

You might remember that before 2016, in the world before the EU referendum (which did exist!), it was effectively not possible for the insolvency of an overseas sponsor of a UK pension scheme to trigger entry into the PPF unless the overseas sponsor had a branch or office (an “establishment”) in the UK (for legal geeks you might remember this was the issue discussed in the Olympic Airlines case which was heard by the Supreme Court in 2015).

Following the Olympic Airlines case, in 2016 the PPF entry regulations were amended so that trustees can trigger entry into the PPF where an overseas sponsor with no “establishment” in the UK is unlikely to continue as a going concern.

Problem solved? Well, Brexit might yet throw a spanner into the works (and it might not be the last time that sentence is written…). Continue Reading

Strength in numbers – The Pensions Regulator presents challenges for the sole trader trustee model

Tug of War

Are you a professional trustee of an occupational pension scheme? If so, you will soon be expected to apply for accreditation and demonstrate that you meet a new set of standards.

The Professional Trustee Standards Working Group recently published details of a proposed accreditation framework for professional trustees. This follows on from a consultation which concluded in March 2018.

Continue Reading