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A growing row over the Alliance Boots pension fund is set to be scrutinised by MPs, The Times has learnt.
Terry Rooney, MP for Bradford North and chairman of the Commons Work and Pensions Select Committee, is understood to be concerned about the position of the fund, which has 66,710 members and a £305 million deficit.
The scheme has become a key sticking point in the £11 billion takeover of the health and beauty group by Kohlberg Kravis Roberts (KKR), the US private equity firm, and Stefano Pessina, the group’s executive deputy chairman.
Mr Rooney is planning to hold talks with fellow committee members next week when Parliament resumes.
The move comes as Alliance Boots shareholders are expected to approve the takeover this morning, despite no agreement having been reached with trustees of the fund over how much extra the consortium should pay into it.
Although Boots’ pension trustees do not have the power to block the sale, their opposition would be embarrassing at a time of increased scrutiny of private equity buyers of British businesses.
The sale of Boots is the largest such deal to date. At today’s extraordinary general meeting, the Alliance Boots board is expected to face awkward questions on the issue. John Watson, chairman of the pension fund trustees, is planning to attend in order to “make his views clear”.
The trustees of the Alliance Boots scheme had been wrangling for weeks with the private equity-backed bidders over their potential contribution to the company’s £3.5 billion pension fund.
While some progress is said to have been made, at one stage last month KKR was understood to be offering an immediate cash injection of just £50 million, while the trustees were seeking £400 million.
The trustees are understood to have passed on to KKR financial details of their assessment of the fund’s position. They are concerned about the highly leveraged nature of the takeover and the risk that the company could go bust.
According to figures released this month, the Boots scheme has a surplus of £20 million under the IAS 19 accounting standard. It would cost more than £4.5 billion to close down the scheme and buy pensions for its members.
The Pensions Regulator is involved in the talks to help to ascertain a suitable level of contribution to the fund.
£305m
amount that the Boots pension fund is in deficit
Source: Boots
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I cannot help but wonder at Mr Pessina's position in this matter. As the executive deputy chairman, he has a fiduciary duty to the company (and thus to its shareholders), which in the context of a bid for the company's shares must require him at the very least to seek the best price possible for those shares. Arguably, he may also be under a duty to resist any attempt to load the company with unwanted debt. I completely fail to understand how he can square that duty with his involvement with the KKR bid. Needless to say, KKR wish to pay the lowest possible price for the shares and to replace as much of the equity as possible with debt.
In a climate in which pension fund trustees are increasingly liable to be taken to task if they take decisions on matters in which they have a conflicting interest (in particular concerning funding issues, where they must deal robustly with the sponsoring employer), it strikes me as incredible that Mr Pessina can continue in his position.
Richard Leigh, Bristol, UK
when this government first came to power almost ten years ago. It sequestrated billions from the pension funds in a "One off windfall TAX'" to put right that legal theft and the interest that might have accrued would take even more billions now.
That money was not taken from the pension funds, it was taken from our "Protected" savings.
SO how can you expect governments to even CARE about workers pensions and companies robbing them.
John Evans, BANBURY,
No one has 'walked off with the money'. Putting aside the Boots pension fund as a special case (it has pursued a slightly different investment strategy to others), the pensions problem is at least threefold:
1) UK pension funds are heavily invested in equities - as are many investment trusts/endowments. Alas, markets tanking after the dotcom boom hit didn't do them any favours.
2) Accounting and valuation methods have changed dramatically over the last ten years - only recently have pension benefits been discounted at a market discount rate - hugely increasing the present value of benefits.
3) Mortality assumptions have continued to strengthen - you can blame actuaries for using weak assumptions previously or point to rapidly improving longevity - either way, this hits the calculation of pension liabilities hard.
John Smith, London,
could not agree more about the outrageous behavour of highly leveraged private equity companies. they should never be allowed to buy out british companies with leverage. It seems to me non-leveraged hedge funds are more prudent in their behaviou than these beneath comtempt greed merchants!!!
R Annelise E Grimsey , Oslo , Norway
Pensions have been at the bottom of the Government's agenda since it came into power. Presumably it thinks that by the time the victims retire and then realise what has happened, the MP's involved will be safely off the scene. It is a cynical approach to the retirement years of hard-working people and it seems that nobody is going to stop them.
Jim McCarrick, Chester, UK
It is utterly scandalous that private equity is not regulated with the sale rigour as publicly listed companies, and that the pension fund is in deficit at all, still less to 305 million. When we join a sector which carries superannuation, we have the right to be able to TRUST that our money will be returned to us when we retire. Who has walked off with the money ? Why do governments not GOVERN and safeguard ordinary workers ?
Professor Byrne, Brisbane, Australia