Wednesday, July 18, 2018

Highlights of today's pension briefing by the New York-based UN participant representatives to the UN Pension Board, 18 July 2018

Note that UN participant representatives represent active UN staff on the Pension Board. UN retirees have had no such briefing from FAFICS, our purported representatives to the Board, on policy positions they intend to take at the upcoming 65th session of the Pension Board in Rome (starting on 26 July)


Highlights from today’s pension briefing by the New York-based UN participant representatives to the Pension Board, 1.15 pm, ECOSOC Chamber

18 July 2018


Ibrahim Fay gave a summary of activities and outreach undertaken by the UN participant representatives in the past year, in keeping with their fiduciary responsibility to keep participants informed.

He noted that, in addition, several meetings had been held with the Deputy CEO of the Fund Secretariat to discuss the backlog, including sustainable means of addressing the increased number of separations; and with the Representative of the Secretary-General for Investments to discuss the Fund’s ESG (Environment, Social and Governance) policy, and other matters. 

UN participant representatives had participated in the Staff Pension Committee’s meetings on disability benefits and had requested that regular additional meetings be held to focus on governance matters. There are conflicting interests between UN family members and other members of the SPC and most of the backlog affected UN family members.

The issue of conflict of interest pertaining to two Fund staff members (himself and Ms. Rockcliffe) who had won their UN Administrative Tribunal cases was reopened, in order to have a more streamlined policy to manage the issue. The need to align Pension Board rules with GA-adopted regulations was also discussed.

The UN participant representatives had tried to have a meeting to discuss feedback to the draft OIOS audit report (requested by para. 8 of GA resolution 72/262), owing to OIOS’ tight deadline. This was not achieved because of the lack of a quorum. UN participant representatives provided their input on behalf of participants and beneficiaries of the Fund.

Michelle Rockcliffe noted that the Secretary-General’s representatives on the Board had worked with the UN participant representatives to provide additional funding from the UNSPC budget to facilitate a meeting in Rome between the two groups to finalize preparations for the upcoming 65th session of the Board. She hoped it would become established practice for the UN representatives to meet twice a year outside the Board.

In preparation for the Pension Board's 65th session in Rome, the UN participant representatives have tabled five major papers on the following topics:

-       mitigating the backlog
-       requesting a review of Board composition
-       re-establishing the use of the Standing Committee
-       election of retiree representatives
-       reviewing the rule to exclude Fund staff and other  pension secretariat staff from election to the Board
-        
Backlog: There’s a position paper suggesting that 80 per cent of entitlements due should be paid regardless of the receipt of all official documents, if they are not received within three months after separation. A few thousands of former staff stood to benefit.

Review of Board composition: the UN family represents 68 per cent of participants but only 12 (36 per cent) of 33 seats on the Board. Specialized Agencies with only 32 per cent of participants have 21 members (64 per cent). Because of this imbalance, the Fund’s priorities have not been geared towards procedures that benefit the UN family.

Standing Committee: the Standing Committee should meet when the Board is not in session. The fact that it does not meet regularly contributed to the backlog and other serious issues raised by the Board of Auditors and OIOS. The UN participant representatives have proposed the holding of bimonthly meetings of the Standing Committee.

Election of retiree representatives: FAFICS represents 18, 500 of some 52,000 plus retirees. The UN participant representatives have seen the call from retirees for direct election of their representatives, as is the case for participants and governing bodies. FAFICS should be given observer status. The UN participant representatives have asked that a working group be established to work toward election of retiree representatives in time for the 66th session in 2019.

Reviewing the rule to exclude Fund staff from the Board : The Board decided in 2017 on the advice of the CEO to prevent staff from the Fund Secretariat and pension secretariats of specialized agencies from election to the Board. This decision was made before the UNAT ruling and the UN participant representatives hoped that the Board will take this opportunity to correct this error once and for all.

Other issues would come out of the OIOS governance audit on which the Board is expected to spend a lot of time. However, there are 61 items on the Board’s agenda including actuarial matters, investment matters, and (controversial) proposals by the CEO to change regulations, as well as Committee reports, and it is likely that some of these items would be referred to the Standing Committee.
During the Q&A, a retiree commented that resolution 72/262 is the first GA resolution calling for an audit based on possible conflicts of interest between the Board and the Fund management in the last ten years. He was aware that the audit was completed and that some responses had been received including from FAFICS, which contended that nothing was wrong with the current representation of retirees on the Board. FAFICS claimed to be democratic, representative and open, which, he said, was a surprise to him since FAFICS excluded participation in its policy-making. While in the past it was possible to receive information on upcoming issues on the Board from the AFICS office, FAFICS now claims that the documents are restricted, despite the fact that there is no regulation stating that these documents are confidential. In addition, FAFICS supported the Fund Secretariat when it said that the backlog was 3000, and then 500. It had recently come out, he said, that the actual backlog is 15,000. He requested to know the status of succession planning in the Fund Secretariat, given that the CEO is on sick leave, and the DCEO is expected to retire on 31 August 2018.

Another retiree (author of the highlights) asked the UN participants to bear in mind that regarding the findings of Board of Auditors and ACABQ reports about mismanagement on both sides of the Fund, and OIOS audits on the backlog, problems with IPAS implementation, and procurement irregularities, each and every action that represented progress had been taken by the ACABQ or the Secretary-General.

On the investment side, the SG had replaced his Representative for Investments. He had reappointed the CEO for three years (instead of five years as originally requested by the Board) subject to performance monitoring and a review this summer. Since the CEO was on sick leave, there was likely not to be a review.

Much as she appreciated the efforts of the UN participant representatives, it was important for them to recognize that no useful action could be expected from the dysfunctional Board, which included the dysfunctional retiree representatives, FAFICS, or from the Fund management.

She noted that as a result of several Board of Auditors, OIOS and ACABQ reports over the past several years, there were numerous recommendations to the Fund and to the Board that had been languishing unimplemented. Given that the current OIOS governance audit had produced recommendations on a wide range of issues, she wondered whether the UN participant representatives had devised a strategy to ensure that these recommendations were implemented.

Responding to comments and questions,  Ibrahima Fay said that in conducting the comprehensive governance audit, OIOS had done a commendable job of uncovering conflicts of interest in the relationship between the Board and the senior Fund management. Once the audit was finalized it would go the General Assembly, as the body that requested it, and he hoped that it would provide a timeline for implementing the recommendations.

He confirmed that the CEO was on extended sick leave, and said that he wished him well. He also confirmed that the Deputy CEO will retire on 31 August 2018 and that a search committee had been established to recruit his replacement. There had been a discussion in the Board about following established procedure by which the Standing Committee would act on behalf of the Board. The Board Chair decided to initiate a process outside the established machinery. The OIOS governance audit has made a recommendation on the way forward.

Regarding a strategy for implementing the recommendations of governing bodies, and OIOS, he believed that governance audits should be a permanent process, conducted every 10 to 15 years, as is the case for most pension funds.

A majority of the Board had wanted to provide a response to the governance audit in August, after the Board meeting. The UN participant representatives disagreed and pushed to meet the OIOS timeline, in support of OIOS’ mandate to submit the report to the next General Assembly. OIOS had met with the Chairs of the Committees. The UN participant representatives provided their input on the recommendations and others followed. Responses have been provided by the Chef de Cabinet on behalf of the Secretary-General, as well as FAFICS. The UN participant representatives intended to ensure that their views are incorporated in the annual report to the GA.

The Member States are expected to take action. The Board is not the ultimate manager of the Fund, but rather, a subsidiary body of the GA. Ultimately, it would be up to the GA to initiate a working group, with the participation of specialists outside the Board, on finance, governance and audit. The UN participant representatives are certain that the GA will welcome the audit with great interest. 

Michelle Rockcliffe noted that items tabled for the Board’s agenda, including changing its composition, would go a long way toward better functioning of the Board. The GA had requested this change at least five times in the past. The UN participants believed that with a more balanced composition of the Board, UN participants would be better served by the Fund. Another improvement would come from more frequent meetings of the Standing Committee. Under the rules it should meet when the Board is not in session. Instead, it has been meeting for half a day once per year when the Board is in session.

In response to a comment from a retiree, Ibrahima Fay stated that on the actuarial valuation, unlike last year’s figures which were inaccurate, data provided must be accurate in order to defend and protect the Fund. The UN participants intended to ensure that there is accountability in providing data to the stakeholders.

He also noted that he and Michelle Rockcliffe had attended a meeting of the American Federation of Teachers in Pittsburg. The take away was that according to  recent Calpers studies, defined benefit plans that in the 1990s had represented 53 per cent of public pension plans were in 2018 diminished to 17 per cent. The industry was showing a strong shift away from defined benefit plans and vigilance was required to ensure that this did not happen to the current UN pension plan. There was also a question of the consideration of diversity (gender, minorities) in how the Investment Management Division selected its investment managers.

In response to a question from a retiree, the Chief of Client Services (UNJSPF) present at the meeting noted that there was no proposal or intention to change the pension scheme. Rather, the intention was to protect the defined benefit plan. She explained that with defined benefit the risk lies with the employer, whereas with defined contribution, the risk lies with the employee.

Loraine Rickard-Martin
18 July 2018



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