Showing posts with label SPV. Show all posts
Showing posts with label SPV. Show all posts

Tuesday, March 13, 2018

Statement by Cllr Rokhsana Fiaz on plans by the current Newham Mayor to set up a private development company & give it £3 billion of our assets

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My statement on plans by the current Newham Mayor to set up a private development company & then give it our assets, value = £3bn. They could be our libraries, community centres, leisure centres and the council's own office & stop me building homes for our residents

*Alert to Labour Party members in Newham* 

"Earlier this week (on Monday 5th March), I received an email notifying councillors of a new agenda item for inclusion at the Mayoral Proceedings and Cabinet meeting scheduled for Thursday 22nd March. 

The agenda Item was titled: ‘Agreement to Proposed Structure to Hold & Manage Newham’s Property Interests and drive affordable housing delivery’

See attached screen shots of the agenda item, which have now been withdrawn from the Council's website. 

I raised this concerning issue on Tuesday night in my role as a Chair of Scrutiny at a Overview & Scrutiny meeting. I'm extremely alarmed that the current Mayor plans to set up a private development company and then give it our assets, valued at some £3 billion. 

They could be our libraries, community centres, allotments, leisure centres and the council's own office. 

I want to know who would be appointed onto the board of this company and why the current Mayor is trying to do this just weeks before he may no longer be Mayor of Newham. 

There has been no consultation with Cllrs or residents, no democratic oversight and this is all during an ongoing QC's inquiry into how a private company Newham set up lost £52m on the Olympic stadium. 

If this went ahead it would stop a future Mayor of Newham using our own land to build council homes and other facilities for our residents".

(John Gray - The Mayor has repeated that if he is re-selected and then re-elected he will continue to create this private company development company. See my Councillor report on the first we knew about this http://www.johnslabourblog.org/2018/01/councillor-report-3117-could-we-become.html)

Tuesday, August 25, 2015

Speech to Cabinet on “Alternative Finance Proposal for Newham Pension scheme" (Special Purpose Vehicle)


Below is the full version of the speech I gave this afternoon at the crowded Cabinet meeting at Newham Dockside in support of last night's recommendations by our Overview & Scrutiny Committee.

The recommendation was that we should not spend up to £500k on a SPV for the pension fund without the approval of the Pension committee. This meeting was open to the public and I believe a journalist was present.

“Thank you Mayor. John Gray, Councillor in West Ham ward. I apologise that I have not had time to properly prepare this speech but I support the recommendations of the Overview & Scrutiny Committee for the following reasons.

The first reason for further review is "Risk". This proposal appears to be, on the inadequate information I have been allowed to see so far (despite being a Councillor and member of the Investment and Accounts Committee) to be an expensive and I am advised, dangerous, gamble with residents' and pensioners' money. To be clear there are no, I repeat no budget “savings” to be made from this proposal.

It will only be at best a (welcome) deferral of Council “contributions”, which if the pension fund does well may not be needed. But if the pension fund does not perform well, then it runs the risk of plunging it into an even greater deficit over the next 20 years than the £298 million current shortfall.

The second reason is “Process”. To be clear,I bought up this item in the Pension work plan at the Committee meeting in June and was reassured that this proposal was at a very early stage and nothing would be agreed without the agreement of our committee. There was no mention of a 20 page PowerPoint presentation dated April and no mention of spending up to £500k before the pension committee had agreed to this proposal.

Some background to the issues. Newham Council is obliged by law to allow its employed and (many of its) contracted out staff to join the national local government pension scheme (LGPS). To pay for the cost of pensions, Newham and other Councils have their own local pension funds which they, other employers and staff contribute towards. Thousands of former Newham staff are already dependent upon the scheme for their pension, the majority of whom were low paid.

This money is usually invested in British and worldwide government bonds, company stocks and shares, which are intended to grow in value over the long term and pay for the pensions. The value of the Newham fund is currently around £1 billion, but it has a significant "deficit" (i.e. it is estimated that it has promised to pay out more in pensions than it will get in contributions and from investment growth).

The current deficit is £298 million. The Pension fund has been in deficit for many decades. There have been a series of plans to pay off the deficit over up to 20 year periods which have not worked and the repayment period just keeps getting extended.

It should be noted that Newham has decided to adopt a more "optimistic" valuation of the deficit than many other Councils. Other Councils employ advisors who would value our deficit as being far worse.

There are a number of reasons for the deficit but the chief one is that the Council (as have many other Councils) has consistently failed to accurately predict what are the future costs of the scheme and have therefore failed to put enough money into their funds. This means that Newham is currently paying millions of pounds per year extra to make up for the past shortfall.

The other main reason is that unlike other funded public sector schemes such as the Universities and Railways, the LGPS is split up into 101 different funds which means expensive duplication of advisers and managers and that they are far too small to achieve economies of scale to cut costs and improve performance. Size and scale matters in pensions and the Newham scheme is arguably far too small and therefore inefficient.

Past deficits are the responsibility of Newham Council tax payers while the risk from the cost of future pensions is now the responsibility of staff. If the cost of providing future pensions goes up by more than 13% then Government legislation will mean that staff pensions will have to be reduced and/or their contributions raised.

It is now clear from QC legal advice that there is no “Crown Guarantee” to the LGPS. In the unlikely but not impossible situation in these uncertain times that a Council goes bust, who will pay the pensions of our pensioners?

It is imperative to residents and staff pensioners that the recovery plan to pay off the deficit is not to be put at risk. There must be sufficient funding for the scheme and the Council must not continue to underfund it and therefore making the deficit even worse. The Council needs to invest to save.

Finally, we must make sure that managers and adviser costs are reduced and returns enhanced. Newham pension fund is being ripped off by the financial services industry and this is where we should be making savings.

The proposal itself (based on the limited information available)

·Newham currently pays £35 million per year in employer contributions to the staff pension scheme.

· It pays this because it is advised by pension experts called “actuaries” that it needs to pay this amount of money to meet its future pension promises to staff and make up for its failure to pay enough money into the scheme in the past.

· The proposal argues that Newham does not have to pay so much into the staff pension scheme because the Actuary is being too cautious about investment returns and pensioners life expectancy (being “Prudential”). If he or she was more optimistic about this then it could pay less.

· These change in assumptions could mean that the Council will only have to pay £30 million per year instead of £35 million. Therefore “saving” £5 million per year and £15 million over 3 years. Note this is “revenue” and not “real savings”.

· To “safeguard” the Pension fund it will be given a Council owned asset, such as a property or group of properties (for example only the Morrison’s shopping centre in Stratford) as security against the “Prudential” assumptions being right after all. Rents from the asset would then be paid into the pension fund. It is unclear but in theory the building could also be sold by the pension fund to make up the difference.

· The presentation on the Newham website makes it clear that after 3 years the proposal will have to be revalued and if the assumptions made are wrong, then the Council will have to pay an extra £20 million in contributions to the scheme over the next 20 years to make up for this new shortfall. This is on top of the massive deficit/shortfall they are already funding.

· It is of concern that the Newham Council Executive continually stress that they make prudential decisions regarding Council borrowing over the Olympic stadium and Red Doors but don’t want to make prudential assumptions regarding pension investments.

· On the information so far it seems to at best that this is a clever (but expensive) speculative punt to reduce staff pension contributions over the next few years by gambling that the actuaries were just being overcautious and we didn’t need to put that amount of money aside in any case. However, at worse it will make the scheme far more expensive and the deficit even bigger. This needs further investigation by the pension committee.

I finished by asking that the Mayor agrees to let Newham Pension Committee, whose responsibility it will be is to approve the final proposal to agree that they are indeed minded to scope it out before any public money is spent on it - and possibly wasted if we don't agree to the proposal".

There was some further debate at Cabinet and I understand that the Mayor decided to not follow the recommendations of Overview & Scrutiny and that public money will be spent on the developing the SPV.

I am preparing a series of questions to be submitted to our treasury officers and our actuaries which I will post in next day or two once they are submitted.

Sunday, August 23, 2015

Newham Overview & Scrunity "Call in" on SPV - 6.30pm Monday 24 August 2015

Tomorrow evening at Committee Room 1, East Ham Town Hall, members of Newham Council Overview & Scrutiny will debate a request from a Cllr that up to £500,000 should not yet be spent on a proposed Special Purpose Vehicle (SPV) for its staff pension fund.

Cllr Farah Nazeer has asked that this proposal should, firstly, get agreement from the Newham Investments & Accounts (I&A) Committee. She quite rightly points out that in a time of public spending cuts the Council should not be committing to this proposal until the I&A have made an informed decision to support further investigation into what is an expensive and potentially risky measure.

As far as I can make out the idea is that Newham will let its pension fund have some sort of control over a council owned asset in exchange for reduced employer contributions to the fund.  I have posted my concerns on this proposal here and here

There has been some interesting coverage in the Pension press. Professional Pensions have covered the story and there was a measured article on the use of such "alternative funding" in the Local Government Pension Scheme (LGPS). However, it points out that they are complex, expensive  and there are "key issues" (see below)


What are the key issues for schemes?
1) Valuation of the underlying properties. Would the administering authority invest in the assets if they were not held under this structure? Funds should also ask for the unoccupied value in addition to the current occupier value. If the employer becomes insolvent, the property will be unoccupied so that value will be relevant.
2) Conflicts of interest. Is the local authority in its capacity as administering authority of the pension fund acting solely in the interests of the pension fund and its members?
3) Ensure the arrangement doesn’t breach any regulatory requirements.


The model being proposed for Newham also seems to be very different than that used in the private sector.

In the private sector if the assumptions behind the SPV fail and go "belly up" then the pension trustees can sell the assets to make up the loss of contributions. With the Newham model this does not appear to happen and instead the Council will start to pay rent and maybe increase its contributions? Which makes me wonder - with regard to 2. above and "conflicts of interests". What is in the interests of the Newham pension fund to allow this to happen? 

Why would the fund agree to a potential minimum of 3 years of under-funding at a time of large pension deficits, massive cuts in government support and no Crown promise if the sponsor (i.e. the Council) goes bust?

Mind you, I have not had access to all the reports since Chief Officers are refusing to let me see them. Despite being an elected Councillor and a member of the Investment & Accounts Committee.

The website for Council Finance Officers "Room 151" also points out here that:-  

"The Pensions Regulator warned in 2013 that the use of such complex structures “can lead to increases in risk where advisers to schemes have not anticipated all the implications of using this structure”.

It added: “It is vital that trustees understand the risks they are taking and consider carefully whether a more complex approach to supporting the scheme, which may involve additional risk taking by the scheme, is preferable to a straightforward one.”. 

Tomorrow's meeting should result in more information coming out about the proposal but so far it seems to me that it is nothing more than a speculative bet that the fund will perform better than our advisers think it will.

The fund is already in deficit because for various reasons it has historically under-estimated how much money it needs. There will have to be extremely good reasons and proper scrutiny for the fund to risk any further mistakes with our staff's pensions.

Thursday, July 30, 2015

"Bloody dangerous" Newham's proposed pension Special Purpose Vehicle

I posted last week here my concerns about a proposal to Newham Executive about setting up a so called "SPV" for the Councils pension fund.

This would cost at least £500,000 to set up and is in my view very risky and could result in a complete waste of public money.

I am very concerned that there has been no independent scrutiny beforehand of this plan by our own Investment and Accounts Committee.

Professional Pensions picked up on the expense and high risk issue and made a very sensible report here

I then received these comments below by email from - let me say "a leading financial figure" who said :-

"Proposing SPV to reduce pension contributions !!!!!!!!! 

Bloody dangerous. Have they learnt nothing from the City as to how not to do it? SPV-financing mechanisms were a significant part of what caused the financial crisis. 

They know not what they do: feels like they have been sold a pup by some City whizz. And where does this kind of financing arrangement (off balance sheet most likely) end ?"