Surrey Pension Fund Committee - Friday, 13 September 2024 11.15 am

September 13, 2024 View on council website Watch video of meeting
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Summary

The Committee supported the proposed changes to the Council's Pension Fund Committee Terms of Reference and Scheme of Delegations. This decision reflects the ongoing project of ensuring that the Surrey Pension Fund is autonomous and appropriately ring-fenced from Surrey County Council, even though it is a wholly-owned entity. The committee heard a presentation from CEM Benchmarking on the fund's costs and returns relative to other pension funds. The committee noted their satisfaction at the successful application to become a signatory to the UK Stewardship Code. They also approved the fund's Task Force on Climate-related Financial Disclosures report.

Public questions

Five questions were raised by members of the public.

Janice Baker asked if the information sent to pensioners about their pension could include a simple graphic that explains how much of the fund's money is invested in fossil fuels, animal farms, or community-built environments. The Chair said the Fund already publishes a great deal of information, but that officers would see if a graphic could be added to the summary newsletters sent to pensioners.

Jennifer Condit asked if the committee was aware of two alternative low carbon funds that might have lower carbon intensity than the current Future World Fund. The Chair responded that the committee did consider alternative strategies when they decided to enter the Future World Fund three years ago and that they would look at this again during their annual review.

Jackie Macey asked about the UK Government's Pension Schemes Bill. She said she hoped the outcomes of that bill would not slow the fund's progress towards divestment from fossil fuels. The Chair said that there was not yet enough detail available about the bill to comment.

Lucianna Cole said she was pleased to hear that ocean biodiversity would be a topic of engagement in future, and asked for the names of the companies that Robeco would be engaging with on that issue. A representative from Border to Coast Pensions Partnership (BCPP), the Fund's asset pool, explained that those companies had not yet been identified, but that they would be included in a written answer to the question.

Lindsey Coeur-Belle asked for confirmation that the Fund's investments were aligned with the Paris Agreement and that all the fossil fuel companies in the portfolio had credible transition plans. The Chair said that a written answer would be provided.

Councillor George Potter said that he was aware that BP had in fact backtracked on previous commitments to reduce their carbon emissions, which is why the Fund had voted against BP at their most recent meeting, but had not yet divested from the company.

MySurrey issues

There was an update from the Local Pension Board on the performance of Surrey Pension Team. Tim Evans, the Board's Chair, explained that the problems caused by Surrey County Council's implementation of a new finance system, MySurrey, in June 2023 were continuing to impact the administration of the Fund. He explained that the project to fix the problems would continue until March 2025.

Tom Lewis, Head of Service Delivery for the Fund, explained that there was a backlog of 2,000 cases that could not be processed, and that Surrey Pension Team had taken on some of the employer responsibilities for Surrey County Council on a temporary basis to try and remedy the situation. The main problem was the quality of the data that had been migrated from the previous system. He explained that 94% of the Fund's active members had received their annual benefit statement, but that this figure would be 97% if Surrey County Council employees were excluded. Internal audit were rating the risk to the Fund as amber, as there were ongoing efforts to remedy the situation. The Pensions Regulator had also contacted the Fund independently to enquire about the problems, and to express concern about the lack of monthly contribution returns.

Councillor Potter expressed frustration that the issue was still ongoing, despite significant effort to resolve it. He suggested that the committee should formally express its concern to the Council about the impact of the MySurrey problems. He said that, from the perspective of the Fund, Surrey County Council was simply a supplier of administrative services, and that as a customer, the Fund had the right to seek financial restitution from its supplier to compensate its members for the inconvenience caused.

Mr Mason said that the issue had already been formally escalated to the Council through a letter from the Chairs of the Pension Fund Committee and the Local Pension Board. The Corporate Leadership Team and the Lead Member for Finance had both been involved in workshops about the issue. He said that, though it was too early to celebrate, recent progress had been positive. Mr Mason said that he and Mr Evans would write a further letter to the Council.

Councillor Robert Hughes explained that his committee, the Resource and Performance Committee, had reviewed the problems and were producing a series of recommendations for Cabinet about best practices for the acquisition of future software systems. He explained that the underlying problem was the limited notice that the council had been given about the withdrawal of support for the previous software.

Councillor David Harmer agreed with Councillor Hughes' explanation and reminded the committee that the group that had reviewed the issue had strongly recommended that future software projects must have a detailed plan that defines the desired outcomes before they begin implementation.

LGIM Withholding Tax

Lloyd Whitworth, Head of Investment & Stewardship, informed the committee that the Fund had recently underperformed its benchmark. This was due mainly to two factors: the ongoing underperformance of the BCPP Global Alpha Fund and an unexpectedly poor performance of the Legal and General Investment Management (LGIM) Europe ex-UK Fund.

Two representatives of LGIM, James Sparshott and Kathy Vawter, explained that the underperformance of the Europe ex-UK fund was due to a change they had made to the way they treat withholding tax. When investors receive dividends from Swiss and Belgian companies, those companies deduct 35% and 30% of the dividend respectively on account of tax, in accordance with their domestic tax laws. The UK has historically been able to claim back that tax as part of a wider tax treaty. However, recently both the Belgian and Swiss tax authorities have been rejecting claims from UK investors. As a result, LGIM had to write off a number of years of accrued withholding tax reclaims, which had a negative impact on the fund's performance. They said they had engaged with HMRC to try and find a resolution.

Mr Whitworth pointed out that LGIM's write-off had a disproportionate impact on the Surrey Pension Fund because the accruals had built up over a number of years while the Fund was not invested in the Europe ex-UK fund, meaning that the Fund had paid for units in the fund at an inflated price, based on accruals that would not be recovered.

Investment Beliefs

The Assistant Director - LGPS Senior Officer, Neil Mason, reminded the committee of the decision they had made at the last meeting to set up a sub-committee to explore the Fund's investment beliefs. The sub-committee will consider the Committee’s fiduciary duty in law, how it relates to the objectives of the Fund, and their investment beliefs. He explained that the sub-committee would hold three sessions, and that any changes to investment beliefs proposed by the sub-committee would be considered by the full committee. The sub-committee will also review the Fund's Investment Strategy Statement.

Governance Improvements

The committee considered a report on proposals to improve the governance of the Fund. Mr Mason explained that the report had been through a rigorous consultation process, and that it reflected the relationship between Surrey County Council as both a scheme employer and the administrative authority of the Fund. He explained that the proposals sought to more effectively manage potential conflicts of interest.

The main change would be a new requirement for the Committee to annually consider a Conflict of Interest Policy, and to report on how the potential conflict of the Council in its dual role as Administering Authority and a scheme employer is managed.

There were also proposals to tidy up the existing delegations of responsibility. Most operational decisions are already delegated to Mr Mason, as the Fund's Senior Pensions Officer, but this will now be formalised as part of the Council's Scheme of Delegations.

The report also proposed a thorough review of the services and products that are provided to the Fund by Surrey County Council, in order to benchmark costs and ensure that the Fund was receiving value for money in areas such as staffing, IT, cyber security, and accommodation.

The committee agreed to support all of these proposals.

Councillor Potter welcomed the report and said that it was common sense to manage conflicts of interest appropriately. However, he questioned whether the report went far enough. He pointed out that the report had considered the possibility of creating a Single Purpose Combined Authority, and that this option was presented as a way of completely resolving the conflict of interest, rather than simply managing it. He asked why this option was not being progressed. He also pointed out that the Government has stated that it prefers combined authorities as a way of simplifying local government structures.

The Chair responded that the report from the independent pensions industry expert simply outlined a range of options. He said that it was important to avoid making any changes that might be prohibited by future legislation, and that the proposals in the report were only a baby step towards greater autonomy for the Fund. Mr Mason said that the option of a combined authority was not available to all local authorities, as legislation that applies to London Boroughs would prevent them from adopting that structure.

Councillor Potter remained unconvinced and said that, given the Government's clear preference for combined authorities, the Committee should be making the right governance decisions based on the current situation, rather than worrying about what might be possible in future.

Councillor Duncan Eastoe said that he welcomed the commitment to benchmark costs and put service level agreements in place to ensure that the Fund was receiving value for money from its supplier.

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