Upload
kathy-dier
View
215
Download
0
Tags:
Embed Size (px)
Citation preview
An Introduction to the ABCD
For theCasualty Actuarial SocietyCourse on Professionalism
Copyright © 2013 by the American Academy of Actuaries
The ABCD was established in 1991 to provide a single body in the U.S. to:
• Investigate actuaries compliance with the code of Professional Conduct
• Counsel actuaries in good professional practice
• Mediate disputes between actuaries and others
Copyright © 2013 by the American Academy of Actuaries
ABCD Membership
Appointed by Council of U.S. Presidents – CUSP Presidents and Presidents – elect of U.S. organizations
• 9 members total:
• A Chairperson
• Two Vice-Chairpersons
• 6 regular members
Copyright © 2013 by the American Academy of Actuaries
ABCD Processes
• Article X of the AAA bylaws • ABCD Rules of Procedure• Confidential, unless:
Actuary makes public or agrees to publication
Court requires disclosure
Copyright © 2013 by the American Academy of Actuaries
An ABCD Inquiry
The ABCD investigates cases (except in Canada) involving members of:
• The American Academy of Actuaries• The American Society of Pension Professionals and Actuaries• The Casualty Actuarial Society• The Conference of Consulting Actuaries• The Society of Actuaries• The Canadian Institute of Actuaries (in the U.S.)
Copyright © 2013 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
• Does not administer discipline, but may recommend a level of discipline to an actuaries membership organizations
Copyright © 2013 by the American Academy of Actuaries
• 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 (SA) for response
Copyright © 2013 by the American Academy of Actuaries
• Step 2: Chairs’ reviewChairs evaluate complaint and response for possible material
violation
Chairs decide whether to:Seek additional informationDismiss the complaintRefer the case for mediationCommence investigation
Copyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 3: NotificationNotify Subject Actuary and complainant, if any, of Chairs
decision
Notify ABCD at next meeting
Copyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 4: InvestigationAppoint investigator, subject to challenge by the Subject
Actuary
Investigator Obtains and reviews documents Interviews individuals involved Prepares report of results, i.e. facts as investigator
understands them Does not offer opinions or conclusions
Report sent to SA for responseCopyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 5: ABCD considerationAll documents sent to ABCD members
Case discussed at ABCD meeting
ABCD decides whether to Seek additional information Dismiss (with / without guidance) Counsel the Subject Actuary Conduct a hearing
Copyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 6: NotificationNotify Subject Actuary, complainant, and investigator of
decision
Schedule hearing if so decided
Copyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 7: Hearing (NOT A TRIAL!!!)Conduct fact finding hearing attended by
Investigator Subject Actuary (SA may also have attorney present)
Witnesses
Hearing is recorded by a court reporter
Investigator presents results ABCD and SA question investigator
Subject Actuary presents case ABCD questions Subject Actuary
Copyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 8: DeliberationsABCD discusses hearing and documents
Decides whether to Dismiss CounselRecommend discipline
Private Reprimand
Public Reprimand Suspension Expulsion
Obtain more information, reopen hearingCopyright © 2013 by the American Academy of Actuaries
ABCD Inquiry Process
• Step 9: NotificationNotify Subject Actuary and 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
Copyright © 2013 by the American Academy of Actuaries
Joint Discipline Process
• Step 10: Joint Discipline Council (JDC) If discipline is recommended by ABCD, member organization(s)
will refer matter to the JDC
JDC is composed of the Presidents and Presidents-Elect of the five U.S.-based actuarial organizations
As needed, the JDC will form Disciplinary and Appeals Panels consisting of at least five members selected from the JDC Pool
JDC Pool is a group appointed by the member organizations in accordance with the Agreement on Joint Discipline
Copyright © 2013 by the American Academy of Actuaries
Joint Discipline Process
• Step 10: Joint Discipline Council (JDC) JDC Panels will conduct proceedings according to the JDC Rules of
Procedure for Disciplinary Actions
Decision by JDC Panel to suspend for more than two years or expel will be referred to the organization(s) of which the Subject Actuary is a member for a final disciplinary decision in accordance with organization(s) own procedures
Copyright © 2013 by the American Academy of Actuaries
Request for Guidance
• Private Guidance by ABCD memberExpresses member’s own opinion
• Private guidance by the ABCDExpresses views of the board
Copyright © 2013 by the American Academy of Actuaries
Request for Guidance
• Example of RFG Topics How do I know if I’m 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 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?
Copyright © 2013 by the American Academy of Actuaries
Request for Guidance
Actuaries can request confidential guidance by:
Contacting the ABCD office by phone or e-mail and requesting assistance
Telephone: 202-223-8196
Website: www.abcdboard.org
Contacting any ABCD member by phone or e-mail
www.abcdboard.org
Writing a letter to the ABCD office. 1850 M St., Suite 300, Washington, D.C. 20036
Copyright © 2013 by the American Academy of Actuaries
Mediation
• If all parties agree
• Facilitate resolution of issue without inquiry
Copyright © 2013 by the American Academy of Actuaries
QUESTIONS?Contact Brian Jackson at
Copyright © 2013 by the American Academy of Actuaries