UN Pension Fund: How many rules can a Board break with total impunity? 12 January 2019

Now that General Assembly resolution A/73/274 (linked below) calls for sweeping reforms of UN Pension Fund governance, and for a Pension Board working group to “adhere to the tripartite structure of the Board, to consider the issues of participation, rotation and equitable representation on the Board” (all related to OIOS findings and recommendations rejected by the Board),  Board Chair, John Levins -- "the Chair's duties are over until the next Board meeting or intersessional Board meeting" --  is again circumventing Fund Regulations to stack the working group with some of the usual suspects to ensure the desired results of blocking any meaningful improvement in governance intended by the resolution.

The answer to the question of "how many rules can a Board break with total impunity" may have something to do with the fact that "The Chair of the Standing Committee –refuses our requests and shirks her responsibility to request the Secretary to convene  a meeting of the  Standing Committee  to discuss this important GA resolution and the way forward."

Note for information: The Chair of the Standing Committee is the Assistant Secretary-General for Human Resources Management.

See full note below from Michelle Rockcliffe and email to Board members from John Levins.

Note dated 10 January 2019 from UN Participant Representative to the Pension Fund Staff Pension Committee, Michelle Rockcliffe

Excerpt: “The Chair’s duties are over until the next Board meeting or intersessional Board meeting – which according to the Rules of Procedure  must be decided upon by the Standing Committee, along with the Terms of reference (TORs) for the group – which is the actual established practice. We have all already experienced the failure that occurs when a group is established without TORs – as happened in the failed selection of the Deputy CEO in 2018.”

Full message:

Title: How many rules can a Board break with total impunity?

In contempt of the General Assembly’s resolution 73/274 where it reiterates its prerogative on matters pertaining to the Fund (para 5)  and  in paragraph 14  clearly states  that the review of governance must be done by  the tripartite Board;  and in violation of the UNJSPF Regulations Rules  - which states that the Standing Committee makes decisions when the Board is not in session,  the Chair of the 65^thsession (2018)  is again sending around illegitimate polls via emails, and designating Polling Officers from within the UN Pension Secretariat – probably emboldened by the SG’s consideration of  the illegal poll submitted to recommend the new Acting CEO.

We now receive yet another “out of order”  message from Mr. John Levins. The Chair’s duties are over until the next Board meeting or intersessional Board meeting – which according to the Rules of Procedure  must be decided upon by the Standing Committee, along with the Terms of reference (TORs) for the group – which is the actual established practice. We have all already experienced the failure that occurs when a group is established without TORs – as happened in the failed selection of the Deputy CEO in 2018.

This Chair of the 65^th Session appears to not only be taking over the duties of the Secretary of the Board, but also the privileges of members of the Standing Committee who have not ceded their rights to him. 

Adding insult to the arrogance in his “instruction” below –  Levins also ignores the fact that UN, UNDP, UNHCR and UNICEF participants are all indeed represented on the Board and is continuing his mission  to intervene in the UN participants’ business  in an obvious attempt to  divide us.   

Within the last 3 months, even while the GA was considering the  OIOS audit on governance – various members of the Board kept up the violation of the UNJSPF Rules.

My worst fears are being realized –that the constant breaking of rules by the Board  is now filtering into the Fund’s operations -  as the (former) Acting CEO  approved an entitlement even though the process was unlawful and appears  corrupt;  it is now unclear whether the entitlement is really due.  UN Participants’ representatives have requested that the Chair of the UNSPC  convene a meeting in this regard.

The Chair of the Standing Committee –refuses our requests and shirks her responsibility to request the Secretary to convene  a meeting of the  Standing Committee  to discuss this important GA resolution and the way forward.

I reject this unadulterated disrespect for the rule of law and am  therefore obliged share this with fellow participants/beneficiaries of the Fund.

Michelle Rockcliffe

Participants’ Representative, UN Staff Pension Committee

This message is sent on behalf of Mr. John Levins, Chair of the 65^th session of the UNJSPB, Thursday, 10 January, 2019 3:43 PM

:

Subject: Formation of Pension Board Governance Working Group

Dear Members of the 65^th Session of the Pension Board,

Wishing everyone a very Happy New Year.

This is to follow-up on my message of 13 December 2018, below, asking that each constituent group and FAFICS nominate representatives to the Governance Working Group (GWG), established by the Board (para 353, A/73/9).

In addition to items to be addressed by the Working Group, as listed in paras 355(a) through (g) of the Board’s report, the Board also stated that in accordance with the prevailing practice, the Board will follow up on the accepted recommendations with respect to the governance audit by OIOS (final report A/73/341). Furthermore, the United Nations General Assembly provided additional guidance on the required terms of reference of the working group. Please refer particularly to paras 13 through 15 of the attached resolution (A /RES/73/274) of 22 December 2018 on the UN pension system.

So far, nominations received are as follows:

Constituency	United Nations	Specialized Agencies
Governing Bodies:	Amb. M. Rahman	Mr. V. Yossifov (WIPO); Mr. J.E. Garcia II (UNESCO)
Executive Heads:	Ms. M. H. Lopez	Ms. A VanHoutte (FAO/WFP); Ms. C Hennetier (WHO)
Participants:		Ms. K. Bruchmann (WHO); Mr. I Zabaar (IAEA)
FAFICS:	Mr. W. Sach; Mr G. Schramek. Alternate Mr. M. Breschi

In order for the Working Group to start its work as soon as possible, I should be greatly obliged if those who have not yet provided their nominations  can do so as soon as possible, by the COB Monday, 14 January 2019. Please submit your nominations to me by email, with cc to arndt@un.org  and toomel@un.org .  

Given the complexity of the task and the variety of interests and opinions, it has been suggested that each constituency be represented by three and not just two individuals. Therefore, you will see from the above that we have more nominations than earlier proposed. At its first meeting, the Working Group would, as per established practice, need to agree on its Terms of Reference as well as decide on the size of the membership, with possible alternate members. In addition, the Group would need to consider the following proposals at that time:

a.     representation of IOM;

b.     representation of UN Family entities such as UNICEF, UNHCR and UNDP;

c.      participation of SPC Secretaries;

d.     need for secretariat support and facilitator of the Working Group; and

e.     need for professional consultancy, with expertise in pension fund governance matters.

There is an urgency to get this work started in order for the Group to report to the Pension Board in July, and then for the Pension Board to submit the key findings of the review to the General Assembly at the main part of its 74^th session, as requested in resolution 73/274.

I thank you for your continued support and cooperation.

Kind regards,

John Levins

Chair of the 65^th session of UNJSPB

https://undocs.org/A/RES/73/274