October 2023

UK. DWP urged to assess case for formal regulation of pension scheme administrators

The Department for Work and Pensions (DWP) should assess the case for bringing administrators into formal regulation, an independent review of The Pensions Regulator (TPR) says The review, published last month, was led by Mary Starks - a former director of competition and chief economist at the Financial Conduct Authority - who was appointed to lead the review into TPR at the beginning of this year. Starks found TPR's supervision team currently engages with three pension scheme administrators on a voluntary basis but said...

September 2023

TPR issues first climate-related reporting penalty to ExxonMobil’s U.K. plan

The U.K.'s Pensions Regulator issued its first fine against a pension fund for failing to publish a report on how its trustees manage and govern climate-related risks and opportunities, delivering a £5,000 ($6,118) penalty to the ExxonMobil Pension Plan, Leatherhead, England. U.K. pension funds with more than £5 billion in assets have been required to publish a climate change report by a set deadline since October 2021. The report must be made publicly available on a website so participants can...

Best Practices for Defined Contribution Plans

By Nicole M. Boyson This paper provides operational and investment recommendations for ERISA 403(b) plans. Based on a review of academic literature and an empirical analysis, I recommend that plan investment menus include mostly passive index funds covering key investment categories, a full suite of index-based target date funds as the auto-enroll qualified default investment alternative, and a self-directed brokerage option. I also recommend that plan sponsors adhere to and regularly review the plan’s Investment Policy Statement, that the Retirement...

Comparing ESG regulation globally remains elusive – report

Comparing global regulatory demands on ESG funds will continue to be elusive, according to a regulatory update from ISS ESG published Sept. 21. Experts at the Institutional Shareholder Services' sustainable investment arm reviewed current and proposed regulations in the European Union, U.K., U.S., Canada, Australia, Hong Kong, Singapore and Japan, and surmised "that navigating the emerging regimes will remain a challenge for the foreseeable future," the 2023 Global Regulatory Update said. It noted that two major sustainability reporting standards were finalized in 2023:...

US. Fed holds interest rates steady

Federal Reserve officials on Sept. 20 held interest rates steady and signaled one more rate increase this year as the central bank continues its quest to tamp down inflation without overcooling the economy. The Federal Open Market Committee left the federal funds rate unchanged at a range of 5.25% to 5.5% following its two-day meeting. The committee in recent months has alternated between hikes and pauses — it approved a quarter-point increase at its last meeting in July but did...

UK: Buying A Distressed Business With A Defined Benefit Pension Scheme

Alexandra Wood, Devi Shah and Andrew Block discuss the additional complexities which a PE firm will face when acquiring a distressed business with a defined benefit occupational pension scheme, in light of the protections afforded by both the UK legislative framework and the role and support of the Pensions Regulator. Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown...

Ghana. NPRA to prosecute employers who default in paying pensions

The National Pensions Regulatory Authority (NPRA) will continue to track all defaulting employers and put them before the law courts to retrieve the pension monies due employees. Mr. David Tetteh-Amey Abbey, the Deputy Chief Executive Officer (CEO), NPRA, said the Authority would do this to demonstrate its commitment to the financial well-being of employees and their families. “This is what makes the Authority great. It is imperative that we emphasise the significance of regular contributions to pension schemes,” he said. Mr. Abbey...

UK: Pensions Regulator Updates DC Schemes Guidance On Illiquid Assets Disclosure

The guidance has been updated to help DC pension schemes comply with new regulations designed to ensure they consider all the investment opportunities available to achieve best value for savers. On the first occasion when the SIP is updated after October 1, 2023, trustees will have to state their policy on investing in illiquid assets in the default SIP. They will also be required to disclose the asset class breakdown for each of their scheme's default arrangements in the Chair's...

UK. TPR to ‘work more closely’ with pension administrators

The Pensions Regulator (TPR) has said it is planning to "work more closely" with third-party administrators (TPAs) and has updated on recent progress in a blog published today (13 September). The blog, written by TPR interim head of relationship supervision Cliodhna Judge, outlined how a recent pilot project on an ‘administrator relationships' function has led to better engagement with TPAs. The project, which has been running since early 2022, involved working with a voluntary administrator to "explore potential risk areas", and...

Review of climate-related disclosures by occupational pension schemes

By The Pensions Regulator From 1 October 2021, new regulations came into effect for trustees of certain schemes aimed at improving governance and reporting of climate-related risks and opportunities. Reports under these regulations started to be published from mid-2022. Here, we set out our preliminary observations and feedback to industry, based on our review of a selection of the tranche one climate-related disclosures published by occupational pension schemes Libro completo “aquí”