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Trustees’ Report<br />

<strong>Plan</strong>2010<br />

To the members of the<br />

<strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong>


Overview<br />

Contents<br />

2 Overview from the Trustees<br />

6 How the Fund has Changed<br />

over 2009<br />

8 Investment Focus<br />

10 <strong>Pension</strong> Q&A’s<br />

12 Summary of the <strong>Plan</strong><br />

14 Summary Funding Statement<br />

for 2010<br />

16 Taxation of <strong>Pension</strong> Rights<br />

18 Who’s Who<br />

Welcome to the<br />

Trustees’ summary<br />

report for 2010 to<br />

the members of the<br />

<strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong><br />

<strong>Plan</strong>. This is our<br />

opportunity to<br />

remind you of the<br />

benefits that the<br />

<strong>Plan</strong> provides, to<br />

show you how the<br />

<strong>Plan</strong> has developed<br />

since our previous<br />

report and to<br />

update you with<br />

what has been<br />

happening in the<br />

pensions world.<br />

We hope you find<br />

our report useful<br />

and informative.<br />

2 Trustees’ Report 2010


from the Trustees<br />

Let’s start with a brief recap on the key<br />

features of the <strong>Plan</strong>:<br />

• The Company pays all the costs –<br />

you do not have to pay any<br />

contributions;<br />

• The <strong>Plan</strong> provides final-salary benefits<br />

which are not affected by day-to-day<br />

movements in investment markets;<br />

this means that you can predict the<br />

level of benefit you’ll get and plan<br />

your finances well in advance of<br />

retirement;<br />

John Carley<br />

Eric Fishman<br />

• Your family has the financial security<br />

of a pension which is payable on your<br />

death; also, if you die while working<br />

for the Company, a tax free life<br />

assurance sum is paid;<br />

Lydia Latham<br />

David Lutterbach<br />

• If you leave service, you may transfer<br />

the cash value of your pension to an<br />

external scheme; alternatively, the<br />

<strong>Plan</strong> will preserve your pension rights<br />

until you retire;<br />

• There is a cost-effective facility for you<br />

to provide extra benefits by paying<br />

additional voluntary contributions<br />

(“AVCs”).<br />

Nigel McKim<br />

Tony Parmenter<br />

Next, we would like to highlight the<br />

following:<br />

The <strong>Plan</strong>’s Investments<br />

The <strong>Plan</strong>’s £200M investment portfolio<br />

is set up to seek attractive returns over<br />

the long term without running undue<br />

risk. Although “uncertainty” will always<br />

feature in investment markets, the last<br />

two years have been exceptional by<br />

any terms. As a welcome recovery after<br />

the severe downturn in calendar year<br />

2008, the <strong>Plan</strong>’s portfolio achieved a<br />

strong investment return over 2009;<br />

more detail about the investments is<br />

given on pages 6 to 9.<br />

David Peirson-Smith<br />

Benj Sykes<br />

Tax Relief on <strong>Pension</strong>s<br />

The Government is cutting back tax<br />

relief on pension rights. The first step<br />

was an interim measure, covering the<br />

2009/10 and 2010/11 tax years, which<br />

only affected higher earners. However,<br />

in October 2010, some details of the<br />

tax regime to apply from 2011/12<br />

onwards were announced. This new<br />

tax treatment of pension rights will be<br />

important for some members of the<br />

<strong>Plan</strong> and so please do review the<br />

summary on pages 16 and 17.<br />

Trustees’ Report 2010 3


Overview from the<br />

Trustees<br />

continued<br />

The <strong>Plan</strong>’s Funded Status<br />

Following the actuarial valuation at<br />

January 2009, we agreed with the<br />

Company a funding schedule that is<br />

aimed to have the <strong>Plan</strong> fully funded, on<br />

the Scheme Funding basis, by the start<br />

of 2014. Our latest Summary Funding<br />

Statement with the results of the<br />

January 2010 funding review is on<br />

pages 14 and 15 of this report.<br />

Company Covenant<br />

We believe that the <strong>Plan</strong> is supported<br />

by a strong Company covenant, which<br />

in summary means that the Company<br />

can support the level of funding<br />

needed to provide the benefits. The<br />

Company’s commitment to funding<br />

the <strong>Plan</strong> properly is backed up by the<br />

parent company guarantee provided<br />

by <strong>Hess</strong> Corporation. As a standing<br />

agenda item at each Trustees’<br />

Meeting, we review up to date<br />

financial assessments of <strong>Hess</strong><br />

Corporation’s financial performance<br />

and outlook.<br />

Inflation and <strong>Pension</strong> Increases<br />

All pensions in payment are reviewed<br />

annually but, because there was no rise<br />

in inflation over the year to September<br />

2009, no statutory increases were<br />

made to pensions at January 2010.<br />

Further, the Company confirmed that<br />

it would not agree to provide any noncontractual<br />

increases on that date.<br />

Looking forward, the Government has<br />

announced that the Consumer Prices<br />

Index (“CPI”), rather than the RPI, will be<br />

used for statutory increases in company<br />

pension schemes such as the <strong>Plan</strong>.<br />

<strong>Plan</strong> Governance<br />

We have kept all the <strong>Plan</strong>’s operations<br />

under close review through detailed<br />

quarterly reports from our accountant,<br />

actuary, administrator, and investment<br />

consultant. In addition, our Investment<br />

Sub-Committee has been meeting<br />

monthly to review investment<br />

performance, assess proposed<br />

changes to the portfolio and deal<br />

with routine operational matters.<br />

Trustee Board<br />

Benj Sykes resigned as a Trustee at the<br />

end of 2010. Benj had been the longest<br />

serving Trustee and we thank him for<br />

his substantial contribution to the work<br />

of the Trustees over the years. The<br />

Company has appointed Barbara Wilton<br />

to become a Trustee with effect from<br />

1 December 2010.<br />

Audited Accounts<br />

You should note that this report<br />

contains only an extract from the<br />

audited statutory accounts for 2009<br />

in which the auditor’s opinions on<br />

the financial statements and on the<br />

summary of contributions were<br />

unqualified. Our formal report<br />

containing the <strong>Plan</strong>’s full audited<br />

accounts and other technical<br />

details is available on request to:<br />

Trustees of the <strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong> <strong>Plan</strong>,<br />

c/o <strong>Hess</strong> Services <strong>UK</strong> Limited,<br />

The Adelphi Building,<br />

1-11 John Adam Street,<br />

London WC2N 6AG<br />

or by email to:<br />

<strong>Pension</strong><strong>Plan</strong>@hess.com<br />

4 Trustees’ Report 2010


We would like to hear what you think about the <strong>Plan</strong> so please feel free to<br />

give your comments and suggestions to any of the Trustees or by email to:<br />

<strong>Pension</strong><strong>Plan</strong>@hess.com<br />

John Carley<br />

Eric Fishman<br />

Lydia Latham<br />

D G Lutterbach<br />

Nigel McKim<br />

Tony Parmenter<br />

David Peirson-Smith<br />

Benj Sykes<br />

Trustees’ Report 2010 5


How the Fund has<br />

changed over 2009<br />

Fund value including AVCs<br />

£133,631,000 1 January 2009<br />

Into the Fund was paid<br />

Employer contributions 25,197,000<br />

Members’ AVCs 755,000<br />

Transfers from other plans 161,000<br />

Investment income 404,000<br />

Total 26,517,000<br />

Out of the Fund was paid<br />

Benefits to members 2,898,000<br />

Transfers to other plans 497,000<br />

Life assurance premium 485,000<br />

Total 3,880,000<br />

The market value of the investments increased by<br />

£27,694,000<br />

Fund value<br />

£183,962,000 31 December 2009<br />

Membership of the <strong>Plan</strong><br />

End of year<br />

133<br />

Start of year<br />

121<br />

380<br />

389<br />

1,116<br />

1,099<br />

Current employees Deferred members <strong>Pension</strong>ers and dependants<br />

6 Trustees’ Report 2010


Trustees’ Report 2010 7


Investment<br />

Fund Growth since 1985<br />

£m<br />

190<br />

180<br />

170<br />

160<br />

150<br />

140<br />

130<br />

120<br />

110<br />

100<br />

90<br />

80<br />

70<br />

60<br />

50<br />

40<br />

30<br />

20<br />

10<br />

0<br />

1985<br />

1986<br />

1987<br />

1988<br />

1989<br />

1990<br />

1991<br />

1992<br />

1993<br />

1994<br />

1995<br />

1996<br />

1997<br />

1998<br />

1999<br />

In September 2008, the collapse<br />

of Lehman Brothers triggered<br />

governments around the world to<br />

intervene dramatically in markets<br />

to restore confidence in the global<br />

financial system and, at this stage,<br />

the full outcome of the banking crisis<br />

and the effectiveness of the remedial<br />

measures being taken are still<br />

unclear. However, investment markets<br />

have started to stabilise and the<br />

<strong>Plan</strong>’s investment gains in 2009 went<br />

some way towards compensating for<br />

the massive downturn experienced<br />

in 2008. These two years show how<br />

investment markets can fluctuate<br />

dramatically in the short term; overall,<br />

the <strong>Plan</strong>’s investments returned<br />

18.5% in 2009 compared with a return<br />

of minus 23.4% in 2008. And yet, the<br />

investment return on the portfolio<br />

over the first 3 quarters of 2010 has<br />

only been modest and the outlook<br />

remains volatile.<br />

This volatility of investment markets is<br />

perhaps best illustrated by the section<br />

of the portfolio where, via an Emerging<br />

Markets equity fund, the <strong>Plan</strong> invests<br />

in shares of companies operating in<br />

countries such as Brazil, China, India,<br />

Korea and Russia. Relative to investing<br />

in the <strong>UK</strong> equity market, this sector is<br />

projected to provide a higher rate of<br />

Total number of<br />

current active<br />

members<br />

return over the long term but with<br />

returns that are likely to vary more<br />

widely. The chart below shows the<br />

US$ returns achieved each month of<br />

the Emerging Markets equity fund<br />

since the start of 2008.<br />

US$ Returns of Emerging markets<br />

equity fund (31 Jan 2008 to 30 Sep 2010)<br />

% Return (US$)<br />

20<br />

15<br />

10<br />

5<br />

0<br />

-5<br />

-10<br />

-15<br />

-20<br />

-25<br />

-30<br />

31 Jan 08<br />

31 Mar 08<br />

30 Jun 08<br />

30 Sep 08<br />

31 Dec 08<br />

31 Jan 09<br />

31 Mar 09<br />

30 Jun 09<br />

30 Sep 09<br />

31 Dec 09<br />

Number of employees<br />

Fund value<br />

(including AVCs)<br />

2000<br />

2001<br />

2002<br />

2003<br />

2004<br />

2005<br />

2006<br />

2007<br />

2008<br />

2009<br />

900<br />

800<br />

700<br />

600<br />

500<br />

400<br />

300<br />

200<br />

100<br />

31 Jan 10<br />

31 Mar 10<br />

30 Jun 10<br />

30 Sep 10<br />

Looking backwards in time, it would of<br />

course have been fantastic for the <strong>Plan</strong><br />

to have been invested in this sector<br />

for purely the quarters which showed<br />

positive returns. However, no investor has<br />

the benefit of hindsight and instead we<br />

have to construct a portfolio that aims<br />

to strike a reasonable balance between<br />

achieving gains in rising markets and<br />

avoiding losses in adverse times.<br />

0<br />

8 Trustees’ Report 2010


Focus<br />

Target Asset Allocation<br />

% Returns (+/-)<br />

Actual<br />

Returns<br />

Benchmark<br />

Returns<br />

Calendar 2009 18.5% 15.8%<br />

ENTIRE PORTFOLIO<br />

Q1:Q3 2010 5.8% 4.8%<br />

0 5 10 15 20<br />

Global Equities 37%<br />

Hedge Funds 24%<br />

Bonds 12%<br />

Venture Capital<br />

& Private Equity 10%<br />

Real Assets 10%<br />

Emerging Market<br />

Equities 5%<br />

Cash 2%<br />

The importance of “not<br />

putting all the eggs in one<br />

basket” lead us to develop,<br />

with the advice of the <strong>Plan</strong>’s<br />

investment consultants, our<br />

diversified asset strategy for<br />

the portfolio which is shown<br />

in the chart above. You will<br />

see that the proportion of<br />

the <strong>Plan</strong>’s assets that is<br />

invested in Emerging Market<br />

equities represents only 5%<br />

of the entire portfolio.<br />

We track the performance of<br />

the investment managers<br />

within each of the sectors<br />

by comparing the returns<br />

actually achieved with<br />

benchmarks based on how<br />

the underlying markets have<br />

performed. Where any of<br />

our managers underperform<br />

for a sustained period,<br />

we and our investment<br />

consultants research the<br />

reasons why this has<br />

occurred and judge whether<br />

this should be treated as<br />

purely a temporary reversal<br />

or whether – perhaps<br />

because of changes in<br />

personnel – the manager<br />

should be replaced.<br />

0 10 20 30 40<br />

0 30 60 90 120 150<br />

0 5 10 15 20 25 30 35<br />

0 10 20 30 40 50<br />

-5 0 5 10 15 20<br />

% Returns (+/-)<br />

Calendar 2009 18.3% 20.7%<br />

Global Market equities<br />

Q1:Q3 2010 5.5% 3.3%<br />

Calendar 2009 69.0% 59.4%<br />

Emerging Market equities<br />

Q1:Q3 2010 19.3% 13.8%<br />

Calendar 2009 19.7% 13.1%<br />

Hedge Funds<br />

Q1:Q3 2010 3.7% 4.6%<br />

Calendar 2009 25.6% 22.5%<br />

Real Assets<br />

Q1:Q3 2010 9.3% 9.4%<br />

Calendar 2009 -2.2% -2.0%<br />

Bonds<br />

Q1:Q3 2010 9.5% 9.5%<br />

The charts above show the actual investment<br />

returns and benchmark returns on the main asset<br />

classes within the portfolio; you should note that<br />

these returns allow for the currency hedging process<br />

that we have put in place. No figures are shown for<br />

the Venture Capital/Private Equity component as our<br />

investments into these funds are being established<br />

on a gradually phased basis and short term<br />

indicators/returns for these asset classes are<br />

meaningless.<br />

In summary, we are keeping all of our managers<br />

under close review and continue to believe that the<br />

current diversified portfolio remains appropriate for<br />

the <strong>Plan</strong>. We will keep you updated in future reports.<br />

Trustees’ Report 2010 9


<strong>Pension</strong> Q&A’s<br />

Some of us may remember the old days when the subject of “pensions” was rarely<br />

mentioned in the media but life is very different now. Here are some pointers<br />

through the pensions maze:<br />

How are the Company’s contributions to the <strong>Plan</strong> worked out?<br />

The Trustees commission regular actuarial valuations of the <strong>Plan</strong>’s assets and<br />

liabilities. Based on these valuations, the Trustees will agree with the Company how<br />

much should be contributed. The amount of the Company’s contributions may go<br />

up or go down following such actuarial valuations.<br />

How does increasing life expectancy affect the <strong>Plan</strong>?<br />

All the evidence indicates that people born more recently tend to live longer. According<br />

to a recent study, once men born in 1980 reach age 60, they are expected to live on<br />

average for another 33 years whereas men reaching age 60 this year (i.e. born in 1950)<br />

are expected to survive for an average of 29 years. Please note that these are merely<br />

averages, some people will live for longer and others for less. Allowing for increased life<br />

expectancy makes pension plans more expensive simply because the pensions are<br />

likely to be paid for a longer period. Very roughly, each extra year of life expectancy that<br />

we assume for the <strong>Plan</strong>’s membership will add a further £5 million to the amount<br />

needed to support the pension rights that have already been earned.<br />

How can the <strong>Plan</strong> afford to pay out the “death in service” benefits?<br />

The cash value of the life assurance lump sums and dependant’s pensions that<br />

would be paid if every in-service member of the <strong>Plan</strong> died is around £280 million!<br />

At first sight, there might appear to be a problem because this is considerably more<br />

than the £200 million currently held by the <strong>Plan</strong>. However, there are no grounds for<br />

concern because the <strong>Plan</strong> does not rely on its own resources to pay the death in<br />

service benefits; instead, these benefits are insured and so the sums paid out by<br />

the <strong>Plan</strong> are reclaimed from the insurer.<br />

This explains why the <strong>Plan</strong> restricts a member’s death in service benefits to the level<br />

for which insurance cover has been secured; only very few members have any such<br />

restriction and each is individually informed.<br />

10 Trustees’ Report 2010


While on the subject of life assurance … please remember to update your<br />

Beneficiary Nomination Form if your personal circumstances change. In the event<br />

of a member’s death, the Trustees would use this form to help decide who should<br />

be paid the benefits. You can get a new form for this purpose from your local<br />

Human Resources department.<br />

What would happen if the <strong>Plan</strong> were wound-up?<br />

The Company would have to pay into the <strong>Plan</strong> enough money to enable all<br />

members’ accrued benefits to be completely secured with an insurance<br />

company. If the Company did not have enough money to do this then the Parent<br />

Company Guarantee provided by <strong>Hess</strong> Corporation would be activated. Only if<br />

<strong>Hess</strong> Corporation was unable to pay in the extra funding would members receive<br />

less than their accrued benefits. At the extreme, the <strong>Pension</strong> Protection Fund<br />

(“PPF”) might be able to take over the <strong>Plan</strong> and pay compensation to members.<br />

For more information, visit the PPF’s website at<br />

www.pensionprotectionfund.org.uk.<br />

What happens if I leave <strong>Hess</strong>?<br />

Provided you’ve completed at least two years’ membership, the pension that you<br />

have earned up to when you leave will remain in the <strong>Plan</strong> until you choose to<br />

have it paid – at any age between 60 and 65. After leaving, the pension will be<br />

increased each year to help maintain its real value. Alternatively, you can choose<br />

to have the cash value of your pension paid over to another approved pension<br />

arrangement – this could be a personal pension or the pension scheme of your<br />

new employer.<br />

Everyone who leaves <strong>Hess</strong> is promptly sent full details of their preserved pension<br />

rights; all the Trustees ask of you is to keep the <strong>Plan</strong>’s administrators informed of<br />

any change to your address.<br />

Why does the <strong>Plan</strong> invest in Hedge Funds?<br />

Around a quarter of the <strong>Plan</strong>’s portfolio is invested in hedge funds and so they<br />

have an important role in the Trustees’ overall investment strategy. The first point<br />

to emphasise is that there is a very wide variety of Hedge Funds and that the<br />

specific funds used by the <strong>Hess</strong> <strong>Plan</strong> are all at the cautious end of the range;<br />

further, very detailed due diligence is carried out by the Trustees’ investment<br />

consultants and lawyer before any new Hedge Fund manager is selected. The<br />

main aim of investing in Hedge Funds is to increase the diversification of the<br />

<strong>Plan</strong>’s portfolio because these funds can still provide a relatively good return<br />

when equity markets generally are falling.<br />

Can my <strong>Hess</strong> pension be shared on divorce?<br />

Yes. Couples can divide between themselves the pension rights that they have<br />

earned up to the time of the divorce. <strong>Pension</strong>s are divided by means of a formal<br />

“pension sharing order” or, more usually in Scotland, by a negotiated agreement<br />

between the parties. When a pension entitlement in the <strong>Hess</strong> <strong>Plan</strong> is shared, part<br />

of the value of the member’s pension is transferred to an external pension<br />

arrangement for the benefit of the ex-spouse. A briefing note with full details<br />

about how the <strong>Plan</strong> operates pension sharing is available on request from the<br />

<strong>Plan</strong>’s administrator.<br />

Trustees’ Report 2010 11


Summary of<br />

The <strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong> <strong>Plan</strong> is non-contributory<br />

in that the Company, <strong>Hess</strong> Services <strong>UK</strong><br />

Limited, bears the whole cost. The Company’s<br />

level of contribution is likely to vary from time<br />

to time following actuarial assessments of the<br />

<strong>Plan</strong>’s financial status.<br />

Your Normal Retirement Date (“NRD”) is<br />

65 but members also have the flexibility<br />

to retire at any age between 60 and 65.<br />

When you retire, your retirement benefits<br />

will come from three sources:<br />

1. <strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong> <strong>Plan</strong><br />

Your pension will be paid monthly in<br />

advance and is based on 1.85% of<br />

your Final <strong>Pension</strong>able Salary multiplied<br />

by the number of completed years and<br />

months of pensionable service. When<br />

you retire, you may elect to exchange<br />

part of your pension for a cash sum<br />

(currently tax-free). Your pension for<br />

service after April 1997 will be<br />

increased each year at the rate of price<br />

inflation capped at 5.0% for 1997/2005<br />

benefits and at 2.5% for post April<br />

2005 benefits; further discretionary<br />

increases may also be paid. Provisions<br />

are also in place to compensate<br />

spouses/partners and children<br />

following the death of a pensioner.<br />

2. Basic State <strong>Pension</strong> Scheme<br />

As at April 2010, the Basic State<br />

<strong>Pension</strong> was £5,078 per annum for a<br />

single person and £8,120 per annum<br />

for a married couple.<br />

3. State Second <strong>Pension</strong><br />

(“S2P”, previously known as SERPS)<br />

You should note that the <strong>Plan</strong> as a<br />

whole contracted out of S2P on<br />

1 January 2001. As a result, with effect<br />

from then, members pay a reduced rate<br />

of National Insurance contribution and<br />

will earn no further benefits under S2P.<br />

However, you will retain the right to any<br />

S2P pension that you earned prior to<br />

being contracted out.<br />

The <strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong> <strong>Plan</strong> also<br />

provides the following benefits:<br />

Early retirement<br />

With the Company’s consent, you may<br />

retire between the age of 55 and 60<br />

provided you have completed ten years’<br />

service. In this event, a reduction to your<br />

pension will be made to allow for early<br />

payment.<br />

Death in service<br />

If you die whilst a member of the <strong>Plan</strong>,<br />

a tax-free lump sum of 2.5 times your<br />

pensionable salary will be paid. In<br />

addition your spouse or nominated<br />

dependant will receive a pension of<br />

50% of your prospective pension. If you<br />

have children under the age of 18 (or<br />

21 if in full-time education), a proportion<br />

of your prospective pension will be paid<br />

until they attain that age: 20% for one<br />

child and 10% each for the next three<br />

children. These figures will be doubled<br />

if no spouse’s or dependant’s pension<br />

is payable.<br />

Transfers-in<br />

You are permitted to transfer any<br />

pension rights from previous pension<br />

arrangements into the <strong>Plan</strong>. An actuarial<br />

assessment will advise you of the<br />

options available.<br />

Leaving service<br />

If you leave the <strong>Plan</strong> before your NRD<br />

having completed more than two years’<br />

service you may either transfer your<br />

pension value to an alternative pension<br />

scheme, or receive a deferred pension.<br />

The deferred pension will be revalued<br />

each year between the date of leaving<br />

service and your NRD at the rate of<br />

price inflation capped at 5.0% for<br />

benefits earned before April 2009<br />

and at 2.5% for benefits earned after<br />

April 2009.<br />

12 Trustees’ Report 2010


the <strong>Plan</strong><br />

Benefit limits<br />

All payments from the <strong>Plan</strong> are subject<br />

to HMRC regulations; benefits paid on<br />

death in service are restricted to the<br />

level for which insurance cover has<br />

been secured.<br />

Please refer to the <strong>Pension</strong> <strong>Plan</strong> Guide<br />

for further details. This can be obtained<br />

from HR in London.<br />

Trustees’ Report 2010 13


Summary Funding State<br />

One of our most important tasks as Trustees<br />

is to monitor whether the <strong>Plan</strong> remains<br />

financially strong enough to pay all the<br />

members’ benefits – not just the pensions<br />

that are currently in payment but all the<br />

pensions that will become payable in the<br />

future as members come to retire.<br />

In line with legislation, we monitor the<br />

<strong>Plan</strong>’s financial position through regular<br />

actuarial valuations of the <strong>Plan</strong>’s assets<br />

and liabilities. Full valuations are carried<br />

out every three years and we also<br />

receive annual updating reports from<br />

our actuary. Each year, we provide<br />

members with a summary of the <strong>Plan</strong>’s<br />

funding position and this year’s is set<br />

out below.<br />

On-going Basis<br />

When assessing the <strong>Plan</strong>’s finances on<br />

an on-going basis, we assume that the<br />

<strong>Plan</strong> will continue into the future with<br />

the Company remaining willing and<br />

able to provide full financial support.<br />

Taking account of the <strong>Pension</strong><br />

Regulator’s Code of Practice and<br />

advice from our actuary, we are<br />

responsible for setting the assumptions<br />

used to value the <strong>Plan</strong>’s liabilities<br />

and these are documented in our<br />

Statement of Funding Principles.<br />

liabilities) of 67%. We agreed with the<br />

Company a Recovery <strong>Plan</strong> to address<br />

this shortfall which involves the<br />

Company paying in £72.6 million over<br />

the period to January 2014. These<br />

recovery payments will be reviewed in<br />

the light of further actuarial valuations.<br />

The actuary’s updating report at<br />

1 January 2010 showed that the shortfall<br />

had reduced from £65.2 million to<br />

£21.3 million, before including the<br />

recovery payment of £14.7 million paid<br />

by the Company later in January 2010.<br />

The improvement to the <strong>Plan</strong>’s funding<br />

position was principally due to the<br />

significant amount contributed by the<br />

Company and good investment<br />

performance of the <strong>Plan</strong>’s portfolio.<br />

The most recent full actuarial valuation<br />

of the <strong>Plan</strong> at 1 January 2009 showed<br />

that the assets were £133.6 million<br />

and that the amount needed to provide<br />

members’ accrued benefits was<br />

£198.8 million. Accordingly, the <strong>Plan</strong><br />

had a shortfall of £65.2 million and a<br />

funded status (ratio of assets to<br />

Solvency Buy-Out Basis<br />

Another approach to assessing the<br />

<strong>Plan</strong>’s financial position is to test<br />

whether the <strong>Plan</strong> has enough money<br />

for an insurance company to take over<br />

responsibility for all the benefits that<br />

members have earned to date. The<br />

latest estimate by the actuary is that<br />

14 Trustees’ Report 2010


ment for 2010<br />

becoming available under the Parent<br />

Company Guarantee. We have no<br />

reason to regard the winding up of<br />

the <strong>Plan</strong> as a likely event and this<br />

information is provided solely for<br />

regulatory purposes.<br />

Importance of the Company’s<br />

support<br />

Our objective is to have enough assets<br />

in the <strong>Plan</strong> to enable all benefits to be<br />

paid to members. To meet this objective,<br />

the <strong>Plan</strong> relies on the Company’s<br />

continued support because (i) the<br />

Company is paying for benefits earned<br />

by employed members each year and<br />

(ii) the funding level can fluctuate from<br />

time to time and, when there is a<br />

funding shortfall, the Company is likely<br />

to have to increase its contribution. The<br />

commitment of the Company to funding<br />

the <strong>Plan</strong> properly is backed up by the<br />

Parent Company Guarantee provided<br />

by <strong>Hess</strong> Corporation.<br />

And to note …<br />

There is a statutory requirement for us<br />

to confirm to the membership whether<br />

any sums have been paid by the <strong>Plan</strong><br />

to the Company; we are pleased to<br />

confirm that no such payments have<br />

been made.<br />

the <strong>Plan</strong> had<br />

a funded status on this<br />

basis of 41% at 1 January 2009.<br />

This level of cover may seem low but it<br />

is not unusual amongst <strong>UK</strong> pension<br />

plans; this is because buying-out<br />

benefits is more expensive than<br />

providing pensions directly from the<br />

<strong>Plan</strong>. Importantly, this figure is only<br />

relevant if the <strong>Plan</strong> were wound up with<br />

the Company being unable to meet the<br />

shortfall and with no extra funding<br />

If you would like more information<br />

about the actuarial valuation then<br />

please contact our pension advisors:<br />

Bluefin at 9 Greyfriars Road, Reading,<br />

Berkshire RG1 1NU or by email to:<br />

Robert.Hart@Bluefingroup.co.uk<br />

Trustees’ Report 2010 15


Taxation of<br />

<strong>Pension</strong> Rights<br />

The basic principles of how the<br />

Government taxes the benefits<br />

provided by company pension<br />

schemes such as the <strong>Plan</strong> have<br />

remained the same for many years<br />

and are relatively straightforward:<br />

• <strong>Pension</strong>s in payment are taxed as<br />

earned income.<br />

• Provided the amounts are not<br />

“excessive”, lump sums on death<br />

or retirement are paid tax-free.<br />

Private Medical scheme counts<br />

as a “benefit in kind” on which<br />

you have to pay tax but you are<br />

not taxed on any actual payouts<br />

made from that scheme to the<br />

healthcare provider.<br />

The rules about what counts as<br />

“excessive” pension benefits are<br />

based on two separate “Allowances”:<br />

• There is an Annual Allowance (“AA”) for<br />

the maximum amount of “new pension<br />

rights” which is allowable tax-free in any<br />

one year. For members of the <strong>Plan</strong>, “new<br />

pension rights” are the total of:<br />

• The cash value of the extra pension<br />

earned in the <strong>Hess</strong> <strong>Plan</strong>, and;<br />

• Any contributions you pay by way of<br />

AVCs or to an individual pension policy.<br />

• Again, provided the<br />

amounts are not “excessive”,<br />

pension rights can be built up over<br />

your working life without any tax charge<br />

– this includes giving full tax relief to<br />

AVCs paid by members.<br />

In overview, the benefits are taxed once<br />

they come into payment but, subject<br />

to upper limits, there is no tax paid on<br />

the value of pension rights as they are<br />

built up. There is a clear contrast here<br />

between pensions and, say, the Private<br />

Medical scheme provided by the<br />

Company; each year’s cost of the<br />

If the value of your new pension rights in<br />

any tax-year is over the AA then you have<br />

to pay a tax on the excess.<br />

• There is a Life Time Allowance (“LTA”)<br />

for the maximum pension value that<br />

can benefit from tax relief. This is tested<br />

when you come to retire and if the value<br />

of your benefits is greater than the LTA<br />

then you’ll have a tax charge to pay.<br />

Initially, these allowances were set at<br />

such generous levels that few members<br />

were affected. However, the Government<br />

has decided that too much tax relief is<br />

being given to pensions and announced<br />

in October 2010 that these allowances<br />

16 Trustees’ Report 2010


would be reduced from 2011/12, very substantially so for the Annual Allowance. As a<br />

caution though, you should note that there are a number of important areas where,<br />

as of the date of this report, we are waiting for further details to be published.<br />

Build-Up of <strong>Pension</strong> Rights<br />

The starting point is that from 2011/12 everyone will have full tax relief on new<br />

pension rights up to an Annual Allowance of £50,000 in each tax year, significantly<br />

less than the £255,000 that applies for 2010/11.<br />

For members of the <strong>Plan</strong>, the value of their new pension rights in 2011/12 is worked<br />

out as in the following example:<br />

A) How much pension have you<br />

earned at 6 April 2011?<br />

B) How much pension have you<br />

earned at 5 April 2012?<br />

Years of service<br />

<strong>Pension</strong>able salary<br />

10 years<br />

£60,000 pa<br />

Years of service<br />

<strong>Pension</strong>able salary<br />

11 years<br />

£65,000 pa<br />

Start Year <strong>Pension</strong><br />

is 10 x £60,000 x 1.85% = £11,100 pa<br />

End Year <strong>Pension</strong><br />

is 11 x £65,000 x 1.85% = £13,228 pa<br />

Suppose inflation over 2011/12 is 3% then adjust your Start Year <strong>Pension</strong> for inflation<br />

£11,100 x 1.03 = £11,433 pa<br />

Take your<br />

End Year <strong>Pension</strong> £13,228 pa<br />

Take off your Adjusted<br />

Start Year <strong>Pension</strong> £11,433 pa<br />

Giving a<br />

Growth in <strong>Pension</strong><br />

of £1,795 pa<br />

C) New <strong>Pension</strong> Rights<br />

multiply your growth in pension<br />

by 16 to get £28,720<br />

To get the value of your new pension rights, multiply your growth in pension by<br />

16 to get £28,720. Since this is below the £50,000 allowance, you will have no tax<br />

charge; also you would have scope to pay AVCs of up to £21,280 (taking the total<br />

up to £50,000) and get full tax relief on these contributions.<br />

If you do these sums with your own personal details and get above £50,000 as the<br />

value of your new pension rights, you might still not have any tax to pay because<br />

any unused allowance from the 3 previous years can be carried forward.<br />

To help you out with the calculations, we will continue to provide all in-service<br />

members with Annual Allowance statements – as we have already been doing<br />

to date.<br />

Maximum Value at Retirement<br />

To get the value of your retirement benefits, multiply your pension by 20 and add on<br />

any cash sum you’ll be taking. If this value is below the Life Time Allowance then<br />

you will have no tax charge. The amount of this allowance is £1.8 million for 2010/11<br />

and 2011/12 but will reduce to £1.5 million for 2012/13. However, the Government<br />

has announced that protective measures will be available to individuals who have<br />

already accrued substantial pension rights.<br />

Further information about these new tax rules will be issued once the final details<br />

have been confirmed.<br />

Trustees’ Report 2010 17


Who’s Who<br />

The Trustees<br />

The Trustees of the <strong>Plan</strong> during 2009<br />

were:<br />

Date of Appointment<br />

J A Carley (MNT) 1 February 2007<br />

E S Fishman 1 September 2008<br />

L P Latham 1 April 2008<br />

D G Lutterbach 1 March 2006<br />

N B McKim (MNT) 1 January 2009<br />

A E Newman (MNT) 1 February 2007<br />

(resigned 1 December 2009)<br />

A Parmenter (MNT) 1 January 2009<br />

D M Peirson-Smith 1 November 2009<br />

B J Sykes 20 November 2003<br />

R E Thompson 20 November 2003<br />

(resigned 1 November 2009)<br />

The Member Nominated Trustees<br />

(“MNTs”) at the end of 2009 were J A<br />

Carley, N B McKim and A Parmenter.<br />

Apart from reimbursement of expenses,<br />

the Trustees do not receive any<br />

remuneration for their work on the <strong>Plan</strong>.<br />

Professional advisers<br />

The Trustees retain professional<br />

advisers to help them run the <strong>Plan</strong>.<br />

They are as follows:<br />

Administrator and actuary<br />

Bluefin<br />

9 Greyfriars Road, Reading,<br />

Berkshire RG1 1NU<br />

Handle the administration of the<br />

<strong>Plan</strong>, e.g. transfers-in/out, benefit<br />

calculations. Carry out annual actuarial<br />

valuations to check the <strong>Plan</strong> has<br />

sufficient assets to meet the costs of<br />

the benefits and to advise on the level<br />

of contributions which HS<strong>UK</strong>L needs to<br />

pay. Provide specialist advice on all<br />

pension matters.<br />

Solicitor<br />

Farrer & Co.<br />

66 Lincoln’s Inn Fields,<br />

London WC2A 3LH<br />

Provide specialist advice and<br />

assist with the legal requirements/<br />

documentation of the <strong>Plan</strong>,<br />

e.g. Trust Deed and Rules.<br />

AVC provider<br />

Skandia Life Assurance Company<br />

Limited<br />

Skandia House, Portland Terrace,<br />

Southampton SO14 7EJ<br />

Operate the in-house AVC facility and<br />

invest the AVCs paid by members in a<br />

range of managed funds.<br />

Accountant<br />

Kelvin Archer Limited<br />

Cob Suite, Old Swan House,<br />

29 High Street, Hemel Hempstead,<br />

Herts HP1 3AA<br />

Prepare annual accounts of the <strong>Plan</strong>.<br />

Auditor<br />

Ernst & Young LLP<br />

Apex Plaza, Reading, Berkshire<br />

RG1 1YE<br />

Carry out the annual audit of the <strong>Plan</strong><br />

and ensure the accounts comply with<br />

statutory requirements.<br />

Investment consultant<br />

Cambridge Associates Limited<br />

Cardinal Place, 80 Victoria Street,<br />

London SW1E 5JL<br />

Advise the Trustees on investment<br />

strategy and investment manager<br />

selection/monitoring; provide regular<br />

analyses of investment performance.<br />

Further information<br />

Please contact:<br />

Trustees of the <strong>Hess</strong> <strong>UK</strong> <strong>Pension</strong> <strong>Plan</strong>,<br />

c/o <strong>Hess</strong> Services <strong>UK</strong> Limited,<br />

The Adelphi Building,<br />

1-11 John Adam Street,<br />

London WC2N 6AG<br />

or by email to:<br />

<strong>Pension</strong><strong>Plan</strong>@hess.com<br />

18 Trustees’ Report 2010


<strong>Hess</strong> Services <strong>UK</strong> Limited<br />

Level 9<br />

The Adelphi Building<br />

1-11 John Adam Street<br />

London WC2N 6AG<br />

Tel: 020 7331 3000<br />

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