1. Conflicts of Interest Interactive sessions Autumn/Winter 2012/2013
Welcome and introductory remarks.
What we would like you to do is to enjoy this interactive session and join in the debate around the case studies. Discussing COI matters with your colleagues is certainly one way of helping to understand the various issues associated with COI and can also be a good risk management and conflicts avoidance mechanism.
Autumn/Winter 2012/2013

2. Why Conflicts of Interest Matter
Professionals occupy a privileged position of trust
This brings obligations to act impartially and in the public interest
Recognised in Principle 3 of the Actuaries’ Code
“Members will not allow bias, conflict of interest or the undue influence of others to override their professional judgement.”
Our discussions here today form part of a series of talks or sessions that we are rolling out across the UK, the Republic of Ireland and whatever status the Channel Islands have as a matter of international law!
So….why do conflicts matter?
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3. A Long History
Long history of previous uncompleted attempts to tackle the matter
Morris Report 2005
Successive Professional Oversight Board reports
Led to establishment of Working Party in July 2010
So how did we get to our new conflicts package? Well, good things always take time….
Successive POB reports flagging the issue, which then lead to two previous Working Party attempts to get a handle on the matter between 2005 and 2010 until the current WP was established.
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4. Timeline Discussion Paper, end 2010
Targeted consultation with users and other regulators
Consultation Paper, October 2011
Consultation closed, December 2011
Broad endorsement of all proposals, except for proposed firm rule barring Scheme Actuary from advising both employer and trustees on funding and factors
Feedback document and final provisions, 29 June 2012
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5. The New Package: a reminder
The package should be viewed as a whole
It builds on the conflict provisions in the Actuaries’ Code
It combines targeted additional regulation in the Life (APS L1) and Pensions (APS P1) areas
With guidance for all actuaries and a note for pension trustees
New guide for employers on conflicts
Underpinned by new CPD and professional skills training provision
New conflicts “toolkit” for firms to use
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6. Different Areas, Different Approaches
The considerations as regards conflicts can differ between one field of work and another
They can also vary between consulting and employed practice
However, there are common principles which the Working Party believes are applicable across all areas of actuarial practice
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7. The Actuaries’ Code
The Actuaries’ Code sets the overarching principles
A “light touch” review of the Code is now underway
A full consultation will take place in the new year
The conflict provisions are unlikely to change significantly
The common principles applying to all actuaries will be found in the Code which is then built upon by the accompanying guidance.
The Code sets out the overarching principles as regards COI and for other ethical behaviours that we expect from our members.
Provisions unlikely to change significantly and in discussions with the FRC about the extent of those changes.
The second element in the package are the hard regulatory provisions which are contained in APS P1 and APS L1.
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8. Additional Regulatory Provision: Life
Given that the existing conflicts of interest provisions in APS L1 were tightened with effect from October 2011, the WP did not believe further regulation in this area was justified.
The reason for not introducing further specific regulation was twofold: (1) because the Life area is subject to regulation by the FSA, and (2) because this sector has moved on considerably since the failure of Equitable Life.
Since then, the Life area has been subject to considerable regulatory change.
Further, the “Appointed Actuary” regime has been replaced by a more rigorous regulatory structure around the roles of the “With- Profits Actuary” and the “Actuarial Function Holder”.
Since that time, the sector has seen considerable regulatory change; not least the introduction of a regime, key elements of which include:
board-level responsibility for the valuation of the liabilities of life offices;
the Actuarial Function Holder's responsibility for valuation being confined to recommending the basis and carrying out the valuation in accordance with the basis that the board adopts;
valuations being subject to audit; and
the auditor being required to take advice from an independent Reviewing Actuary
4th bullet: There is also now specific provision for independent advice to the board (other than advice from the With-Profits Actuary) on the operation of with-profits business.
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9. Additional Regulatory Provision: Life
While conflicts of interest may still arise for actuaries involved in life insurance work, such conflicts may be likely to have their focus at a more general level.
These are issues of more general application and are, therefore, properly addressed by the Code without more specific guidance necessarily being helpful.
It will, however, be important to keep the treatment of conflicts in this field under review, not least in light of the changes envisaged under ‘Solvency II’
Accordingly, while conflicts of interest may still arise for actuaries involved in life insurance work, such conflicts may be likely to have their focus at a more general level, in the possible tension between actuarial judgement and commercial expediency
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10. APS P1 Conflicts Provisions
Definitions: new definitions relating to conflicts
Paragraph 5.1: actuaries must comply with Principle 3 of the Code, including the requirement to disqualify themselves in the event of an irreconcilable conflict of interest.
Paragraph 5.2: provides for the disclosure by the Scheme Actuary of the potential for conflicts arising from the fact that he/she or other persons in (or on behalf of) his/her firm are involved in advising the sponsoring employer.
Paragraph 5.3: “rebuttable presumption” that an irreconcilable conflict of interest arises if a Scheme Actuary provides advice to the employer and the trustees of that scheme, where the advice relates to the funding of the scheme or has a direct bearing on benefits payable under that scheme.
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11. APS P1 Conflicts
Paragraph 5.4: criteria on which very limited exceptions to the presumption (5.3) are to be assessed, e.g. in circumstances where the scheme rules require the Scheme Actuary to act for both the employer and the trustees.
Paragraph 5.5: Scheme Actuaries must (a) record the reasons for any decision to depart from the presumption, including reasons for concluding that there is no irreconcilable conflict and (b) be able to justify such a departure.
Paragraph 5.6: Scheme Actuaries must ensure that an appropriate written conflicts management plan is agreed
Paragraph : The Scheme Actuary must be reasonably satisfied that the trustees, in agreeing to the plan, are appropriately informed as to its implications.
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12. APS P1 Conflicts Provisions
Paragraph 6.4: extends the principles in 5.1, 5.2 and 5.6 to members who, although not acting on behalf of the Scheme Actuary’s firm, are directly responsible for the provision or review of client advice to the trustees.
Paragraphs 6.5 to 6.7: extend to certain other members, a provision similar to the ‘irreconcilable conflict’ presumption
Paragraph 6.8: extends the principles applicable to members advising Scheme Actuary schemes under sections 5 and 6, to those directly responsible for the provision or review of advice on other sorts of scheme (including public sector and overseas schemes).
Extension to members other than scheme actuaries working on scheme actuary schemes
Will catch APS P2 reviewers
Para 6.4: This is because such members would not be covered by the plan put in place by the Scheme Actuary under 5.6 or by the disclosure requirements in 5.1 and 5.2.
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13. Conflicts in Pensions Work
QUESTION: What do you see as actual and potential conflicts of interest in Pensions work?
Case Study A: The Scheme Actuary and a trustee/employer conflict
???
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14. CPD and Professional Skills
More guidance and CPD provision asked for by actuaries in all practice areas
This will be provided, e.g. through increased professional skills CPD events from July 2013
Intention is for those events to deal with difficult, practice area specific conflicts issues
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15. Guide for Actuaries
Guide for Actuaries welcomed in consultation responses
Non-mandatory in nature
Designed to stimulate thought, rather than setting out rules
It has been revised to include:
more material on identifying conflicts,
improved case studies to ensure more “balanced” approach following consultation feedback
more detail on the use (and limitations) of peer review
more detailed section on the use of the “Y model”
additional material on information barriers
Also a note for pension scheme trustees which is for actuaries to give to Trustees, to explain how actuaries approach handling of conflicts
Incidental purpose is to support Trustees in the exercise of their of their role. New hard copies of the guide (and note) to be available late Nov/Dec
Should also be aware of the IFoA’s confidential Professional Support Service which can offer guidance on conflicts or other ethical or even TAS-related queries. The PSS is jointly run by senior volunteer actuaries and members of the Executive.
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16. The Conflicts “Care” Package or Toolkit
The toolkit will include:
copies of the guide for actuaries
copies of the guide for pension scheme trustees
(in due course) copies of the guide for employers
Powerpoint presentations covering different practice areas and joint practice area sessions
worked up case studies with questions and discussion points
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17. Practical Impact
Members will need to be aware of the new regulatory changes
New professional skills courses to “deep dive” into thorny conflicts issues
New conflicts “toolkit” for firms to use to run in-house sessions or maybe with another firm(s)
Adequacy of policies around information barriers– update and consideration
Consideration of remuneration policies
Internal promotion of the Guide and the principles it espouses
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18. Final remarks on the package
The WP believes its package is targeted and proportionate
It will also put the Profession in a strong and coherent position in responding to continued external interest in this issue
We are now a world-leader in terms of guidance for actuaries on conflicts – but will welcome feedback so we can improve further!
We will be monitoring implementation
Monitoring will be particularly in relation to pensions.
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19. Case Studies And now for the fun bit….
You will have had the opportunity to read case study B, along with some accompanying questions
You will now have the chance to discuss your proposed answers to case study B
Each table will need to elect a chair who will speak on behalf of the group
We will randomly call out the number of each table following the end of the 20 minutes of discussion and the chair for each table (so to speak!) will have the opportunity to answer some questions
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20. Any further questions?
Do any of you have any further questions about anything in our conflicts package or about the Professional Skills CPD opportunities next year?
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21. Thank you
The Working Party thanks members and stakeholders for all their support and feedback over the past 3 years
Further comments to:
© 2010 The Actuarial Profession 