It can’t be long before someone starts discussing LDI-Gate (the turmoil in the gilts market following the Government’s September mini budget), looking for parties to blame. There have been rumours about potential claims against liability driven investment (“LDI”) managers and investment consultants, and pensions celebrities have been summoned to appear before parliamentary select committees to … Continue Reading
Once in a while trustees get frustrated with what the law appears to tell them is their fiduciary duty. If they can afford it, trustees can resolve such ambiguities or uncertainty by getting a ruling from the courts as to how to interpret their duties. This is what two sets of charitable trustees recently did … Continue Reading
It’s Not All About Climate Change! On 1 October 2021, new regulations came into force requiring larger pension schemes (starting with occupational schemes that have £5 billion or more of assets, plus authorised master trusts) to put in place appropriate governance, reporting and publication arrangements in connection with climate-related risks and opportunities. It is unusual … Continue Reading
If you are a trustee, have you ever had one of those letters or emails questioning your investment strategy? I don’t mean questions about de-risking triggers, the security of counterparties or even strategic asset allocation queries, which are the stuff of trustee meetings. The type of enquiry I am referring to is the persistent member … Continue Reading
Our heading shows the stark warning to pension scheme administrators following the recent determination by The Pensions Ombudsman (TPO) in the complaint brought by Mr John Tenconi (Mr T) against the James Hay Partnership (James Hay). TPO upheld the complaint due to James Hay’s unreasonable delays and ordered that James Hay pay £43,700 (plus interest) into … Continue Reading
Daily policy initiatives by governments across the world who are desperate to avoid the worst ravages of an economic recession are fuelling a lot of the volatility in public markets with which investors are now sadly familiar. However, many pension funds have significant private market exposures through alternative investments. Those holdings are not immune to … Continue Reading
Whether you are more in the Mary Poppins or Corporal Jones camp when it comes to dealing with unexpected emergencies like the Coronavirus outbreak, the choice between taking minimal precautions for continuing business operations as normal and panicking is not very palatable. Pension fund operations are highly complex and, just like their counterparts in the … Continue Reading
The recent Employment Tribunal case of Mr Jordi Casamitjana, which caused quite a stir in the media, focused on the Tribunal’s decision that ethical veganism was eligible to qualify as a “protected characteristic” under the Equalities Act 2010. In that case, Mr Casamitjana was dismissed on the grounds of gross misconduct by his employer, the … Continue Reading
The DWP is consulting on new powers for The Pensions Regulator (TPR). The consultation covers: Notifiable events framework Declaration of intent (new) Voluntary clearance Engagement with other regulators Fines Contribution notices and financial support directions Of particular note are the new civil and criminal sanctions. The DWP is proposing that TPR should be able to … Continue Reading
As the central bankers of the world gathered at Jackson Hole last weekend and considered how and when to taper quantitative easing programmes (“just how long do we have to hold these government bonds?” must have been one of their breakout sessions), a salutary reminder of the continuing reality of the financial crisis that began … Continue Reading
Are pension transfer delays (and complaints about them) here to stay? In its 2016/17 annual report, the Pensions Ombudsman (PO) noted that there had been an increase in the number of complaints about pension transfers. In fact, complaints about transfers were the second most popular form of complaint, making up 10.5% of all new investigations … Continue Reading
The UK Financial Conduct Authority (FCA) published its final Report on its asset management market study yesterday. Key findings include: Asset management – the report finds evidence of weak price competition and recommends a number of remedial strategies, including improved transparency and an extension of the senior managers’ regime. However, the FCA has rejected the idea of … Continue Reading
The UK High Court has approved an application for judicial review brought by the Palestine Solidarity Campaign Limited against the Secretary of State for Communities and Local Government in a case which contains some fascinating principles of constitutional law.… Continue Reading
Whilst it is too early to tell what the full implications of the Brexit vote will be, we have had a number of enquiries from clients asking what their duties are in relation to their investment strategy. We have therefore set out some general guidelines for action now and in the short to medium term. … Continue Reading
The UK government has announced today probably the longest awaited policy change in the LGPS investment world, with a proposal to remove the limits on asset allocation that have been in place since the 1980s. The consultation proposes moving to a prudential supervisory regime of the kind which has operated well in the private sector, as … Continue Reading
UK pension fund trustees with liability driven investment strategies may be alarmed to learn that a new banking directive will give supervisory authorities powers to suspend their contractual rights against counterparty banks. We examine in an alert the issues and actions that trustees need to take now to manage this new regulatory development.… Continue Reading
Yesterday’s UK Financial Conduct Authority fine of the The Bank of New York Mellon London Branch and The Bank of New York Mellon International Limited (BNYM) for £126 million for failure to comply with FCA custody related rules is a salutary lesson in the importance of both understanding where operational risks lie within the custody … Continue Reading
