DEFINED CONTRIBUTION: THE GOVERNANCE GAP TUC Member Trustee Network Annual Conference 2013 Craig Berry THE GOVERNANCE GAP: 3 MAIN PROBLEMS Auto-enrolment is a windfall for contract-based providers (but they are not all bad!) Many trust schemes exhibit poor governance Even good trusts operate in lax regulatory environment We don’t know how many people are in different types of trusts, or contract-based schemes with governance boards PRIVATE SECTOR MEMBERSHIP RATES % DB DC trust DC GPP DC stakeholder Unknown Total 1997 33.8 10.8 1.1 - - 45.7 2002 26.3 10.5 7.9 2.6 - 47.3 2007 15.4 8.9 8.3 5.2 2.7 40.4 2012 8.4 8.7 8.9 4.6 1.1 31.7 Decline of DB, but also trust-based DC Trust membership likely to increase Good news (NEST) and bad news (master trusts) GOVERNANCE SURVEY 46% of DC schemes not review SIP in last 3 years (although legal requirement). 8% never reviewed; 12% don’t have one; 12% don’t know Only 14% of DC boards meet quarterly. 1/3 biannually and 1/3 annually 61% have no training plan for trustees Only 28% have formal TKU policy 29% not used TPR code of practice/guidance Conflicts of interest: 46% have no policy, 41% no means of identifying, 52% no register of interests 29% have no risk register GOVERNANCE SURVEY Only 43% review charges annually 28% very infrequently or never; 13% don’t know 23% never review appropriateness of investment strategy Only 49% have extremely good or very good understanding of AMC TER – 31%. PTR – 16%. Total charges – 31% Only 22% very good understanding of 6 principles Remember this is all self-reporting. 97% believe they are very or fairly effective at governing scheme Across all of these measures, DB and larger DC schemes are superior THE PENSIONS REGULATOR CODE Contract-based schemes: Code not applicable to contract-based schemes No guidance on establishing governance committees within contract-based schemes Problems with trust-based scheme guidance: Should improve charges disclosure but not strong enough on specific risks of specific charges Not strong enough on annuitisation, etc. Not strong enough on member representation Focus on trustee conduct rather than trustee board composition – this is a major flaw re: master trusts Final code actually diluted rules on MTs, because TPR recognised limits of its own powers DWP WORK ON DC QUALITY STANDARDS Attempt to improve contract-based governance through provider-level governance bodies. Several flaws: Employers are responsible for choosing the scheme so members should contribute to instructions to providers Range of powers? Conflict with shareholders? Who sits on body – employers or employees? What if there is conflict between schemes represented on governance body? Need employer-level governance (small firms excluded) and provider-level scrutiny Also flawed in terms of default fund reviews, and again overlooks master trust board composition The scale question CONCLUSION: WHAT SHOULD MNTS DO? Within schemes: Member engagement, including full disclosure Consider benefits of scale Frequent reviews i.e. charges, investment strategy Frequent meetings! Training – arm yourself Clearly defined powers and accountability Blow the whistle! Policy lessons: Licensing – for both schemes and trustees Employer-level governance; provider-level scrutiny Rules on MNTs and independence more generally