The UK’s Department for Communities and Local Government (DCLG)
could take over investment decision making for individual state-backed pension
funds under proposed new investment rules.
The option forms part of a ‘backstop’ to the government’s
requirement for the UK’s 89 local authority pension funds to pool their assets,
laid out in a consultation paper published today. It has targeted six pooled investment vehicles of roughly £25 billion to £30 billion ($38 billion to $45
billion) each.
“Authorities will be expected to take a prudential approach, demonstrating that they have given consideration to the suitability of different types of investment.”If a pension fund is deemed to have breached investment rules
or failed to participate in a pooled vehicle, the secretary of state for the
DCLG—currently Greg Clark—may intervene to force the pension into a
collaborative arrangement, or to demand a revised investment strategy.
Alternatively, the intervention could include “requiring that
the investment functions of the administering authority are exercised by the
secretary of state or his nominee”. The DCLG can also delegate investment
decisions to “another body”.
“The power [to intervene] has been left intentionally broad to
ensure that a tailored and measured course of action is applied, based on the
circumstances of each case,” the consultation stated. In some cases, it may
only be necessary to intervene in “certain parts of an investment strategy”.
The consultation also proposed “deregulation” of investment
rules for Local Government Pension Scheme (LGPS) funds, granting more autonomy
over decision making. It set out a plan to revoke current rules and replace
them with a requirement to invest according “prudent person” principles in a “wide
variety of investments.”
“Authorities will be expected to take a prudential approach,
demonstrating that they have given consideration to the suitability of
different types of investment, have ensured an appropriately diverse portfolio
of assets, and have ensured an appropriate approach to managing risk,” the
paper said.
The consultation was issued by Chancellor George Osborne alongside the UK’s Autumn Statement and Spending ReviewLGPS funds will be required to publish an “investment strategy
statement”, detailing their approach to risk, asset allocation, pooling
investments, exercising voting rights, and environmental, social, and
governance matters. This will replace current statements of investment
principles.
The relaxation of rules will allow LGPS funds to invest in
derivatives, hedge funds, and forward currency contracts. While these assets are
not explicitly outlawed currently, some funds had expressed uncertainty as to
whether they were permitted.
“The government expects that having considered the appropriateness
of an investment in their investment strategy statement, authorities would only
use derivatives as a means of managing risk,” the consultation paper said, “and
so has not explicitly stated that this should be the case.”
The new rules would also ease restrictions on the maximum
amount permitted to be invested in individual vehicles.
The Pensions and Lifetime Savings Association (PLSA)—the representative
body for pension funds in the UK—welcomed the move to a “prudent person”
approach. “The PLSA has long fought for LGPS investment rules to mirror those
of trust-based pension schemes in the private sector and we are pleased to see
the government has listened,” added Chief Executive Joanne Segars.
The DCLG has invited responses to the consultation, which will
remain open until February 19, 2016.
Related: Questions Raised Over UK Public Pension Reform; £3B in Passive Mandates Up for Grabs as Wales Joins Pooling Push; London United