Agenda and minutes

No new interests were declared.

Notes of the meeting held on 7 September 2022 attached.

The Notes of the meeting held on 7 September 2022 were AGREED.

Latest Action Log attached.

CONSIDERED latest version of Action Log listing Open Actions. Progress against actions was indicated in the comments column. The following were noted:

·           Action LPB044: West Yorkshire Pension Fund (WYPF) Cyber Security Business Continuity Plan. A response from WYPF was still awaited. Action: MAT to contact WYPF to specify what assurance, both in terms of cyber and broader business continuity aspects, the Service was seeking;

·           Action LPB055: the Administration, Management & Governance Strategy was drafted but was still awaiting publication;

·           Action LPB070: development of KPIs. Work was still progressing, albeit that it had been necessary for other issues to take priority. The WYPF report for November was still awaited;

·           Action LPB072: revision of training needs analysis. Board Members were encouraged to complete and return these to MAT. Completed forms would help inform the future training plan for the Board;

·           Action LPB076: a watching brief was being maintained. It was expected that revised tPR training modules would be issued once the new Code of Practice was published. In the meantime, Board Members were encouraged to complete the existing e-learning modules (if out of date) at the earliest opportunity and provide evidence of completion in due course’

·           Action LPB081: the Pensions Discretions Policy had been approved but was yet to be published. The policy would be in force 28 days after publication. The retirement and re-employment (including abatement) policy had been drafted but, as with the Discretions Policy, there were issues in relation to publication. MP referenced the Pay Policy Statement, which was where the retirement and re-employment policy was currently set out. It would be necessary to ensure this was up-to-date by the Authority budget meeting in February 2023;

·           Action LPB088: the Service was corresponding with WYPF on developing Pensions Dashboards. The information used for the dashboard would be the same as used for the Annual Benefits Statement.

(See also Notes LPB/22/43(a), LPB/22/46, LPB/22/48 and LPB/22/50 below)

Latest version attached.

NOTED latest version of the Board Training Log (updated June 2022). This indicated that MP and SS (Scheme Manager representatives) were out of date from June 2022; and that JL and BR (Scheme Member representatives) were out of date from March and October 2022 respectively. Additionally, the new Scheme Member representative, GW, was yet to undertake the Pension Regulators (tPR) e-learning modules. The refresh rate was every two years.

All Board Members with outstanding training requirements were encouraged to undertake the relevant e-learning modules as the earliest opportunity.

(See also Note LPB/22/42 above and LPB/22/50 below)

Latest Correspondence Log attached.

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

(See also Note LPB/22/45 below)

Paper attached.

NOTED document providing an overview of the contents of LGA Pension Bulletins issued since the last Board meeting. The document provided actions for the Service together with an indication of progress against those actions.

(See also Note LPB/22/44 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 Note LPB/22/42 above)

Pension Projects

(a).  2015 Remedy (Sargeant)

The Service position on immediate detriment had not changed since the last Board meeting. Consideration was currently being given to suitable communication Category Two (retired colleagues), given that all announcements on this matter to date had been internal and would not have reached those who fell into ‘Category Two’ under the Immediate Detriment Framework.

(b).  Matthews – Second Options Exercise

Since the last Board meeting, the LGA had added a section to the FPS members website specifically in relation to Special Members of the 2006 Scheme, providing overview of the Court ruling, an outline of which members were eligible and an expected timeframe for the second options exercise. The page reiterated that the government was currently drafting the scheme rules required to bring in the second options exercise in England, prior to consultation and implementation of the relevant legislation, which was expected to be in place by 1 October 2023.

Following this, FRAs would be expected to start the second options exercise and contact eligible members. The exercise would run for a maximum period of 18 months (October 2023 to March 2025).

The form circulated by the LGA would only require completion by people no longer with the Service.

Reporting Breaches of Law

Since the last meeting, two potential breaches (details of which were appended to the Scheme Manager’s Update) had been reviewed and considered reportable to the Pensions Regulator.

(See also Note LPB/22/50 below)

Internal Dispute Resolution Procedure (IDRP)

Two complaints under the Procedure had been received since the last Board meeting. Both had been heard at Stage 1 and progressed to Stage 2. At Stage 2:

·         For the first case, the Stage 1 finding had been upheld (i.e. the complaint was not upheld and the appeal dismissed);

·         For the second case, it was found at Stage 2 that there was a shared responsibility to notify the Pension Administrator of retirement and re-employment. Consequently, the Stage 2 finding was not to overturn the Stage 1 decision but to reduce the requirement for overpayment from the appellant. Following this decision, the Service would be reviewing and revising as necessary, in consultation with WYPF, its processes relating to retirement and re-employment.

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. This matter had been discussed with key stakeholders at WYPF, alongside other concerns  ...  view the full minutes text for item LPB/22/46

Documentation (including links to relevant slide-decks) attached.

RECEIVED note summarising issues covered at the Annual Fire Pensions Conference held on 25 and 26 October 2022. Preparation for implementation of the age discrimination remedy was the main focus. This – together with the Second Options Exercise - could have a significant resourcing impact on the Service during 2023.

Links to the presentations for both days were included in the note.

(See also Notes LPB/22/46 above and LPB/22/49 below)

The November WYPF report contained a helpful article on Pension Dashboards – in terms of requirements and what the Dashboards were intended to achieve.

(See also Notes LPB/22/42 and LPB/22/46 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 LPB016) had been updated to reflect a risk relating to a flu pandemic.

MP commented that it may be necessary to revisit risks LPB014 (age discrimination) and LPB015 (Matthews Second Options Exercise), based on earlier comments as to the potential volume of work and resourcing levels.

(See also Notes LPB/22/46 and LPB/22/47 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.

Consideration was being given to publishing the breaches register on the website.

(See also Notes LPB/22/42, LPB/22/43(a) and LPB/22/46 above)

Attached.  To review programme and items for LPB meeting in March 2023.

NOTED latest version of the Board work programme to December 2024. The work programme could be varied as required.

MP stated that there was some uncertainty over the Pension Regulator annual governance survey. The work programme would be amended once the position was clarified.

13.00hours, 15 March 2023 via Microsoft Teams.

13.00hours, Wednesday, 15 March 2023 via Microsoft Teams.