Agenda and minutes

No new interests were declared.

Notes of the meeting held on 18 March 2020 attached.

The Notes of the meeting held on 18 March 2020 were AGREED.

Review of Actions of previous meeting attached.

CONSIDERED updated Board Action Log listing both Open and Closed Actions.  Closed Actions would not be included in future updates.  It was noted that:

·         the KPIs Action had been closed (it had been merged with the other KPI action);

·         the new Board Member inductions action had been closed;

·         the action on KPIs for Board Effectiveness remained open but was progressing;

·         the Risk Register action featured elsewhere on the agenda for this meeting;

·         the Work programme action was closed and featured elsewhere on the agenda for this meeting;

·         the Scheme Member representative appointment action was closed;

·         re:  the cyber security action, a copy of the West Yorkshire Pension Fund (WYPF) business continuity plan had been received;

·         the tPR self-assessment had been updated and featured elsewhere on the agenda for this meeting.  This action was closed;

·         the Fixed Term Contracts (FTCs) pensionability action was still open;

·         a new Action had been added on making WYPF reports available to Board Members on a secure part of the Authority’s website rather than by e-mail.

NOTED latest version of the log identifying training undertaken by Board Members.  Some were out of date re:  review and would need to be completed.  BR had to date completed four out of seven modules. 

NOTED latest version of the log listing all correspondence received and circulated to Board Members since the last meeting.

Paper attached.

CONSIDERED paper summarising current pension matters both locally and nationally which required input from the Service.  In particular, the paper addressed:

Pension Surveys and Annual Returns

Pension Communications (Annual Benefit Statements; Covid19 and the Firefighters Pension Scheme)

CG confirmed that the end of year data had been submitted to WYPF and HS confirmed that all queries relating to this had been addressed.  WYPF was now accuracy checking the statements prior to issue.  Monthly pension reporting was fully up-to-date and was now being done automatically (albeit with some manual adjustments).  The LGA had provided a lot of support via its new webpage.

SP provided an update on the issue of Fixed Term Contracts (FTCs) and eligibility to join Scheme.  Legal advice had been obtained by the Scheme Advisory Board but this could not be released at present.  SP was looking to discuss this with the Legal Advisor and potentially obtain the advice via a non-disclosure agreement to assess the impact of potentially joining the scheme.  The Service had previously considered those on FTCs could join the scheme.  If not, there would be the option to join the Local Government Pension Scheme (LGPS) but this would not have the default of the added compensation scheme and so was not desirable for operational staff.

Pension Projects (Transition Protection Judgement; New Claim on Transitional Protections; O’Brien v Ministry of Justice)

These cases were still ongoing.  HS advised that, for fire and rescue services, the O’Brien case was now being referred to as the Matthews case.

AH commented that it seemed it would not take three years to secure a remedy when previously it had been two and enquired whether this had been communicated across the Service.  AH commented that delays in securing a remedy would result in an impact on more people (particularly those due to retire in the next two to three years).

HS advised that three years was currently an assumption.  A consultation document that should provide more information/clarification was expected shortly, with the Home Office indicating that this was likely to be available before next remedy meeting on 17 July.

MP commented that it was the responsibility of Scheme Manager to keep Scheme Members informed of important issues, so communications on remedies and timescales would be required.

ACTION SP and CG to consider issuing some interim communications at the earliest opportunity, following discussion with AH and BR as to appropriate content.

Reporting Breaches of Law

There had been no breaches to report since last meeting

Internal Dispute Resolution

None since last meeting

Pension Administrator Quality of Service

Of a reasonable standard.  Issues identified at last meeting had been resolved satisfactorily.

Covid-19 Business Continuity

WYPF continued to provide good service.

Recruitment of LPB Member Representatives

The term of office of one Member Representative had been extended for a further 12 months in light of the impact of the Covid-19 pandemic.

Document attached.

CONSIDERED draft Annual Report summarising Local Pension Board activities during the 2019-20 financial year.  MP would look to incorporate additional information as follows:

·         the number of retirements and numbers of staff in schemes;

·         expanding the section on statutory breaches;

·         expanding the section on training to cover what Board Members do to maintain competency. 

It was felt that these additions would result in a report more consistent with the Board’s Terms of Reference and have greater alignment with Regulator expectations.  A copy of the final draft would be circulated to the Board prior its inclusion on the agenda for the next meeting of the Audi & Performance Review Committee.

ACTION that, subject to inclusion of the amendments indicated, the Annual Report be submitted to the next meeting of the Audit & Performance Review Committee on 31 July 2020.

To review the register (attached).

Risk Register

CONSIDERED latest version of the Board Risk Register (v1.03) as circulated on the day of the meeting.

Considerable work had been undertaken on this since the last Board meeting albeit that suggestions by SSR on risks that might be incorporated were still to be considered.

The following new risks had been added:

·         risks around O’Brien/Matthews case and McCloud/Sargeant case

·         risks around the Covid 19 pandemic (loss of staff; detriment to administration)

·         risks around loss of key staff; and

·         GDPR considerations

The potential impact of risks, risk owners and control measures had also been identified to mitigate risks.

Consideration might be given to adding to the register a risk relating to an audit of Board’s effectiveness – failure of Board Members to maintain knowledge and understanding.  The use of e-learning (the Pension Regulator training modules), LGA training and induction for new Board Members would mitigate this risk.  Consideration might also be given to having individual training plans for each Board Member, but these would need to be proportionate.

The Risk Register would be a live document and could be amended at any time.

The important thing was for the Board to be assured that all relevant risks had been identified, that controls were working and that the risks were being mitigated.

MP commented that the risks would be prioritised in accordance with net risk scores.  Any risk requiring further action would generate an action plan, with indicative timescales for completion.

To confirm that the website is up-to-date.

The Board website was confirmed as up-to-date.  The Service had a project plan in place to construct a new website which should offer enhanced functionality.

Document attached.

CONSIDERED the latest version of the Board self-assessment (completed in June 2020) against areas identified by the Pension Regulator and relating to Scheme governance, managing risks and issues and administration.

The two amber areas from the previous self-assessment had been removed.  The Board now had a risk register.  Training Needs Analysis for Board Members was still amber and required more work, hence this was reflected on the Risk Register.

Attached.  To review programme and items for LPB meeting in September 2020.

NOTED latest version of the Board work programme to December 2021.  For the Pension Regulator Annual Survey, the initial expectation was that results would be available for consideration by Board at next meeting in September but this could slip.  Completion for next Survey would either be in December 2020 or March 2021 but would depend on when the Survey was issues by the Pensions Regulator. 

(An item of Any Other Business).

AH highlighted that, as a result of completing the Pension Regulator training modules, he had identified that the current Service IDPR policy was silent as to the timescales for communicating IDRP decisions.  SP commented that the Service policy was based on the national procedure for fire service but that the Policy could be revisited with a view to incorporating timescales for communicating decisions.

HS commented that the Scheme Advisory Board had recently issued an IDRP Factsheet. 

ACTION:  SP to review and revise as necessary the Service IDRP policy to ensure consistency with best practice advice of the Regulator and the Scheme Advisory Board.

Wednesday 9 or 16 September 2020.

15.00hours, Wednesday 9 September 2020.