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Thames Valley Pensions
              Conference
                 2012

Are we (anywhere near) there yet?
                 Seacourt Tower, Oxford
                   5 December 2012

Adrian Lamb
Blake Lapthorn
Thames Valley Pensions Conference 2012


 Health & safety and
 housekeeping!
 Feedback forms
 Ask questions
 throughout
 Participate
 Challenge
 Enjoy
Thames Valley Pensions Conference 2012
Agenda and timetable
9.30 am    Introduction – look back in anger, look forward in hope
9.40 am    What really worries me is ……
9.45 am    So what are my liabilities exactly? – Mark Da Silva,
           Barnett Waddingham
10.20 am   Picking up the pieces - Richard Portlock and Nicola
           Walker, Blake Lapthorn
10.50 am   Communication not just information – Alex Thurley-
           Ratcliff, Shilling Communication
11.20 am   COFFEE BREAK
11.40 am   Where in the world – and what – Claire Glennon, Baring
           Asset Management
12.15 pm   Auto enrolment – the duties and the challenges – Shaun
           Thompson, Blake Lapthorn
12.35 pm   The Trustee’s perspective and the crystal maze
12.50 pm   Questions and open forum
1.00 pm    LUNCH!
Thames Valley Conference 2012
Previous questions
  Is there such a thing as a risk free investment?
  Can I ever know what our liabilities really are?
  Data, what data?
  Is there such a thing as an equity risk premium now … or is it
  just an equity risk?
  Can I get smarter with my/our investment strategy?
  What does it take to make DC adequate?
  What is adequate?
  Is auto enrolment just a precursor to more tax?
  Can it work?
  What do we need to do?
  Can I do anything about this (other than pray)?
Current questions
        Can DC deliver what employers and
        employees want?
        How real is the measure of my liabilities – or
        what measure is the most realistic – TP, PPF
        or buy out?
        Mistakes happen but what can I do about
        them?
        Where can I achieve the most in the time
        available?
        Can I make auto enrolment into a positive
        rather than just a headache?
        How can I improve understanding?
        What is the “big picture” here?
Pensions-underdog.co.uk



 For:
 Trustees
 Employers
 Employees
 Actuaries?
 Administrators?
 Auditors?
 Lawyers?
Thames Valley Pensions Conference 2012
- the economic backdrop


 “Fiscal cliff”
 “Flat is the new growth”
 “Zombie companies”
 “Extend and pretend”
 More for less (or at least no more)
 Eurozone crisis (chronic)
 Triple dip?
 QE – a necessary evil?
 BRIC & CIVETS v. PIIGS+ ?
Thames Valley Pensions Conference 2012
Thames Valley Pensions
   Conference 2012
HOPE SPRINGS ETERNAL PLC
Main site – Roy Rovers Close, Melchester
So what are my
liabilities exactly?
How worried do you need to be
about your current deficit figure?
Mark Da Silva                        5 December 2012
Introduction




13
The Current Environment

14
Low gilt yields

 Government bond yields are at historic lows

 A combination of economic factors:
     • Supply and demand
     • UK bonds perceived as a relative safe haven
     • Bank of England’s quantitative easing (QE)




15
Low gilt yields




                   Source: FTSE


16
Why have yields fallen?




17
Impact on actuarial valuations



 BUT




18
Scheme Funding – Double Pain?




19
PPF levies




                                                       Source: PPF


 • PPF levies (based on deficit) will be significant
20
Are Things as
     Bad as They Seem?
21
Do we need to reflect low yields?




22
Steep Yield Curve – Case Study




 Previous method: yield on an index with a shorter average term
 Revised method: reflects the full profile of the liabilities
 •Change results in a higher discount rate

 Single yield       85.7%
 Yield curve                100%

23
Long-Term Equity Model




     • Alternative equity model
        • Return = Dividend yield + GDP growth
     • Current ERP implied by DDM is ca. 5-6% pa

24
Equities vs. Gilts




               Spread of returns   Data source: Barcap study


25
Other Growth Assets
 Similar approach possible for:
 •Property
 •Infrastructure

 Absolute return funds:
 •Consider benchmark return




26
RPI & CPI – The Formula Effect




                             Source: ONS
Consultation on changes to RPI
 • Various options to reduce RPI
     • Formula effect could be removed entirely
 • Market already partially pricing in anticipated
   change ?
 • Decision expected in January 2013
 • Effect on gilts
     • Some gilts have ‘materially detrimental’ price
       protection
     • Another ca. £240bn without protection

28
Update your mortality - CMI




29
WHAT DO I NEED TO DO?

30
Interim valuations


                    Extra
                   security


                              Ride out
          Revise
                                the
           SoC
                              storm?


31
Regulator’s Statement - Summary
 Not appropriate to second-guess gilt yields in the
 valuation results
     • Need to recognise your technical provisions in full


 Flexibility in the Recovery Plan
     •   Can reflect post-valuation events
     •   or future investment views
     •   Starting point: maintain contributions in real terms
     •   Reduced contributions or longer recovery plans require “sound
         justification”

 Scheme should be equitably treated among
 competing demands of employer
32
Other Possible Actions
     Uprisking
     • Can reflect in recovery plan

     Liability management
     • Add PIE option at retirement

     Break salary link?
     Amendments to future service
     Additional security
     • SPV / contingent assets
     • Improve funding and reduce PPF levy

33
Company levers




34
OPPORTUNITIES CREATED

35
Buy-In or Matching Opportunities

 Pricing attractive for schemes currently holding
 gilts
     • Especially shorter-term gilts


 Pensioner buy-in may have a small or no impact
 on the scheme funding position

 Reduce volatility of the funding position

36
Strategy changes

     Inflation Hedging
     • Lock into current low rates
     • Especially if selling fixed interest gilts to do so



     Uprisking?
     • Opportunity to ‘bank’ gilt rises
     • Forms part of a wider strategy review



37
Quick transaction case study
 Example Ltd is a mature DB Scheme with 80% pensioners. It is fully
 funded on a solvency basis with £40m assets.
 Investments: 75% gilts , 15% corporates, 10% equities
     BUT…
 Scheme provides discretionary increases
 •Funding for these leaves a £4m deficit

 Valuation in progress – issues faced:




38
Quick transaction case study
     Insure pensioners          • Guaranteed benefits only – costs £1m less than TPs
        with Met Life

      Split remaining           • Protection for other guaranteed benefits (pooled swap funds)
           assets               • Growth to back future discretionary benefit


       Growth assets
                                • Required return 2% p.a. above gilts if buy-in with Met Life
     split between cash         • No further contributions needed from employer
           and DGF

       Trustees and Employer compromised but achieved objectives:
 • Trustees - security for guaranteed benefits and continuation of discretionary increases
 • Employer - affordable funding commitments
 • Both - framework for managing scheme going forward


39
Regulatory Information
 The information in this presentation is based on our understanding of current
 taxation law, proposed legislation and HM Revenue & Customs practice,
 which may be subject to future variation.
 This presentation is not intended to provide and must not be construed as
 regulated investment advice. Returns are not guaranteed and the value of
 investments may go down as well as up.
 Barnett Waddingham LLP is a limited liability partnership registered in
 England and Wales.
 Registered Number OC307678.
 Registered Office: Cheapside House, 138 Cheapside, London, EC2V 6BW

 Barnett Waddingham LLP is authorised and regulated by the Financial
 Services Authority and is licensed by the Institute and Faculty of Actuaries
 for a range of investment business activities.


40
Thames Valley Pensions
     conference
   Picking up the pieces
       Nicola Walker, Associate
      nicola.walker@bllaw.co.uk
                  and
       Richard Portlock, Partner
    richard.portlock@bllaw.co.uk
Picking up the pieces
(when you wish you could travel back in time)
Common pitfalls

 Insufficient detailed knowledge of Deed and Rules
  – Over reliance on advisers
  – Understanding particular benefits issues - eg
    revaluation, application of increases to pensions in
    payment

 Lack of care when making specific changes
  – eg equalisation, changes in benefit structure
  – ask questions!
  – Check the amendments reflect what you are trying
    to achieve
Common pitfalls - continued

 Failing to act promptly
  – Do not rely on right to let drafting catch up with
    decision making/administrative practice
  – Restrictions on taking away benefits
Rescue missions
 Applications for directions
  – Duty of Trustees to understand scope of scheme liabilities
  – Support for Trustee decision making by the Courts
  – Involvement of representative beneficiaries

  Rectification
  – Available where a document fails to record what you
    intended it to record
  – Distinction between a mistake as to the content of a
    document and its effect
  – Filling the funding gap
Rescue missions – continued

  Principal employer

  Claims against advisers
   – Negligence
   – What would have you done,
     properly advised?
   – Quantifying loss - actuarial
     evidence
   – Contributory negligence?
Tips for sound sleep at night

Appoint advisers carefully

Rely on advice - but test assumptions and ask questions

Maintain a secure grasp of the detailed effect of changes

Remember help is available when things go wrong
Some of our happy endings…….

Directions Applications
– Foster Wheeler
Negligence proceedings
– Out of Court settlement
Rectification
– Successful amendment of
  incorrect documentation
Communication, not information
5 December 2012




                                                                          Alex Thurley‐Ratcliff


 Please note that the content, designs and specific ideas shown within this presentation are copyright to SHILLING COMMUNICATION LIMITED © 2012
An audience which is engaged and 
 appreciative of your reward and 
  benefits strategy is   ????
Why bother? 
Why bother communicating?
         •   Problem
         •   Compliance
         •   Tax
         •   Negative
         •   “They” not “us”
         •   Out of my control
         •   No leadership
Why bother communicating?
         •   Leadership
         •   Opportunity
         •   Supportive
         •   Positive
         •   Taking control
         •   Trustworthy
         •   Future…


        A cost o r a potential return?
Style
Measurable success
• Employer wants X to 
  happen…
  –   What outcomes?
  –   What targets?
  –   Measure and refine
  –   Ongoing process and 
      years to develop
PENSIONS CONTEXT
What do they
                                           THINK AND FEEL?
                                            what really counts
                                          major preoccupations
                                          worries and aspirations




 What do they                                                                     What do they
   HEAR?                                                                             SEE?
 what friends say                                                                  environment
  what boss says                                                                      friends
what influencers say                                                           what the market offers




                                          What do they
                                          SAY AND DO?
                                          attitude in public
                                             appearance
                                      behaviour towards others




                         PAIN                                             GAIN
                          fears                                      wants and needs
                       frustrations                                 measures of success
                        obstacles                                       obstacles
Segmented Communications
Getting attention
• Recognise that people 
  aren’t interested
   – Channels: optimised for 
     your audience
   – Packaging: first 
     impressions count
   – Relevant: make it 
     personal and meaningful
   – Tone: honesty


“Fits with me”
Build positive initial behaviours
• Goal setting
  – Realistic levels
• Small steps
  – Encouragement, 
    words of support
  – Rewarding 
    behaviour
  – Regular tracking
• Age‐appropriate 
  messages
Age appropriate messaging
Getting real decisions through 
             calls to action
• What is a real 
  decision?
• How do you 
  increase the 
  likelihood of 
  employees 
  making firm 
  decisions?
Opt Out                           Join


                                                          3 year anniversary? All at once?
                                                          Annual reminders?
                                                          Contributions phasing?
                                                                                                          Eligible Jobholders
                                                                                                                     Printed or 
                                                                                                                     Printed or 
Payroll data                                                                                                         Web info as 
                                                                                                                      Web info as 
• One or multiple                                                                                                    required
                                                                                                                      required
  payroll uploads
• Common format 
  required
• Stage test of data          • System carries out                                  Email
                                                                                    Email
  and then push live                  checks against                                SMS
                                                                                    SMS
• “Live” feed could be          eligibility data: age,        AE                    PDF
                                                                                    PDF
  discussed                    pay and joining date                                 PURL
                                                                                    PURL
                                                            Comms                   Web                    Not Eligible &
 • Could include cost of                                                            Web
   contributions at point                                  Platform                 dPrint
                                                                                    dPrint                 Entitled Workers
   of AE
                                                                                                           Opt in


                                                                                             Change in eligibility

   Management info
    • Can be pulled or pushed via email

                                                                                    1‐3 month postponement communications 
   Online updates / checks                                                          and end result communicated effectively
AE Comms Platform
AE Comms Platform
AE Comms Platform
AE Comms Platform


         Dear Mrs Jones

         You may have heard about Auto‐Enrolment or AE. This is the 
         Government’s plan to help more people save for their retirement. 
         Auto‐Enrolment means that employees who meet the criteria will be 
         automatically enrolled in the XYZ Pension Scheme, pay a small 
         contribution towards membership, but receive contributions from the 
         James  Smith
         company as well.
         Pension Manager
         XYZ Pension Scheme
         Tel: 01234 567890
         www.xyzpensions.co.uk
         E: james/smith@xyzpensions.co.uk
Please note that the content, designs and specific ideas shown within this 
presentation are copyright to SHILLING COMMUNICATION LIMITED © 2012
FOR PROFESSIONAL ADVISERS ONLY




                                  Where in the world - and what?
                                  Blake Lapthorn – Thames Valley Pensions Conference

                                  December 2012




Baring Asset
Management Limited                Claire Glennon
155 Bishopsgate,
London, EC2M 3XY

Tel +44 (0)20 7628 6000
Fax +44 (0)20 7638 7928

www.barings.com


Authorised and regulated by the                                                    CONFIDENTIAL
Financial Services Authority
Introduction


• Most pension funds require an allocation to growth assets

• Equity investment has been the traditional route

• Is there a better alternative?

• How do Diversified Growth Funds work?

• How can they replace equities in a growth portfolio?




                                                              75
How do Diversified Growth funds work?


Aim
• To deliver equity like returns with less risk than equities by targeting an absolute return
  over cash or inflation
Approach
• Not benchmark driven - every investment held is because it will contribute to the
  risk/return profile
• Multi-asset investing – potential to hold the broadest range of assets
• Manager has control over asset allocation – seeking returns in different markets




                                                An investment and governance solution


                                                                                                76
Why a cash or inflation + target?


                        Log scale                                                                                                               % change year on year
     10,000,000                                                                                                                                                                          140
                                                                                                                                                                                         120
       1,000,000
                                                                                                                                                                                         100
          100,000                                                                                                                                                                        80
           10,000                                                                                                                                                                        60
                                                                                                                                                                                         40
             1,000                                                                                                                                                                       20
                100                                                                                                                                                                      0
                                                                                                                                                                                         -20
                  10
                                                                                                                                                                                         -40
                    1                                                                                                                                                                    -60
                        1899

                               1904

                                      1909
                                             1914

                                                    1919
                                                           1924

                                                                  1929

                                                                         1934

                                                                                1939

                                                                                       1944

                                                                                              1949

                                                                                                     1954
                                                                                                            1959

                                                                                                                   1964

                                                                                                                          1969

                                                                                                                                 1974

                                                                                                                                        1979

                                                                                                                                               1984

                                                                                                                                                      1989

                                                                                                                                                             1994

                                                                                                                                                                    1999

                                                                                                                                                                           2004

                                                                                                                                                                                  2009
                               Gilt returns % (RHS)~                                                                      UK equity returns % (RHS)~
                               UK Equity Nominal TR Index (LHS)*                                                          UK Cash + 4% Index (LHS)*
                               UK Cost of Living + 5% Index (LHS)*

                                                                                              Libor +4% = equity return with less risk

Source: Barclays Equity Gilt Study 2012, 1899 – 2011
* Cumulative     ~ Annual                                                                                                                                                                  77
Some examples of Diversified Growth Funds



          Passive Asset             Active
            Allocation          Asset Allocation



          Active Stock             Passive
           Selection            Stock Selection


           Derivatives
           Strategies/
           Currencies
                                      ?

                               Common aim to deliver real returns,
                          reduce volatility and improve governance

                                                                78
Our approach
             The Baring Dynamic Asset Allocation Fund


• We target Cash +4% absolute returns within 70% of equity risk

• Focus on dynamic asset allocation- the most important generator of returns

• Dynamically participating in up-markets and dampening volatility in down markets

• Diversify in different ways at different times

• Simple building blocks - clear and transparent implementation




                                                                                     79
Why Dynamic Asset Allocation is Critical
                       Best and worst performing asset classes


2007                               2008                      2009                       2010                      2011
Emerging Equities           37.4 Overseas Bonds        58.1 Emerging Equities    59.4 Gold Bullion          33.4 Index Linked Gilts   23.3

Gold Bullion                29.6 Gold Bullion          42.8 Asia Ex Japan        53.3 Asia Ex Japan         24.0 UK Gilts             15.6

Asia Ex Japan               29.0 UK Gilts              12.8 UK Equities          30.1 Emerging Equities     22.9 Gold Bullion         11.9

European Equities           15.3 Cash                  4.7   European Equities   19.4 N American Equities   19.0 Property             8.1



Hedge Funds                 4.5    European Equities   -24.4 Cash                0.5    UK Gilts            7.2   Asia ex Japan       -13.0

Corporate Bonds             1.8    UK Equities         -29.9 UK Gilts            -1.2   European Equities   5.3   Japanese Equities   -13.1

Property                    -5.5   Asia Ex Japan       -31.3 Japanese Equities   -5.9   Hedge Funds         5.2   European Equities   -15.2

Japanese Equities           -6.5   Emerging Equities   -35.2 Overseas Bonds      -9.7   Cash                0.4   Emerging Equities   -17.6




                                                                The right asset class at the right time is key


Source: Barings as at 31.12.11                                                                                                           80
Changes in asset allocation since inception
Baring Dynamic Asset Allocation Fund

             (%)
     100                                                                                                                                                                                                                                                                                                                  Cash/Near Cash

                                                                                                                                                                                                                                                                                                                          Alternatives
       80
                                                                                                                                                                                                                                                                                                                          Property

                                                                                                                                                                                                                                                                                                                          Themed Fixed Fund*
       60
                                                                                                                                                                                                                                                                                                                          Corporate/Convertible Bonds

       40                                                                                                                                                                                                                                                                                                                 Overseas Govt Bonds

                                                                                                                                                                                                                                                                                                                          UK Gilts
       20
                                                                                                                                                                                                                                                                                                                          Overseas Equity

         0                                                                                                                                                                                                                                                                                                                UK Equity




                                                                                                                                                                                                                                                                                                              31-Oct-12
              31-Jan-07


                                      30-Jun-07




                                                                                      30-Jun-08




                                                                                                                                      30-Jun-09




                                                                                                                                                                                      30-Jun-10




                                                                                                                                                                                                                                      30-Jun-11




                                                                                                                                                                                                                                                                                      30-Jun-12
                          21-Mar-07




                                                                          31-Mar-08




                                                                                                                          31-Mar-09




                                                                                                                                                                          31-Mar-10




                                                                                                                                                                                                                          31-Mar-11




                                                                                                                                                                                                                                                                          31-Mar-12
                                                  28-Sep-07
                                                              31-Dec-07



                                                                                                  30-Sep-08
                                                                                                              31-Dec-08



                                                                                                                                                  30-Sep-09
                                                                                                                                                              31-Dec-09



                                                                                                                                                                                                  30-Sep-10
                                                                                                                                                                                                              31-Dec-10



                                                                                                                                                                                                                                                  30-Sep-11
                                                                                                                                                                                                                                                              31-Dec-11



                                                                                                                                                                                                                                                                                                  30-Sep-12
 Source: Barings, as at 31.10.12, Gross Exposure
 Inception date: 16.01.07
 *Themed Fixed Fund composition: Aug ’07-Feb ’08: 0-3yr Ster bonds. Mar ’09-June ’10: Overseas ILGovt; Aug 10-to date: EMD                                                                                                                                                                                                                  81
Dynamic Asset Allocation Fund Performance

Quarterly Returns Since Inception

   30 Return %

   20
                                                                                           12.5
   10                                                                                6.4                                                                                                                       6.6
                                                                                                                    5.7 3.8                                                          3.3
             3.1 3.0 1.3 -2.3 -1.3 -2.6     -2.4                                                       2.9 3.7 -3.1                                              -1.9
                                                                                                                                                                                              -0.9 1.8
         1.1                            0.7                                                                                                     0.2 1.2                    2.0
    0
                        -0.4                        -1.5
           3.0 4.5 -1.8                                                               10.9 22.4 5.5 6.4                         13.6 7.4 1.0 1.9                             8.4       6.1 -2.6 4.7 2.5
  -10
                                                                             -9.1
                                            -9.9            -12.2 -10.2                                                 -11.8                                     -13.5
  -20




                                                                                                                                                                                                                SI (ann.)
           Q1 07

                   Q2 07

                            Q3 07

                                    Q4 07

                                            Q1 08

                                                    Q2 08

                                                             Q3 08

                                                                     Q4 08

                                                                             Q1 09

                                                                                       Q2 09

                                                                                               Q3 09

                                                                                                        Q4 09

                                                                                                                Q1 10

                                                                                                                        Q2 10

                                                                                                                                Q3 10

                                                                                                                                        Q4 10

                                                                                                                                                 Q1 11

                                                                                                                                                         Q2 11

                                                                                                                                                                   Q3 11

                                                                                                                                                                             Q4 11

                                                                                                                                                                                      Q1 12

                                                                                                                                                                                               Q2 12

                                                                                                                                                                                                       Q3 12
           Fund            FTSE All Share




Past performance is no indication of current or future performance. The performance data does not take
account of the commissions and costs incurred on the issue and redemption of units.

 Source: Barings & Morningstar, as at 30.09.12. SI (ann) as at 30.09.12. DAAF performance figures are shown for I Class shares in Sterling on a
 NAV per share basis, with net income reinvested. Reference to the index is for comparative purposes only.
                                                                                                                                                                                                           82
Current Portfolio & Themes (as at 31st October 2012)

  Concern                                         Implication

  US monetary policy more radical, but
                                                  US the major uncertainty for 1H 2013
  fiscal policy tightening


  Global growth still slow                        Earnings expectations still vulnerable


  Slower growth in China recognised by the
                                                  Similarly recognised by Chinese markets
  administration


  ECB has toolbox to avoid financial              Governments less threatened by markets,
  market-induced failure of the Euro              rather their electorates


  Corporate sector hoarding cash; nervous         Supporting of credit with still little scope
  about investment                                for higher government bond yields



Source: Barings
The application of DGFs by pension schemes

DB Schemes
100%            Substituting all growth assets
25% - 50%       A core holding which dynamically changes the growth asset mix of the
                scheme, while maintaining strategic allocations to other growth asset classes
5% - 10%        Strategic allocation to an alternative risk/return profile




DC Schemes
  An “accumulation phase” equity replacement strategy
  Often used as a part of scheme default for early and middle stages of a “lifestyle” approach




                                                                                                 84
Conclusion


• An alternative growth asset offering less volatility than equities

• Targeting a real rate of return

• Aiming to access equity markets at the right time

• With the ability to diversify away from risk assets to control volatility




                                      An approach generating increased appetite from
                                           public and private sector Pension Schemes


                                                                                  85
Important
                      Information

For Professional Investors/Advisers only. It should not be distributed to or relied on by Retail Investors.
This document is approved and issued by Baring Asset Management Limited, authorised and regulated by the Financial Services Authority and in jurisdictions other than
the UK it is provided by the appropriate Baring Asset Management company/affiliate whose name(s) and contact details are specified herein. The information in this
document does not constitute investment, tax, legal or other advice or recommendation. It is not an invitation to subscribe and is for information only.
Investment involves risk. The value of any investments and any income generated may go down as well as up and is not guaranteed. Past performance is
not a guide to future performance. Where yields have been quoted they are not guaranteed. Changes in rates of exchange may have an adverse effect on the value,
price or income of an investment. There are additional risks associated with investments (made directly or through investment vehicles which invest) in emerging or
developing markets. Investments in higher yielding bonds issued by borrowers with lower credit ratings may result in a greater risk of default and have a negative impact
on income and capital value. Income payments may constitute a return of capital in whole or in part. Income may be achieved by foregoing future capital growth. We
reasonably believe that the information contained herein from 3rd party sources, as quoted, is accurate as at the date of publication.
The information and any opinions expressed herein may change at any time. Companies and employees of the Baring Asset Management group may hold positions in
the investment(s) concerned. This document may include internal portfolio construction guidelines. As guidelines the fund is not required to and may not always be
within these limits. These guidelines are subject to change without prior notice and are provided for information purposes only.
This document may include forward looking statements which are based on our current opinions, expectations and projections. We undertake no obligation to update or
revise any forward looking statements. Actual results could differ materially from those anticipated in the forward looking statements.

This document must not be used, or relied on, for purposes of any investment decisions. Before investing in any product, we recommend that appropriate financial
advice should be sought and all relevant documents relating to the product, such as Reports and Accounts and Prospectus should be read. Compensation
arrangements under the Financial Services and Markets Act 2000 of the United Kingdom will not be available in respect to any Offshore Fund.
Research Material
Baring Asset Management only produces research for its own internal use. Where details of research are provided in this document it is provided as an example of
research undertaken by Baring Asset Management and must not be used, or relied upon, for the purposes of any investment decisions. The information and opinions
expressed herein may change at anytime.

Version 08/SD




    Compliance (London): 06 August 2012
Compliance (London): 06 August 2012                                                                                                                                   86
Auto enrolment – the duties and the
           challenges
          More than just pensions!

         Shaun Thompson, Solicitor
              Pensions team

         shaun.thompson@bllaw.co.uk
Auto enrolment in a nutshell

 Applies to all UK companies!
 Workforce is split into eligible, non eligible and
 entitled workers.
 Different obligations in relation to each category of
 worker.
 Some obligations in force now, some will come into
 force in coming months and years.
 Re-enrolment obligations.
Why auto enrolment?


 Cost pressures and lifestyle choices – we are living
 longer and not saving enough for retirement!

 The auto enrolment reforms intend to address this
 issue.
How prepared are you?

  Studies suggest many UK employers are not yet fully
  prepared.
  This will affect your business – ensure you’re ready!
Staging date

 What is it?
 When is it?
 Do you know when your company’s staging date is?
 How do you comply with it?
 Payroll issues.
 Plan and prepare, don’t underestimate challenges!
Identifying your workforce

 What is a worker?

 Know which of your employees are eligible, non
 eligible and entitled workers.

 Keep this under review – employees can switch
 between categories!
Which pension arrangement(s) to use?

  Use an existing pension scheme?
  Set up a new pension scheme - occupational or
  personal/trust based or contract based?
  Master trust?
  Use NEST?
  Use a single arrangement or a mix of the above?
  Self certification.
  Salary sacrifice.
  Use postponement/transitional period?
Using contractual enrolment

   Simpler but more expensive?

   Watch out for potential issue as to deduction of
   contributions.

   Differences in communication requirements?

   Remember re-enrolment obligations for
   employees who opt out!
Notices and record keeping requirements

 Prescribed requirements which employers must
 meet.

 Remember deadlines and time limits!
High earners

Potential for HMRC protection to be lost.

Potentially expensive consequences for employees with
this protection!

Duty of good faith - employer communication strategy?
Investment funds and charges – risks to
employers?
  No “safe harbour” protection in auto enrolment
  legislation.

  Suitable default fund, investment options.

  Pot follows member concerns.

  Employer’s duty of good faith.
Penalties for non-compliance

 Pensions Regulator can intervene and require certain
 steps to be taken and/or impose financial levies for
 non-compliance.

 Fines can be of up to £10,000 a day.

 Criminal offences.

 Should help companies focus on their duties and
 obligations!
Conclusion

 Auto enrolment is not going to go away!

 Ensure your company will be able to meet obligations
 by its staging date.

 Ongoing obligations and compliance.

 Challenges and opportunities!

 Success? Here to stay? Get out the crystal ball!
Questions?
The Trustee’s perspective
and the Crystal Maze
- Adrian Lamb, Blake Lapthorn
Thames Valley Pensions Conference 2012
Just when you thought things couldn’t get
any worse!


UK Fund deficits up by £20bn (or more)?
Volatile asset values – where to get some value?
Auto enrolment – more work but for what benefit?
What chance have employees got to understand all that is going
on – new arrangements; DB to DC; investment choices; AMCs,
AMDs, etc.
Continued pressure on covenants
Life expectancy???
Retirement – what retirement?
Outlook for gilt yields????
Thames Valley Pensions Conference 2012
D    =
Deficits – but how much really?
Deferred payments?
Deal with the mistakes
Defensive
De-risk (or re-risk)?
Dynamic Asset Allocation (or Diversified Growth)
Defined Contribution = disappointment and delayed
retirement
Difficult messages and decisions
Delegate more or better (or both)
Thames Valley Pensions Conference 2012
- a Trustee’s perspective – a look back at the last
12 months



   More - or at least the same - for less, eg audit fees
   What next - valuations, administration, governance budgets?
   Towards fiduciary management (or proxy) = fewer lunches!
   Buy ins/outs in vogue and then?
   Gilts v. Corp bonds
   2nd/3rd valuation = better understanding but greater pressures?
   Data and benefit audits
   TPR expectations
   Less time – more focus
Thames Valley Pensions Conference 2012
Reasons to be cheerful?
Things to take away from today
    This is all for the members – right contributions, right investments, right
    benefits
    Liabilities - follow the rules but check your data
    Manage your risks – they come in all shapes and sizes – liability,
    assets and operational
    Good governance
     – What are you trying to achieve?
     – Plan on how to get there
     – Measure what you do as well as what others do for you
     – Adjust if and when you need to
     – Be decisive
    Most DB schemes headed for either buy out or PPF – but is there an
    alternative?
    Master trusts/aggregated schemes?
    Other efficiencies – how hard has the pensions industry tried?

Thames Valley Pensions Conference 2012
Things to take away from today
IMPROVING DC OUTCOMES

   Good choice of funds, including default fund
   Salary sacrifice
   Annual management charges
   Save more tomorrow?
   Governance matters just as much here
    – Committee with training – replicate trustee role?
    – Review processes
    – Agreed objectives
   Master trusts/aggregation

It’s in everybody’s interests that it is made to work


Thames Valley Pensions Conference 2012
Question time

Thames Valley Pensions Conference 2012
Thames Valley Pensions Conference 2012 Insights

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Thames Valley Pensions Conference 2012 Insights

  • 1. Thames Valley Pensions Conference 2012 Are we (anywhere near) there yet? Seacourt Tower, Oxford 5 December 2012 Adrian Lamb Blake Lapthorn
  • 2. Thames Valley Pensions Conference 2012 Health & safety and housekeeping! Feedback forms Ask questions throughout Participate Challenge Enjoy
  • 3. Thames Valley Pensions Conference 2012 Agenda and timetable 9.30 am Introduction – look back in anger, look forward in hope 9.40 am What really worries me is …… 9.45 am So what are my liabilities exactly? – Mark Da Silva, Barnett Waddingham 10.20 am Picking up the pieces - Richard Portlock and Nicola Walker, Blake Lapthorn 10.50 am Communication not just information – Alex Thurley- Ratcliff, Shilling Communication 11.20 am COFFEE BREAK 11.40 am Where in the world – and what – Claire Glennon, Baring Asset Management 12.15 pm Auto enrolment – the duties and the challenges – Shaun Thompson, Blake Lapthorn 12.35 pm The Trustee’s perspective and the crystal maze 12.50 pm Questions and open forum 1.00 pm LUNCH!
  • 5. Previous questions Is there such a thing as a risk free investment? Can I ever know what our liabilities really are? Data, what data? Is there such a thing as an equity risk premium now … or is it just an equity risk? Can I get smarter with my/our investment strategy? What does it take to make DC adequate? What is adequate? Is auto enrolment just a precursor to more tax? Can it work? What do we need to do? Can I do anything about this (other than pray)?
  • 6. Current questions Can DC deliver what employers and employees want? How real is the measure of my liabilities – or what measure is the most realistic – TP, PPF or buy out? Mistakes happen but what can I do about them? Where can I achieve the most in the time available? Can I make auto enrolment into a positive rather than just a headache? How can I improve understanding? What is the “big picture” here?
  • 7. Pensions-underdog.co.uk For: Trustees Employers Employees Actuaries? Administrators? Auditors? Lawyers?
  • 8. Thames Valley Pensions Conference 2012 - the economic backdrop “Fiscal cliff” “Flat is the new growth” “Zombie companies” “Extend and pretend” More for less (or at least no more) Eurozone crisis (chronic) Triple dip? QE – a necessary evil? BRIC & CIVETS v. PIIGS+ ?
  • 9. Thames Valley Pensions Conference 2012
  • 10. Thames Valley Pensions Conference 2012
  • 11. HOPE SPRINGS ETERNAL PLC Main site – Roy Rovers Close, Melchester
  • 12. So what are my liabilities exactly? How worried do you need to be about your current deficit figure? Mark Da Silva 5 December 2012
  • 15. Low gilt yields Government bond yields are at historic lows A combination of economic factors: • Supply and demand • UK bonds perceived as a relative safe haven • Bank of England’s quantitative easing (QE) 15
  • 16. Low gilt yields Source: FTSE 16
  • 17. Why have yields fallen? 17
  • 18. Impact on actuarial valuations BUT 18
  • 19. Scheme Funding – Double Pain? 19
  • 20. PPF levies Source: PPF • PPF levies (based on deficit) will be significant 20
  • 21. Are Things as Bad as They Seem? 21
  • 22. Do we need to reflect low yields? 22
  • 23. Steep Yield Curve – Case Study Previous method: yield on an index with a shorter average term Revised method: reflects the full profile of the liabilities •Change results in a higher discount rate Single yield 85.7% Yield curve 100% 23
  • 24. Long-Term Equity Model • Alternative equity model • Return = Dividend yield + GDP growth • Current ERP implied by DDM is ca. 5-6% pa 24
  • 25. Equities vs. Gilts Spread of returns Data source: Barcap study 25
  • 26. Other Growth Assets Similar approach possible for: •Property •Infrastructure Absolute return funds: •Consider benchmark return 26
  • 27. RPI & CPI – The Formula Effect Source: ONS
  • 28. Consultation on changes to RPI • Various options to reduce RPI • Formula effect could be removed entirely • Market already partially pricing in anticipated change ? • Decision expected in January 2013 • Effect on gilts • Some gilts have ‘materially detrimental’ price protection • Another ca. £240bn without protection 28
  • 30. WHAT DO I NEED TO DO? 30
  • 31. Interim valuations Extra security Ride out Revise the SoC storm? 31
  • 32. Regulator’s Statement - Summary Not appropriate to second-guess gilt yields in the valuation results • Need to recognise your technical provisions in full Flexibility in the Recovery Plan • Can reflect post-valuation events • or future investment views • Starting point: maintain contributions in real terms • Reduced contributions or longer recovery plans require “sound justification” Scheme should be equitably treated among competing demands of employer 32
  • 33. Other Possible Actions Uprisking • Can reflect in recovery plan Liability management • Add PIE option at retirement Break salary link? Amendments to future service Additional security • SPV / contingent assets • Improve funding and reduce PPF levy 33
  • 36. Buy-In or Matching Opportunities Pricing attractive for schemes currently holding gilts • Especially shorter-term gilts Pensioner buy-in may have a small or no impact on the scheme funding position Reduce volatility of the funding position 36
  • 37. Strategy changes Inflation Hedging • Lock into current low rates • Especially if selling fixed interest gilts to do so Uprisking? • Opportunity to ‘bank’ gilt rises • Forms part of a wider strategy review 37
  • 38. Quick transaction case study Example Ltd is a mature DB Scheme with 80% pensioners. It is fully funded on a solvency basis with £40m assets. Investments: 75% gilts , 15% corporates, 10% equities BUT… Scheme provides discretionary increases •Funding for these leaves a £4m deficit Valuation in progress – issues faced: 38
  • 39. Quick transaction case study Insure pensioners • Guaranteed benefits only – costs £1m less than TPs with Met Life Split remaining • Protection for other guaranteed benefits (pooled swap funds) assets • Growth to back future discretionary benefit Growth assets • Required return 2% p.a. above gilts if buy-in with Met Life split between cash • No further contributions needed from employer and DGF Trustees and Employer compromised but achieved objectives: • Trustees - security for guaranteed benefits and continuation of discretionary increases • Employer - affordable funding commitments • Both - framework for managing scheme going forward 39
  • 40. Regulatory Information The information in this presentation is based on our understanding of current taxation law, proposed legislation and HM Revenue & Customs practice, which may be subject to future variation. This presentation is not intended to provide and must not be construed as regulated investment advice. Returns are not guaranteed and the value of investments may go down as well as up. Barnett Waddingham LLP is a limited liability partnership registered in England and Wales. Registered Number OC307678. Registered Office: Cheapside House, 138 Cheapside, London, EC2V 6BW Barnett Waddingham LLP is authorised and regulated by the Financial Services Authority and is licensed by the Institute and Faculty of Actuaries for a range of investment business activities. 40
  • 41. Thames Valley Pensions conference Picking up the pieces Nicola Walker, Associate nicola.walker@bllaw.co.uk and Richard Portlock, Partner richard.portlock@bllaw.co.uk
  • 42. Picking up the pieces (when you wish you could travel back in time)
  • 43. Common pitfalls Insufficient detailed knowledge of Deed and Rules – Over reliance on advisers – Understanding particular benefits issues - eg revaluation, application of increases to pensions in payment Lack of care when making specific changes – eg equalisation, changes in benefit structure – ask questions! – Check the amendments reflect what you are trying to achieve
  • 44. Common pitfalls - continued Failing to act promptly – Do not rely on right to let drafting catch up with decision making/administrative practice – Restrictions on taking away benefits
  • 45. Rescue missions Applications for directions – Duty of Trustees to understand scope of scheme liabilities – Support for Trustee decision making by the Courts – Involvement of representative beneficiaries Rectification – Available where a document fails to record what you intended it to record – Distinction between a mistake as to the content of a document and its effect – Filling the funding gap
  • 46. Rescue missions – continued Principal employer Claims against advisers – Negligence – What would have you done, properly advised? – Quantifying loss - actuarial evidence – Contributory negligence?
  • 47. Tips for sound sleep at night Appoint advisers carefully Rely on advice - but test assumptions and ask questions Maintain a secure grasp of the detailed effect of changes Remember help is available when things go wrong
  • 48. Some of our happy endings……. Directions Applications – Foster Wheeler Negligence proceedings – Out of Court settlement Rectification – Successful amendment of incorrect documentation
  • 49. Communication, not information 5 December 2012 Alex Thurley‐Ratcliff Please note that the content, designs and specific ideas shown within this presentation are copyright to SHILLING COMMUNICATION LIMITED © 2012
  • 52. Why bother communicating? • Problem • Compliance • Tax • Negative • “They” not “us” • Out of my control • No leadership
  • 53. Why bother communicating? • Leadership • Opportunity • Supportive • Positive • Taking control • Trustworthy • Future… A cost o r a potential return?
  • 54. Style
  • 55. Measurable success • Employer wants X to  happen… – What outcomes? – What targets? – Measure and refine – Ongoing process and  years to develop
  • 57. What do they THINK AND FEEL? what really counts major preoccupations worries and aspirations What do they What do they HEAR? SEE? what friends say environment what boss says friends what influencers say what the market offers What do they SAY AND DO? attitude in public appearance behaviour towards others PAIN GAIN fears wants and needs frustrations measures of success obstacles obstacles
  • 59. Getting attention • Recognise that people  aren’t interested – Channels: optimised for  your audience – Packaging: first  impressions count – Relevant: make it  personal and meaningful – Tone: honesty “Fits with me”
  • 60. Build positive initial behaviours • Goal setting – Realistic levels • Small steps – Encouragement,  words of support – Rewarding  behaviour – Regular tracking • Age‐appropriate  messages
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  • 67. Getting real decisions through  calls to action • What is a real  decision? • How do you  increase the  likelihood of  employees  making firm  decisions?
  • 68. Opt Out Join 3 year anniversary? All at once? Annual reminders? Contributions phasing? Eligible Jobholders Printed or  Printed or  Payroll data Web info as  Web info as  • One or multiple  required required payroll uploads • Common format  required • Stage test of data  • System carries out  Email Email and then push live checks against  SMS SMS • “Live” feed could be  eligibility data: age,  AE  PDF PDF discussed pay and joining date PURL PURL Comms Web Not Eligible & • Could include cost of  Web contributions at point  Platform dPrint dPrint Entitled Workers of AE Opt in Change in eligibility Management info • Can be pulled or pushed via email 1‐3 month postponement communications  Online updates / checks and end result communicated effectively
  • 72. AE Comms Platform Dear Mrs Jones You may have heard about Auto‐Enrolment or AE. This is the  Government’s plan to help more people save for their retirement.  Auto‐Enrolment means that employees who meet the criteria will be  automatically enrolled in the XYZ Pension Scheme, pay a small  contribution towards membership, but receive contributions from the  James  Smith company as well. Pension Manager XYZ Pension Scheme Tel: 01234 567890 www.xyzpensions.co.uk E: james/smith@xyzpensions.co.uk
  • 74. FOR PROFESSIONAL ADVISERS ONLY Where in the world - and what? Blake Lapthorn – Thames Valley Pensions Conference December 2012 Baring Asset Management Limited Claire Glennon 155 Bishopsgate, London, EC2M 3XY Tel +44 (0)20 7628 6000 Fax +44 (0)20 7638 7928 www.barings.com Authorised and regulated by the CONFIDENTIAL Financial Services Authority
  • 75. Introduction • Most pension funds require an allocation to growth assets • Equity investment has been the traditional route • Is there a better alternative? • How do Diversified Growth Funds work? • How can they replace equities in a growth portfolio? 75
  • 76. How do Diversified Growth funds work? Aim • To deliver equity like returns with less risk than equities by targeting an absolute return over cash or inflation Approach • Not benchmark driven - every investment held is because it will contribute to the risk/return profile • Multi-asset investing – potential to hold the broadest range of assets • Manager has control over asset allocation – seeking returns in different markets An investment and governance solution 76
  • 77. Why a cash or inflation + target? Log scale % change year on year 10,000,000 140 120 1,000,000 100 100,000 80 10,000 60 40 1,000 20 100 0 -20 10 -40 1 -60 1899 1904 1909 1914 1919 1924 1929 1934 1939 1944 1949 1954 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 Gilt returns % (RHS)~ UK equity returns % (RHS)~ UK Equity Nominal TR Index (LHS)* UK Cash + 4% Index (LHS)* UK Cost of Living + 5% Index (LHS)* Libor +4% = equity return with less risk Source: Barclays Equity Gilt Study 2012, 1899 – 2011 * Cumulative ~ Annual 77
  • 78. Some examples of Diversified Growth Funds Passive Asset Active Allocation Asset Allocation Active Stock Passive Selection Stock Selection Derivatives Strategies/ Currencies ? Common aim to deliver real returns, reduce volatility and improve governance 78
  • 79. Our approach The Baring Dynamic Asset Allocation Fund • We target Cash +4% absolute returns within 70% of equity risk • Focus on dynamic asset allocation- the most important generator of returns • Dynamically participating in up-markets and dampening volatility in down markets • Diversify in different ways at different times • Simple building blocks - clear and transparent implementation 79
  • 80. Why Dynamic Asset Allocation is Critical Best and worst performing asset classes 2007 2008 2009 2010 2011 Emerging Equities 37.4 Overseas Bonds 58.1 Emerging Equities 59.4 Gold Bullion 33.4 Index Linked Gilts 23.3 Gold Bullion 29.6 Gold Bullion 42.8 Asia Ex Japan 53.3 Asia Ex Japan 24.0 UK Gilts 15.6 Asia Ex Japan 29.0 UK Gilts 12.8 UK Equities 30.1 Emerging Equities 22.9 Gold Bullion 11.9 European Equities 15.3 Cash 4.7 European Equities 19.4 N American Equities 19.0 Property 8.1 Hedge Funds 4.5 European Equities -24.4 Cash 0.5 UK Gilts 7.2 Asia ex Japan -13.0 Corporate Bonds 1.8 UK Equities -29.9 UK Gilts -1.2 European Equities 5.3 Japanese Equities -13.1 Property -5.5 Asia Ex Japan -31.3 Japanese Equities -5.9 Hedge Funds 5.2 European Equities -15.2 Japanese Equities -6.5 Emerging Equities -35.2 Overseas Bonds -9.7 Cash 0.4 Emerging Equities -17.6 The right asset class at the right time is key Source: Barings as at 31.12.11 80
  • 81. Changes in asset allocation since inception Baring Dynamic Asset Allocation Fund (%) 100 Cash/Near Cash Alternatives 80 Property Themed Fixed Fund* 60 Corporate/Convertible Bonds 40 Overseas Govt Bonds UK Gilts 20 Overseas Equity 0 UK Equity 31-Oct-12 31-Jan-07 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 30-Jun-11 30-Jun-12 21-Mar-07 31-Mar-08 31-Mar-09 31-Mar-10 31-Mar-11 31-Mar-12 28-Sep-07 31-Dec-07 30-Sep-08 31-Dec-08 30-Sep-09 31-Dec-09 30-Sep-10 31-Dec-10 30-Sep-11 31-Dec-11 30-Sep-12 Source: Barings, as at 31.10.12, Gross Exposure Inception date: 16.01.07 *Themed Fixed Fund composition: Aug ’07-Feb ’08: 0-3yr Ster bonds. Mar ’09-June ’10: Overseas ILGovt; Aug 10-to date: EMD 81
  • 82. Dynamic Asset Allocation Fund Performance Quarterly Returns Since Inception 30 Return % 20 12.5 10 6.4 6.6 5.7 3.8 3.3 3.1 3.0 1.3 -2.3 -1.3 -2.6 -2.4 2.9 3.7 -3.1 -1.9 -0.9 1.8 1.1 0.7 0.2 1.2 2.0 0 -0.4 -1.5 3.0 4.5 -1.8 10.9 22.4 5.5 6.4 13.6 7.4 1.0 1.9 8.4 6.1 -2.6 4.7 2.5 -10 -9.1 -9.9 -12.2 -10.2 -11.8 -13.5 -20 SI (ann.) Q1 07 Q2 07 Q3 07 Q4 07 Q1 08 Q2 08 Q3 08 Q4 08 Q1 09 Q2 09 Q3 09 Q4 09 Q1 10 Q2 10 Q3 10 Q4 10 Q1 11 Q2 11 Q3 11 Q4 11 Q1 12 Q2 12 Q3 12 Fund FTSE All Share Past performance is no indication of current or future performance. The performance data does not take account of the commissions and costs incurred on the issue and redemption of units. Source: Barings & Morningstar, as at 30.09.12. SI (ann) as at 30.09.12. DAAF performance figures are shown for I Class shares in Sterling on a NAV per share basis, with net income reinvested. Reference to the index is for comparative purposes only. 82
  • 83. Current Portfolio & Themes (as at 31st October 2012) Concern Implication US monetary policy more radical, but US the major uncertainty for 1H 2013 fiscal policy tightening Global growth still slow Earnings expectations still vulnerable Slower growth in China recognised by the Similarly recognised by Chinese markets administration ECB has toolbox to avoid financial Governments less threatened by markets, market-induced failure of the Euro rather their electorates Corporate sector hoarding cash; nervous Supporting of credit with still little scope about investment for higher government bond yields Source: Barings
  • 84. The application of DGFs by pension schemes DB Schemes 100% Substituting all growth assets 25% - 50% A core holding which dynamically changes the growth asset mix of the scheme, while maintaining strategic allocations to other growth asset classes 5% - 10% Strategic allocation to an alternative risk/return profile DC Schemes An “accumulation phase” equity replacement strategy Often used as a part of scheme default for early and middle stages of a “lifestyle” approach 84
  • 85. Conclusion • An alternative growth asset offering less volatility than equities • Targeting a real rate of return • Aiming to access equity markets at the right time • With the ability to diversify away from risk assets to control volatility An approach generating increased appetite from public and private sector Pension Schemes 85
  • 86. Important Information For Professional Investors/Advisers only. It should not be distributed to or relied on by Retail Investors. This document is approved and issued by Baring Asset Management Limited, authorised and regulated by the Financial Services Authority and in jurisdictions other than the UK it is provided by the appropriate Baring Asset Management company/affiliate whose name(s) and contact details are specified herein. The information in this document does not constitute investment, tax, legal or other advice or recommendation. It is not an invitation to subscribe and is for information only. Investment involves risk. The value of any investments and any income generated may go down as well as up and is not guaranteed. Past performance is not a guide to future performance. Where yields have been quoted they are not guaranteed. Changes in rates of exchange may have an adverse effect on the value, price or income of an investment. There are additional risks associated with investments (made directly or through investment vehicles which invest) in emerging or developing markets. Investments in higher yielding bonds issued by borrowers with lower credit ratings may result in a greater risk of default and have a negative impact on income and capital value. Income payments may constitute a return of capital in whole or in part. Income may be achieved by foregoing future capital growth. We reasonably believe that the information contained herein from 3rd party sources, as quoted, is accurate as at the date of publication. The information and any opinions expressed herein may change at any time. Companies and employees of the Baring Asset Management group may hold positions in the investment(s) concerned. This document may include internal portfolio construction guidelines. As guidelines the fund is not required to and may not always be within these limits. These guidelines are subject to change without prior notice and are provided for information purposes only. This document may include forward looking statements which are based on our current opinions, expectations and projections. We undertake no obligation to update or revise any forward looking statements. Actual results could differ materially from those anticipated in the forward looking statements. This document must not be used, or relied on, for purposes of any investment decisions. Before investing in any product, we recommend that appropriate financial advice should be sought and all relevant documents relating to the product, such as Reports and Accounts and Prospectus should be read. Compensation arrangements under the Financial Services and Markets Act 2000 of the United Kingdom will not be available in respect to any Offshore Fund. Research Material Baring Asset Management only produces research for its own internal use. Where details of research are provided in this document it is provided as an example of research undertaken by Baring Asset Management and must not be used, or relied upon, for the purposes of any investment decisions. The information and opinions expressed herein may change at anytime. Version 08/SD Compliance (London): 06 August 2012 Compliance (London): 06 August 2012 86
  • 87. Auto enrolment – the duties and the challenges More than just pensions! Shaun Thompson, Solicitor Pensions team shaun.thompson@bllaw.co.uk
  • 88. Auto enrolment in a nutshell Applies to all UK companies! Workforce is split into eligible, non eligible and entitled workers. Different obligations in relation to each category of worker. Some obligations in force now, some will come into force in coming months and years. Re-enrolment obligations.
  • 89. Why auto enrolment? Cost pressures and lifestyle choices – we are living longer and not saving enough for retirement! The auto enrolment reforms intend to address this issue.
  • 90. How prepared are you? Studies suggest many UK employers are not yet fully prepared. This will affect your business – ensure you’re ready!
  • 91. Staging date What is it? When is it? Do you know when your company’s staging date is? How do you comply with it? Payroll issues. Plan and prepare, don’t underestimate challenges!
  • 92. Identifying your workforce What is a worker? Know which of your employees are eligible, non eligible and entitled workers. Keep this under review – employees can switch between categories!
  • 93. Which pension arrangement(s) to use? Use an existing pension scheme? Set up a new pension scheme - occupational or personal/trust based or contract based? Master trust? Use NEST? Use a single arrangement or a mix of the above? Self certification. Salary sacrifice. Use postponement/transitional period?
  • 94. Using contractual enrolment Simpler but more expensive? Watch out for potential issue as to deduction of contributions. Differences in communication requirements? Remember re-enrolment obligations for employees who opt out!
  • 95. Notices and record keeping requirements Prescribed requirements which employers must meet. Remember deadlines and time limits!
  • 96. High earners Potential for HMRC protection to be lost. Potentially expensive consequences for employees with this protection! Duty of good faith - employer communication strategy?
  • 97. Investment funds and charges – risks to employers? No “safe harbour” protection in auto enrolment legislation. Suitable default fund, investment options. Pot follows member concerns. Employer’s duty of good faith.
  • 98. Penalties for non-compliance Pensions Regulator can intervene and require certain steps to be taken and/or impose financial levies for non-compliance. Fines can be of up to £10,000 a day. Criminal offences. Should help companies focus on their duties and obligations!
  • 99. Conclusion Auto enrolment is not going to go away! Ensure your company will be able to meet obligations by its staging date. Ongoing obligations and compliance. Challenges and opportunities! Success? Here to stay? Get out the crystal ball!
  • 101. The Trustee’s perspective and the Crystal Maze - Adrian Lamb, Blake Lapthorn
  • 102. Thames Valley Pensions Conference 2012 Just when you thought things couldn’t get any worse! UK Fund deficits up by £20bn (or more)? Volatile asset values – where to get some value? Auto enrolment – more work but for what benefit? What chance have employees got to understand all that is going on – new arrangements; DB to DC; investment choices; AMCs, AMDs, etc. Continued pressure on covenants Life expectancy??? Retirement – what retirement? Outlook for gilt yields????
  • 103. Thames Valley Pensions Conference 2012
  • 104. D = Deficits – but how much really? Deferred payments? Deal with the mistakes Defensive De-risk (or re-risk)? Dynamic Asset Allocation (or Diversified Growth) Defined Contribution = disappointment and delayed retirement Difficult messages and decisions Delegate more or better (or both)
  • 105.
  • 106. Thames Valley Pensions Conference 2012 - a Trustee’s perspective – a look back at the last 12 months More - or at least the same - for less, eg audit fees What next - valuations, administration, governance budgets? Towards fiduciary management (or proxy) = fewer lunches! Buy ins/outs in vogue and then? Gilts v. Corp bonds 2nd/3rd valuation = better understanding but greater pressures? Data and benefit audits TPR expectations Less time – more focus
  • 107. Thames Valley Pensions Conference 2012 Reasons to be cheerful?
  • 108. Things to take away from today This is all for the members – right contributions, right investments, right benefits Liabilities - follow the rules but check your data Manage your risks – they come in all shapes and sizes – liability, assets and operational Good governance – What are you trying to achieve? – Plan on how to get there – Measure what you do as well as what others do for you – Adjust if and when you need to – Be decisive Most DB schemes headed for either buy out or PPF – but is there an alternative? Master trusts/aggregated schemes? Other efficiencies – how hard has the pensions industry tried? Thames Valley Pensions Conference 2012
  • 109. Things to take away from today IMPROVING DC OUTCOMES Good choice of funds, including default fund Salary sacrifice Annual management charges Save more tomorrow? Governance matters just as much here – Committee with training – replicate trustee role? – Review processes – Agreed objectives Master trusts/aggregation It’s in everybody’s interests that it is made to work Thames Valley Pensions Conference 2012
  • 110. Question time Thames Valley Pensions Conference 2012