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PENSIONS POLICY INSTITUTE PPI What should be the roles and objectives of the Personal Accounts Delivery Authority and Board? Niki Cleal and Penny Beynon Pensions Policy Institute Nuffield Foundation, 02 May 2007


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PENSIONS POLICY INSTITUTE

Niki Cleal and Penny Beynon Pensions Policy Institute Nuffield Foundation, 02 May 2007

www.pensionspolicyinstitute.org.uk

What should be the roles and

  • bjectives of the Personal

Accounts Delivery Authority and Board?

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  • Research objectives and methodology
  • Objectives for the Personal Accounts

scheme

  • Stakeholder feedback on each stage in

the Government’s proposed model

  • Transition options and issues
  • Questions for discussion

Agenda

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  • Gauge stakeholders’ responses to the

3-stage model, and identify differences and commonalities in views:

  • Roles and responsibilities
  • Aims, objectives and accountability
  • Membership and structure
  • Evaluation criteria and indicators of success.
  • Identify options for addressing any

issues raised.

Research objectives

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  • Desk-based review of policy papers

and documents

  • Key stakeholder interviews
  • Review of White Paper responses
  • Case study analysis
  • Best practice literature

Research methodology

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  • A scheme run for its members
  • Independently of Government
  • Utilising private sector expertise
  • Governance that builds credibility and

public confidence

Aims for setting up and delivering PAs

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Broad agreement with scheme objectives

  • Overriding objective - Governing in the best interests of

members and beneficiaries

  • Government should set the scheme objectives and they

should be in legislation

  • The Delivery Authority and the Board need objectives in

line with the scheme objectives, however these may not

be exactly the same

  • Some scheme objectives are conflicting
  • Specific comments regarding some scheme objectives

Scheme objectives: Stakeholder views

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  • 1. Optimising levels of participation & contribution among the

target group

  • 2. Setting an investment strategy in the best interests of members
  • 3. Minimising burdens on employers
  • 4. Considering the impact on other high quality pension provision
  • 5. Assuring security of administration
  • 6. Governing in the best interests of members and beneficiaries
  • 7. Ensuring that the Board acts impartially, prudently, responsibly

& honestly

  • 8. Delivering appropriate levels of choice
  • 9. Achieving both the lowest possible charges for members &

charges that are fair between members 10.Ensuring that funds are invested in the best interests of members

Ten scheme objectives

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Three-stage model: Stakeholder views

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Advisory Delivery Authority

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The Pensions Bill 2006 sets the:

  • Advisory Delivery Authority structure
  • Appointment process
  • Remit for advisory Delivery Authority to:

do anything it thinks appropriate for preparing for the implementation of, or for advising on the modification of, any relevant proposals about personal accounts.

Advisory Delivery Authority

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Executive Delivery Authority

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Government intends for:

  • The advisory Delivery Authority to take on

executive powers

  • The executive Delivery Authority to be

responsible for - procurement, project management, design and development of the investment strategy, engaging with stakeholders, marketing and comms, setting up arrangements for engaging with members.

Executive Delivery Authority

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Executive DA: Role options

Narrow Remit Broad Remit Hybrid Remit

Scheme set-up tasks Scheme set-up tasks Scheme set-up tasks

  • Set-up for

exempt schemes Advise on set-up for exempt schemes

  • Set-up for

enforcing employer compliance Advise on set-up for enforcing employer compliance

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Executive DA: Stakeholder views

In scope ‘Grey’ areas Out of scope

  • Scheme set-up tasks

eg procuring services for administering PA, managing funds, developing IT systems

  • Advise on key policy

decisions

  • Advise on impact on

existing provision

  • Investment strategy –

should be set by either DA or Board

  • Set-up tasks for

existing provision (eg designing exempt scheme test, registration process)

  • Employer compliance

enforcement framework

  • Some key scheme

policy decisions (eg defining target group, setting contribution cap)

  • Key exempt

scheme policy decisions

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Executive DA: Objectives

Narrow Remit Broad Remit Hybrid Remit

Scheme

  • bjectives only

Scheme

  • bjectives

Scheme

  • bjectives
  • Additional
  • bjectives to

deliver Additional

  • bjectives to

provide advice

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Personal Accounts Board

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Government intends for:

  • A Bill in the Autumn to set out the legal

framework for governing Personal Accounts

  • The scheme to be governed by an independent

Board

  • The Board to be responsible for overall

management of the PA scheme, setting the strategic direction for achieving scheme objectives and investment strategy.

Personal Accounts Board

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Board: Role options

Narrow Remit Broad Remit Hybrid Remit

Scheme

  • perational tasks

Scheme

  • perational tasks

Scheme

  • perational tasks
  • Register exempt

schemes Advise on exempt schemes

  • Enforce

employer compliance Advise on enforcement of employer compliance

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Board: Stakeholder views on role

In scope ‘Grey’ areas Out of scope

  • Scheme operation

tasks eg fund management, contract management, customer service, monitoring scheme performance, information to members

  • Investment strategy
  • Key decisions (eg

setting the charging structure)

  • Monitoring impact
  • n existing provision
  • Generic financial

advice

  • Monitoring and

enforcing employer compliance

  • Registering exempt

schemes

  • Key policy

decisions (eg changes to employer contribution limit)

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The Board needs to deliver scheme objectives, and additional objectives if it has a Broad or Hybrid remit

  • Overriding objective Governing in the best interests of

members and beneficiaries

  • Conflicting objectives could be dealt with through

prioritising the Board’s objectives

  • Objectives for the Board need to be refined when

division of roles and responsibilities has been decided

  • The Board needs objectives that are SMART

Board: Objectives

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Government has opted for the PA Board to be a Non-Departmental Public Body

– it could also be a trust Occupational pension schemes are typically trusts:

  • Governed by a Board of Trustees, who have a

fiduciary duty to members

  • Required to have 1/ 3 Member-Nominated Trustees
  • All Trustees are bound by the trust deed, the

scheme rules and trust law

Board: Legal status

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Personal Accounts Board will need to be accountable to:

  • Government
  • The public
  • Scheme members

Board: Accountability

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Member and other stakeholder representation

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  • Fiduciary duty to govern in members’ interests
  • Objectives related to specific stakeholders’

interests

  • Legal duty to consult
  • Stakeholder panels (eg consumer/ member panel)
  • Independent consumer/ member body
  • Member representation on the Board

Representation: Options

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Transition options and issues

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Transition Options

A-Day handover Pre-2012 Handover Post-2012 Handover Parallel

  • peration
  • Board takes all

responsibility from 2012. DA would: a) be disestablished & handover to the Board b) become the Board.

  • Board takes

responsibility for all tasks prior to 2012. (ie set-up tasks & procurement duties that the DA had undertaken)

  • DA runs the

Personal Accounts scheme for the first 1-2 years of

  • peration.
  • DA and

Board

  • perate in

parallel with: a) different powers b) different remits.

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Conclusions

  • The Personal Accounts scheme should be run in

the best interests of its members

  • Independence from Government is particularly

important to insulate investment decisions

  • Interviewees lean towards a hybrid remit for the

Delivery Authority, and a narrow or hybrid remit for the Board

  • Representation of stakeholder interests is

important through all phases of set-up and delivery of Personal Accounts

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  • Q1. What should be the role and remit for the

Board?

  • Q2. What are the most appropriate ways to ensure

member and stakeholder representation on the Board?

  • Q3. Is it appropriate to set objectives for the Delivery

Authority, and if so how should they be framed?

  • Q4. What is the best way to transition from the

Delivery Authority to the Board?

Issues for discussion

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  • Q1. What should be the

role and remit for the Board?

Narrow Remit Broad Remit Hybrid Remit

Scheme

  • perational tasks

Scheme

  • perational tasks

Scheme

  • perational tasks
  • Register exempt

schemes Advise on exempt schemes

  • Enforce

employer compliance Advise on enforcement of employer compliance

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  • Fiduciary duty to govern in members’ interests
  • Objectives related to specific stakeholders’

interests

  • Legal duty to consult
  • Stakeholder panels (eg consumer/ member panel)
  • Independent consumer/ member body
  • Member representation on the Board
  • Q2. What are the most

appropriate ways to ensure member and stakeholder representation on the Board?

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  • Q3. Is it appropriate to

set objectives for the Delivery Authority, and if so how should they be framed?

Narrow Remit Broad Remit Hybrid Remit

Scheme

  • bjectives only

Scheme

  • bjectives

Scheme

  • bjectives
  • Additional
  • bjectives to

deliver Additional

  • bjectives to

provide advice

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  • Q4. What is the best way

to transition from the Delivery Authority to the Board?

A-Day handover Pre-2012 Handover Post-2012 Handover Parallel

  • peration
  • Board takes all

responsibility from 2012. DA would: a) be disestablished & handover to the Board b) become the Board.

  • Board takes

responsibility for all tasks prior to 2012. (ie set-up tasks & procurement duties that the DA had undertaken)

  • DA runs the

Personal Accounts scheme for the first 1-2 years of

  • peration.
  • DA and

Board

  • perate in

parallel with: a) different powers b) different remits.