Agenda and minutes

No new interests were declared.

Notes of the meeting held on 22 June 2022 attached.

The Notes of the meeting held on 22 June 2022 were AGREED.

Latest Action Log attached.

CONSIDERED updated Action Log (at 15 August 2022) listing Open Actions. Progress against actions was indicated in the comments column. It was noted that:

·           All actions remained open;

·           LPB044 (WYPF Cyber Security): WYPF had been asked for clarity on its business continuity plans for cyber security. The WYPF Cyber security policy had been received but did not address the business continuity issues. The LGA had issued some recommendations in Bulletins 58 and 60 that may be relevant to this issue;

·           LPB055 (Admininstration, Management & Governance Strategy) featured as an item on the agenda for this meeting;

·           LPB070 (Development of KPIs): this was work ongoing. There were issues around currency of data and whether this was impacting on some of the measures WYPF was reporting on.  MM responded that WYPF could only measure what was in the system, which was input from monthly reports. There were in the region of 52 individual areas of data, per individual scheme member, that needed to be input. Compilation involved a level of data cleansing prior to data being uploaded. Errors, once identified, involved liaison with the relevant Service to address. This also impacted on timescales in producing reports). Volumes of work (in particular at month end, which was required for the production of Annual Benefit Statements) had resulted in delays in data for months 1, 2 and 3. WYPF was working to resolve these issues (including recruitment to vacancies). It was anticipated that, for Devon & Somerset, starter information would be up-to-date by end of October/early November. Resolving outstanding issues would depend on the roll-out of Phase 3 for WYPF, which would enable returns largely to be automated. This was currently being tested but the go-live date was yet to be determined;

·           LPB072 (Revision of Training Needs Analysis): This had been circulated to all Board Members to update. Board Members were encouraged to complete and return the TNA (See also Minute LPB/22/31(b) below);

·           LPB076 (tPR Training Modules update): It was anticipated these would be updated to align with the revised Code of Practice. This was expected by the end of this year but more details were likely to be forthcoming at the conference in October;

·           LPB081 (Abatement Policy): The Discretions Policy featured as an item elsewhere on the agenda for this meeting;

·           LPB086 (LGA Finance Template): This had been completed for the Immediate Detriment cases the Service had processed. This Action could be closed;

·           LPB087 (Review Risk Register): tPR had issued a factsheet and model risk register. The Board’s risk register was being assessed against these but early indications were that significant revisions should not be required. See also Minute LPB/22/36 below).

Paper attached.

CONSIDERED paper advising of the introduction of pensions dashboards under the Pensions Dashboards Programme established by the Money and Pensions Service. The dashboards were intended to place individuals in control of planning for their retirement by bringing together in a readily accessible format all relevant pension information (including State Pension entitlement). The earliest connection was scheduled for August 2023, with the indicative date for public service schemes being 30 September 2024.

A consultation on the introduction of pensions dashboards had recently concluded and the LGA had shared its response to this.

Attached, for discussion, is a draft report intended for submission to the next Authority meeting on 26 September 2022 with a view to updating the Pensions Discretion Policy.

CONSIDERED draft revised policy, intended for submission to the full Authority meeting on 26 September 2022, identifying discretions available to fire and rescue authorities (as scheme managers) under current firefighters’ pensions schemes, together with the proposed policy to be applied by Authority in relation to each discretion. This approach would ensure greater clarity and consistency in application of discretions.

Board members were invited to make any relevant observations on the proposal prior to despatch of the agenda for the Authority meeting (Friday 16 September). Once approved by the Authority, the final Policy would be shared with WYPF and would also assist in defending any potential IDRP appeals.

Chair to raise.

The Chair advised that it was intended to produce this report and circulate it via e-mail for comments by the Board prior to its submission to the meeting of the Audit & Governance Committee on 29 November 2022.

Latest Training Log attached.

NOTED latest version of the Board Training Log (updated June 2022). This indicated that the new Scheme Member representative was yet to undertake any of the modules and that that MP, SS, JL and were currently out-of-date (from June 2022). It was suggested that the refresh for these be paused pending clarification from tPR as to any updates linked to the revised Code of Practice. The refresh rate was every two years.

A Training Needs Matrix has been circulated to all Board Members. Once completed by all Board Members, the results will inform future training provision and topics of interest for discussion at future meetings.

An update will be provided at the meeting.

A Training Needs Analysis matrix had been circulated to all Board Members. Once completed by all Board Members, the results would inform future training provision and topics of interest for discussion at future meetings.

(See also Minute LPB/22/27 above).

Latest Correspondence Log attached.

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

(See also Minute LPB/22/33 below).

Paper attached.

NOTED document providing an overview of the contents of LGA Pension Bulletins 54 to 59 inclusive, each of which had previously been circulated to LPB Members.

(See also Minute LPB/22/32 above).

Paper attached.

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

FPS Administration, Management & Governance Strategy

This document, based on the LGA template and customised as necessary to reflect the position for the Devon & Somerset Fire & Rescue Authority, had been produced and was awaiting sign-off in the Service Policy Management System prior to publication on the website. 

(See also Minute LPB/22/35 below).

Pension Communications – Annual Benefit Statements (ABS)

West Yorkshire Pension Fund (WYPF) had advised that, while the ABS for all eligible members had been issued by the deadline of 31 August 2022, the Statement did not take into account the 2015 Remedy position but provided detail on the proposed Remedy and indicated when relevant projections would feature on future Statements.

Pension Projects - 2015 Remedy (Sargeant)

The Service was seeking to address uncertainty over the Age Discrimination Remedy by contacting all members affected by Immediate Detriment to outline information and resources currently available pending implementation of the Remedy from October 2023. Additionally, the HMRC and Home Office position on treatment of Immediate Detriment continued to be closely monitored. Scheme Member representatives could also assist in ensuring clear, correct information was disseminated. WYPF was also seeking to produce a composite information source to assist individual firefighters.

The Service had paused processing Immediate Detriment cases following receipt, in March 2022, of a letter from HMRC highlighting significant legal and financial issues for fire and rescue authorities processing such cases prior to implementation of the Remedy. The Service was, though, awaiting issue of a revised LGA/FBU Framework on processing Immediate Detriment cases, based on legal advice obtained both by the FBU and LGA. Once received, the Service would review its position on the processing of Immediate Detriment cases.

Reporting Breaches of Law

There had been no breaches to report since last meeting.

Internal Dispute Resolution Procedure (IDRP)

Two complaints under the Procedure had been received since the last Board meeting.

Pension Administrator Quality of Service

The Service continued to collaborate with WYPF and to review, periodically, the arrangements in place to identify potential improvements. It had been noted that there was no clear alignment between the KPIs listed in the Service contract and the monthly reports issued by WYPF. Issues had also been identified in recent months on the time taken by WYPF both to update member records following submission from the Service and for some other administrative processes, such as setting up deferred benefits and merging pension accounts. These issues would be addressed at the contract review meeting scheduled for early October 2022. See also Minute LPB/22/27 above.

WYPF advised of a high-level review it was conducting on KPIs, to seek to ensure greater consistency and accuracy.

Key Performance Indicators

For 10 out of the last 12 months, the Service had achieved the KPI for submission of monthly pension reporting to WYPF by the last day of the month.

During the period since the last report, the Pay & Conditions team  ...  view the full minutes text for item LPB/22/34

Draft document attached.

CONSIDERED draft Strategy, based on the LGA template and customised to reflect Devon & Somerset Fire & Rescue Authority arrangements. Once approved and signed off through the Service Policy Management System, the Strategy would be published on the website.

The Board indicated consensus to adoption of the Strategy, accepting that there was flexibility to further adapt/modify the document further as required.

(See also Minutes LPB/22/27 and LPB/22/34 above).

To review the register (attached).

CONSIDERED latest version (v1.12) of the Board Risk Register. The Register was a “live” document and could be updated at any stage. Mitigating actions had been listed against each risk, together with an indication as to whether further control actions were required. These, in turn, impacted on the net risk score.

The risk relating to the COVID pandemic (risk 16) had been updated to reflect a risk relating to a flu pandemic.

MM flagged the issues of relating to membership data (LPB005), administration processes (LPB006) and ABS production (LPB007), each of which featured on the risk register.

Clarification was required on whether deferred members should also receive an ABS. The LGA was of the view that deferred members should receive an ABS and that, if this was not being provided, this could be a reportable breach. Given this, it was felt that the relevant risk on the risk register should be escalated and considered further at the next meeting.

Actions:

·           In relation to risk LPB007 (production of Annual Benefit Statements), risk to be reviewed assess whether ABS was required for all Scheme Members. If so and this was not being complied with, consider whether this represented a reportable, material breach (MAT); and

·           To review risks LPB005 (membership data) and LPB006 (administration processes) (MAT).

(See also Minutes LPB/22/27 and LPB/22/34 above).

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

The website was up-to-date albeit it was recognised that training records were still required for the new Scheme Member representative.

(See also Minute LPB/22/31(a) above).

Attached. To review programme and items for LPB meeting on 7 December 2022.

NOTED latest version of the Board work programme to December 2024. The work programme could be varied as required. It was noted that tPR would not be undertaking an annual governance and administration survey for 2022, so reporting on this item could be removed from the December meeting on the work programme.

13.00hours, Wednesday 7 December 2022 via Microsoft Teams.

13.00hours, Wednesday 7 December 2022 via Microsoft Teams.