Agenda and minutes

It was recognised that, in the absence of any Scheme Member representatives, this meeting was inquorate and could not proceed on a formal basis.

Given the importance of the subject matter, it was agreed that the agenda should be discussed informally. MP would contact the Scheme Member representatives to stress the importance of attendance at Board meetings.

No new interests were declared.

Notes of the meeting held on 23 June 2021 attached

The Notes of the meeting held on 23 June 2021 were AGREED.

Latest version of Action Log showing progress against open actions attached.

CONSIDERED updated Action Log (at 6 September 2021) listing Open Actions. Progress against actions was indicated in the comments column. It was noted that:

·         there had been slow progress in development of Key Performance Indicators for the Board owing to other priorities (e.g. on the age discrimination remedy position);

·         the action on West Yorkshire Pension Fund (WYPF) Cyber Security was to remain open pending further progress;

·         the Local Government Association (LGA) had published the final Administration, Management and Governance Strategy for Local Pension Boards. Action: SY to assess against existing documents for this Pension Board with a view to producing a final document (based on the LGA final Strategy) for consideration at the December 2021 meeting;

·         work was ongoing in relation to the McCloud/Sargeant & O’Brien/Matthews discrimination remedy;

·         Andy Hallam (Scheme Member Representative) had submitted three months’ notice of his intention to resign as a Board Member. An appointments process would be commenced with a view to having a replacement Scheme Member Representative in place by March 2022;

·         the issue in relation to incorrect deduction of retirement allowance was still being explored. WYPF considered the stance currently adopted by the Service was incorrect in light of both advice issued by the [then] Department for Communities and Local Government (CLG) in 2010 and also in light of different treatment by the Police in relation to a similar allowance. A further meeting to explore this had been arranged for later in September and it was hoped to have reached a definitive conclusion by the next Board meeting in December. There were currently some 70 cases where corrective action might need to be taken.

(See also Notes LPB/21/33 and LPB/21/34 below).

Attached.

NOTED latest version of Board Training Log (updated September 2021). Newly appointed Scheme Manager and Scheme Member representatives would be reminded to complete the Pension Regulator (tPR) e-learning modules at the earliest opportunity. On completion, training certificates would be published on the website.

ZS had completed four of the seven modules.

(See also Notes LPB/21/31(b) and LPB/21/37 below).

To discuss. See also Item 11 below.

The LGA had advised that, as a result of staffing issues and other work priorities, it would not be in a position to deliver bespoke induction training for the current year.

Instead, newly appointed Board Members were provided with an LGA PowerPoint presentation on the role and responsibilities of Local Pension Boards and individual Board Members. MP would arrange a “light-touch” induction based on these materials.

Additionally, Board Members were reminded that the minimum expectation was that they would complete tPR e-learning modules.

(See also Notes LPB/21/31(a) above and LPB/21/37 below).

Log attached.

NOTED latest version of 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:

Governance & Strategy

As previously advised, the LGA had published the final Administration, Management and Governance Strategy for Local Pension Boards Administration. The Board had previously expressed consensus that this strategy should be adopted, once issued (Note LPB20/33 refers). Existing Board documents and toolkits would be adapted accordingly in line with the template.

Pension Communications

100% of benefits statements had been issued for the Service by the deadline of 31 August 2021.

A staff update on pension reform (in light of publication of the Public Service Pensions and Judicial Offices Bill.

The need for constant (minimum monthly) communications with staff on implications of the pension reforms was recognised, as was the importance of Scheme Member representatives being fully conversant with this issue so as to support and assist Scheme Members as required.

The Local Government Association, working alongside the Fire Brigades Union, had commissioned Bevan Brittan to develop a framework for use by fire and rescue services in addressing immediate detriment cases. Communications on this would be issued as soon as practicable.

Pension Projects (Transition Protection Judgement; O’Brien v Ministry of Justice)

The Devon & Somerset Fire & Rescue Authority had resolved, at its ordinary meeting on 29 June 2021, to amend its discretionary policy on Voluntary Scheme Pays to assist in addressing immediate detriment cases in line with the earlier Authority decision at its extraordinary meeting on 20 April 2021.

There were no further updates at present in relation to the Special Members of FPS 2006 – Second Options Exercise (previously referred to as the Matthews or O’Brien cases).

Reporting Breaches of Law

There had been no breaches to report since last meeting

Internal Dispute Resolution Procedure (IDRP)

There had been no new complaints under the Procedure since the last Board meeting.

Pension Administrator Quality of Service

The Service continued to have an excellent working relationship with WYPF, with both parties seeking to improve the arrangements in place.

Board Membership

Philip Gillbard, a Crew Manager at Middlemoor and retained Watch Commander at Tiverton, had replaced Peter Redbourn as a Scheme Member representative on the Board with effect from 1 July 2021.

(See also Note LPB/21/30 above).

Paper attached.

CONSIDERED paper providing an update on development of Key Performance Indicators (KPIs) for both the Service and the Board. This detailed progress against the two established KPIs:

1.    submission of monthly pension reporting to WYPF by the last day of the month – secured on eleven out of the twelve months that this KPI had been measured. It was acknowledged that, owing to other work pressures at the time of year in question, the standard KPI for the month of March may not be realistic. Action: ZS to explore development of a unique, extended timeframe for submission of March reports to WYPF; and

2.    notifications of normal retirement and timeframes for submission – the Pay and Conditions Team had continued to submit notifications of normal retirements to WYPF within the service level agreement of five days of receipt wherever possible. However, paperwork for 18 (79%) of the 23 retirements that had taken place between 1 December 2020 and 31 July 2021 were submitted outside the SLA period (minimum of six weeks prior to retirement) as information was not submitted to the Pay and Conditions Team within this time frame. MP proposed reminding staff of the six week requirement. Action: ZS to explore the viability of an additional KPI (as suggested by HS) on retirement notifications received within two weeks of retirement date being submitted to WYPF within five working days of receipt.

As previously indicated, work to develop a proposed KPI for the ill-health retirement process and timescales had not progressed as swiftly as desired owing to resourcing and workload pressures. Work was planned for later in the year to review the process for ill-health retirements, to include identification of appropriate timelines for KPIs.

Similarly, it was intended to progress the proposed 360 degree feedback process with WYPF in Q3 of the current financial year.

(See also Note LPB/21/30 above).

To review the register (v1.08) attached.

CONSIDERED latest version (v1.08) of the Board Risk Register. Action: MP and ZS to review and update the Risk Register to reflect changes in risk owners and to review impact scores of those risks where risk controls were either in development or completed.

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

All Board Members were encouraged to check the website for currency/accuracy.

Document attached.

The latest report was circulated with the agenda for the meeting. Action: report to be reviewed against current self-assessment, with consequent benchmarking report to be submitted to the next Board meeting.

Paper attached.

As previously referenced, MP reported that the LGA had advised that, due to staffing issues and a focus on work related to the age discrimination remedy, it would be unable to deliver any bespoke training during 2021-22. MP would be arranging a “light-touch” induction session for new Board Members, using previous LGA materials.

The topics of interest initially proposed for this Board meeting (Record Keeping) would be deferred to the December 2021 meeting. Similarly, the topic of interest initially proposed for the December 2021 meeting (Resolving Disputes) would be deferred to the March 2022 meeting.

In the meantime, a further training needs analysis would be undertaken to inform both Topics of Interest and training sessions for the remainder of 2022. Action: MP and ZS to facilitate a revised training needs analysis to include new Board members and refresh submissions from existing members.

(See also Note LPB/21/31 above).

Attached. To review programme and items for LPB meeting on 8 December 2021.

NOTED latest version of the Board work programme to December 2022. Action: MP to revise to:

(a).  add to those Board meetings those items discussed at this meeting i.e.:

(i)    Administration, Management and Governance Strategy for the Board [based on LGA final template]; benchmark report against Public Service Governance and Administration Survey 2021; Topic of Interest – Record Keeping for December 2021 Board meeting;

(ii)  Topic of Interest – Dispute Resolution to March 2022 meeting); and

(b).  extend the programme to 2023 to provide a rolling three-year view.

(See also Notes LPB/21/30, LPB/21/36(b) and LPB/21/37 above).

(An item of any other business).

HS provided an update on revisions to the WYPF staffing structure:

·         creation of Assistant Director for Pensions and Governance & Business Development Manager posts;

·         creation of additional IT posts;

·         recruitment of two, new, senior pension officers and three pension officers to expand capacity to undertaken pension calculations (given the implications of the age discrimination remedy, for which an additional two officers may be required),

15.00hours, Wednesday 8 December 2021 (venue to be confirmed).

15.00hours, Wednesday 8 December 2021 via Microsoft Teams.