Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Actuarial Board for Counseling and Discipline IABA Annual Meeting New York, NY 7 August

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Actuarial Board for Counseling and Discipline THE ABCDs of PROFESSIONALISM Curtis E. Huntington FSA, MAAA, FCA, COPA 2

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Agenda Background on ABCD Code of Professional Conduct Discipline Process Ethical Dilemma 3

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Actuarial Board for Counseling and Discipline ABCD was established in 1991 by the U.S. actuarial organizations to –Investigate alleged violations of the Code of Professional Conduct by members and recommend discipline –Counsel (provide guidance to) members –Mediate disputes between members and others. 4

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Membership Appointed by Council of U.S. Presidents - CUSP (Presidents and Presidents-elect of U.S. organizations) Member Area of Practice Carol Sears, ChairpersonPensions Paul Fleischacker, Vice ChairpersonHealth Curtis Huntington, Vice ChairpersonLife Linda BellCasualty James GuttermanHealth Kurt PiperPensions John PurpleCasualty Dick RobertsonLife Bob RietzPensions 5

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Processes Follow Article X of AAA bylaws and ABCD Rules of Procedure All ABCD inquiries, guidance and mediation confidential, unless –Actuary makes public or agrees to publication –Court requires disclosure –Redacted, generic situation used for educational purposes 6

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries An ABCD Inquiry Is a fact-finding effort, not an adversarial forum Examines whether or not an actuary materially violated the Code of Professional Conduct –not whether the actuary is liable for damages 7

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct The revised U.S. Code of Professional Conduct (“Code”) was adopted by the five U.S.-based actuarial organizations (Academy, ASPPA, CAS, CCA & SoA), and took effect 1 January The Code sets forth professional/ethical standards for actuarial members of the five U.S.-based actuarial organizations. 8

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct The Code contains 14 Precepts, along with annotations providing further guidance on adhering to the Precepts. The Precepts are standards that must be followed by credentialed actuaries who are members of one of the U.S.-based organizations or whose member organizations require their members to follow the U.S. Code. 9

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 1 Professional Integrity: An actuary shall act honestly, with integrity and competence, and in a manner to fulfill the profession’s responsibility to the public and to uphold the reputation of the actuarial profession 10

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 2 Qualification Standards : An Actuary shall perform Actuarial Services only when the Actuary is qualified to do so on the basis of basic and continuing education and experience and only when the Actuary satisfies applicable qualification standards. 11

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 3 Standards of Practice An Actuary shall ensure that Actuarial Services performed by or under the direction of the Actuary satisfy applicable standards of practice. 12

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 4 Communications An Actuary who issues an Actuarial Communication shall take steps to ensure that is clear and appropriate to the circumstances and audience and satisfies applicable Standards of Practice. 13

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 5 Communications Appropriately identify the principals and describe the capacity in which you serve. 14

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 6 Disclosure Make appropriate and timely disclosure to present or prospective principals of sources of all direct and indirect material compensation you or your firm receives that relates to any assignment for that principal. 15

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 7 Conflict of Interest Do not perform actuarial services unless: 1.your ability to act fairly is unimpaired; 2.you have disclosed conflict to all; AND 3.you secure agreement from all principals. 16

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 8 Control of Work Product Take reasonable steps to ensure your services are not used to mislead other parties. 17

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 9 Confidentiality Do not disclose confidential information to another unless authorized by principal OR required by law. 18

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 10 Courtesy and Cooperation Perform actuarial services with courtesy and professional respect and cooperate with others in the principal’s interest. 19

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 11 Advertising Do not engage in advertising or business solicitation activities that are false or misleading. 20

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 12 Titles and Designations Use membership titles and designations only in conformity with authorized practices. 21

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U.S. Code of Professional Conduct Precept 13 Violations of the Code If you know of an apparent, unresolved, material violation of the Code by another actuary and have attempted to resolve that violation through discussions that have been unsuccessful, you should disclose the violation to the ABCD. 22

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries U. S. Code of Professional Conduct Precept 14 Cooperation with ABCD Respond promptly, truthfully and fully to requests from the ABCD subject to restrictions on confidentiality and those imposed by law. 23

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process In 2008, the ABCD considered 37 Cases. Conduct – 21 Cases Practice – 12 Cases Conduct & Practice – 4 Cases More than 50% of Cases were from Pension Practice 24

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Request for Guidance Private guidance by ABCD member –Expresses member’s own opinion Private guidance by ABCD –Expresses views of board Public guidance by ABCD –At request or agreement of actuary(ies) –Provides guidance to profession –Expresses views of board 25

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Request for Guidance Example of RFG Topics How do I know if I am qualified? How can I become qualified? How can I do a job that involves more than one area of expertise? How much can I rely on my supervisor? How much can I rely on my staff? How much documentation of my work should I save? What if I leave my company? When should I refuse an assignment? When should I make a complaint about another actuary? When is a violation of the Code material? When is a violation of the Code resolved? 26

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Request for Guidance In 2008, the ABCD handled 48 RFGs. Precept 1 – 14 Precept 2 – 9 Precept 3 – 9 Precept 13 – 8 Precepts 4, 5, 6, 7, 8, 9, 10 - ≤ 5 each Precepts 11, 12, 14 - None 27

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Request for Guidance Examples (Most Common): 1.How do I meet Qualification Standards (#2) 2.Should I file a Complaint (#13) 3.What are my responsibilities to my Client if I have not been paid? (#1) 4.How do I manage newly found data? (#3) 28

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Mediation If all parties agree Facilitate resolution of issue without inquiry 29

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Contacting the ABCD Letter: 1850 M St., N.W., Suite 300, Washington, D.C Telephone: (202) ; (202) (fax) Website: Contacting any individual ABCD member or ABCD staff (contact information on website) 30

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 1: Initiation of Inquiry –Complaint received Reviewed by staff for completeness –Information based Chairs review public document and decide to proceed –Sent to subject actuary for response 31

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 2: Chairs’ review –Chairs evaluate for possible material violation –Chairs decide whether to Seek additional information Dismiss complaint Offer mediation Commence investigation –Notify subject actuary, complainant and ABCD 32

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 3: Notification –Notify subject actuary and complainant, if any, of Chairs’ decision –Notify ABCD at next meeting 33

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 4: Investigation –Appoint investigator, subject to challenge –Investigator obtains and reviews documents, interviews individuals involved, prepares report of results, i.e. facts as investigator understands them –Report sent to subject actuary for response 34

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 5: ABCD consideration –All documents sent to ABCD members –Case discussed at ABCD meeting –ABCD decides whether to Seek additional information Dismiss (with/without guidance) Counsel the actuary Conduct a hearing 35

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 6: Notification –Notify subject actuary, complainant and investigator of decision –Schedule hearing, if so decided 36

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 7: Hearing –Conduct fact finding hearing attended by Investigator Subject actuary –Hearing is recorded by a court reporter –Investigator presents results ABCD and actuary question investigator –Actuary presents case ABCD questions actuary 37

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 8: Deliberations –ABCD discusses hearing and documents –Decides whether to Dismiss Counsel Recommend discipline Obtain more information, reopen hearing 38

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 9: Notification –Notify subject actuary, complainant and investigator of decision –If discipline is recommended, transmit to appropriate organization(s) Statement of ABCD findings All documents used by ABCD Transcript of hearing 39

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ABCD Inquiry Process Step 10: Member Organization –If discipline is recommended –Conducts “proceedings” hearing according to its rules –May decide to Impose recommended discipline Impose greater level of discipline Impose lower level of discipline or none 40

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas ETHICAL DILEMMA 41

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas SITUATION: You have prepared a proposal for a major government contract that could be worth $10 million over the next 5 years and, if you win it, would really establish your new firm (which is finding the going pretty tough). 42

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas You are now flying to Washington to present to the selection panel, and cannot help noticing that two partners from a (rather sleepy) large professional services firm are sitting in the two seats in front of you. The seat beside you is vacant. 43

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas You know who they are, but are pretty sure they don’t know who you are. They are discussing the same project that you are concerned with. They are your key competitor for the business, and if your firm is to survive, you have to win against them, and soon. 44

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas Try to answer yes or no, and be prepared to give reasons. A lot of very useful-sounding numbers are mentioned. Is it OK to take notes? It’s too much to write down. OK to turn on your tape recorder? 45

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Ethical Dilemmas They leave papers in the seat pocket. They’re not marked “Confidential”. OK to take them? Is it OK to listen actively, hoping to pick up useful information? They are marked “Confidential”. OK to take them now? Etc. 46

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries ACTUARIAL BOARD for COUNSELING and DISCIPLINE THANK YOU 47

Copyright © 2009 by the Actuarial Board for Counseling and Discipline Copyright © 2010 by the American Academy of Actuaries Contacting the ABCD Letter: 1850 M St., N.W., Suite 300, Washington, D.C Telephone: (202) ; (202) (fax) Website: Contacting any individual ABCD member or ABCD staff (contact information on website) 48