Sunday, October 13, 2019

UN Pension Fund - UNPR Note - Terms of reference for Board members, 2019


Note by UN Participants Representatives
to the Pension Board

Terms of Reference for Members of the Pension Board
2019

Summary

The General Assembly in is resolution 73/274 paragraph 14(a) noted that the Board would review The terms of reference, and self-evaluation methodology of Board members; The resolution takes note of the OIOS recommendation 1 in its report A/73/341 as follows:

“The Board should: (a) establish clear terms of reference for its members outlining, inter alia, the desirable competencies for their appointment and any appropriate restrictions or limitations; and (b) review its current methodology for self-evaluation to make the exercise more effective and useful.



Using a best practice approach[1]  the proposed terms of reference are based on definitions of ‘fiduciary dutiesfound in the laws of various member states[2] [3] taking into due consideration, the tripartite nature of the UN Joint Staff Pension Board.

The Terms of Reference for the Board should also consider paragraph 44 of resolution 73/274 which highlights the importance attached by the General Assembly tocontinuing to ensure unfaltering accountability by the Pension Board…” [emphasis added] and would therefore also require that there be consequences in the event these terms are violated.

Therefore the Board may wish to endorse the attached list of duties to be incorporated as Terms of Reference (TORs) for Board members and request the Governance Working Group to i) examine and recommend disciplinary measures in the case of violation of TORs and ii) review the methodology for self-evaluation so as to identify necessary training to enhance the competency of Board members.



Terms of reference for Board members

An individual nominated, appointed or elected to the United Nations Joint Staff Pension Board shall owe the following fiduciary duties to all the participants and beneficiaries of the Fund:

i)  Duty to become familiar with and observe the UNJSPF regulations and rules of finance, administration and procedure, General Assembly resolutions and orders of the UN Appeals Tribunal.
ii)    Duty of loyalty to all participants and beneficiaries of the fund
iii)  Duty to act in the interest of said participants and beneficiaries
iv)  Duty to seek knowledge in regards to the investments of the Fund
v) Prudence in dealing with the liabilities of the Fund paying benefits and defraying reasonable costs of the administration of the Fund.
vi)  Make honest efforts to read the valuation of the Fund- ask question the methods and assumptions that do not make sense
vii)  Duty to seek independent advice on matters related to the oversight of the Fund.

Additionally Board members shall:

      Ensure the resolutions of the General Assembly are adhered to
      Report non-observance to the General Assembly
      Ensure prudence and reduction of risk to Member States
      Ensure the social security of participants of the Fund is upheld so as to be able to attract a competitive workforce
      Ensure prudence in administration of Fund expenditure and use of resources
      Keep participants and beneficiaries abreast and informed of Fund matters
      Ensure that proposals to enhance the defined-benefit consider the overall health of the Fund


Consequences


In examining itself the Board should decide on consequences for any member who violates these duties by applying disciplinary measures such as censure or other review by the Standing Committee including recall.








[2] Employment Retirement Income Security Act (ERISA) - the law in the United States
[3] The Pension Regulator  -law in the United Kingdom

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