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Pensions Committee - Wednesday 9 October 2024 6.30 pm

October 9, 2024 View on council website Watch video of meeting
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Summary

The committee noted the contents of all of the reports. They also noted a deputation from Lambeth Unison, a retired pensioner, and Glyn Secker, and asked officers to further engage with the fund managers about the Fund's investments in companies identified by the UN as being complicit in the Israeli occupation of the West Bank.

Performance of the Fund

The committee heard that the fund increased in size by 1.2% over the previous quarter, increasing by around £22 million. The fund slightly underperformed the benchmark across all time periods, largely driven by the performance of the London CIV (JP Morgan) and Invesco property portfolios. The actuary’s estimated funding level as at 30 June 2024 increased to 118% from 114% the previous quarter.

Councillor Scott Ainslie noted the poor performance of the fund, stating that in the 30 years he has been involved with the committee, he has never seen quite such a damning report. The committee heard from Mercer, the fund's investment advisers, that although the fund is underperforming relative to its benchmark, the benchmark is not an indicator of the health of the fund. Mercer stated that:

It's easy to confound the benchmark that you set your managers and the health of the fund.

Mercer argued that the key metric for measuring the health of the fund is the discount rate, which is the target that the assets need to achieve in order to meet future liabilities. This rate is around 3-4% and Mercer stated that the fund has comfortably achieved that target, even since 2022.

The committee discussed whether the London CIV was underperforming relative to other local government pension funds. Councillor Ainslie requested a comparator that lists the performance of all of the London boroughs' funds. Mercer said that such a comparator would not be useful because not all funds have the same investment strategy. The committee asked to see the comparator anyway, and Mercer said that it had been provided to them at a previous meeting.

Fossil Fuel Divestment

The committee then discussed the fund's exposure to fossil fuels. Councillor Ainslie noted that despite the council's previous decision to divest from fossil fuels, the fund still has an exposure of £9.6 million. He said that it was taking an inordinate amount of time to extract the fund from fossil fuels and asked to see a pathway out of indirect investments in fossil fuels. The acting head of treasury and pensions, Saul Omuco, said that it's almost practically impossible to get rid of that element because of the complex indirect nature of investments. He said that although exposure to fossil fuels appears in the accounts, it is not because the council is actively investing in them.

Ethical Investment

The committee heard a deputation from Lambeth Unison, a retired pensioner, and Glyn Secker about the Fund’s investments in companies linked to the Israeli occupation of the West Bank. The deputations called on the committee to divest from all companies complicit in the occupation.

The committee considered a report which identified that the Fund had a total of £250,000 invested in two multinational companies that operate in the occupied territories. These investments are in the M&G Alpha Opportunities Fund and the London CIV Multi-Asset Credit Fund. The committee discussed the legality of these investments and their fiduciary duty to the Fund's members.

Councillor Ainslie said that although the investments are small, they are shocking because they are invested in illegal settlements. He argued that:

It's not just like, it's illegal. British law says that these settlements are not legal.

He said that the committee should tell the fund managers to divest from these companies, or the Fund will withdraw its investments from those funds completely.

Councillor Joanne Simpson said that the committee should look at all of the countries that the fund invests in and consider their ethical record. She said that for the sake of transparency, the committee should be able to see a list of companies that officers have drawn up based on ethical criteria. Councillor Simpson was new to the committee and said that such a list would be helpful for her.

Peter Woodward, the pensioners' representative on the committee, argued that the committee had a duty to act on the issue of the Israeli occupation. He argued that the money in the fund does not belong to the council, but to the fund's members. He said:

It is the money, this is the deferred salary of the staff and members or whatever of the council.

Mr Woodward said that the committee had a fiduciary duty to make sensible investments, and that investing in illegal settlements was not a good investment. He agreed with Councillor Ainslie that the committee should write to the fund managers and make it clear that they must withdraw from these investments, or the Fund will withdraw from them.

The committee's legal advisor, Andrew Pavlou, said that the committee could make a decision to withdraw the fund's money from these investments but that they should do so methodically. He said that the committee should first seek legal advice and make sure that they have clear criteria for which companies they would divest from. He also advised that the committee should consult the Fund's full membership before making any decisions.

The committee chair, Councillor Martin Bailey, proposed that they note the report, which was agreed. He then suggested that the committee ask officers to draw up a list of all of the companies that the Fund invests in, so that the committee can consider their ethical record at a future meeting.

Councillor Ainslie put forward a list of companies involved in the Israeli arms trade that he had compiled independently and asked if the committee wanted to know if the Fund had investments in any of those companies. The chair put this to a vote, which resulted in a tie. He then used his casting vote to decide that the committee would not request details of investments in those companies.

Councillor Bailey concluded the discussion by saying that the committee would continue to engage with the fund managers on the issue of investments in the occupied territories.