ADMITTED BODY STATUS TO THE LOCAL GOVERNMENT PENSION SCHEME. For the purposes of Clause 0, the Company undertakes to provide the Acquired Staff who were active or eligible to be active members of the LGPS immediately prior to the Commencement Date, with membership of the LGPS and to enter into an Admission Agreement to which each Home Authority shall be a party effective from and including the Commencement Date in the form set out in Appendix 1. The Home Authorities shall be responsible for actuarial fees incurred in connection with the Admission Agreement and for any other fees incurred in connection with the Company’s admission to the LGPS in proportion to their original budget/funding contributions to the Company as set out in Clause 8 and Schedule 2 (Funding) of the Agreement. The liabilities of the Company and the Administering Authority in connection with the Company’s admission to the LGPS as a Community Admission Body are set out in the Admission Agreement referred to in Clause 19.1 of the Agreement. The Company shall award benefits (where permitted) that are payable before normal retirement date (otherwise than on ill health) to the Acquired Staff under the LGPS Regulations in circumstances where the Acquired Staff would have received such benefits or been eligible to be considered for such benefits under discretionary powers before normal retirement date had they still been employed by the Home Authority. The Company shall be responsible for meeting all costs associated with the award of such benefits to the extent that they are not included in the contribution rate.
ADMITTED BODY STATUS TO THE LOCAL GOVERNMENT PENSION SCHEME. 5.1 Where the Contractor or Sub-Contractor wishes to offer the Eligible Employees membership of the LGPS, the Contractor shall or shall procure that it and/or each relevant Sub-Contractor shall enter into an Admission Agreement to have effect from and including the Effective Date or, if the Relevant Transfer occurs after the Effective Date, from and including the date of that Relevant Transfer. The Contractor or Sub-Contractor will bear the cost of any actuarial assessment required in order to assess the employer's contribution rate or Bond value in respect of any Eligible Employee who elects to join the LGPS on or after the Effective Date. Hide Admitted body status to the LGPSNote: Admitted body status to the LGPS Paragraph 5 applies only where the Eligible Employees are members (or eligible for membership of) the LGPS. Except in limited circumstances, where the transfer involves employees moving from another public sector scheme, the only option for the Service Provider is to offer the employees membership of a GAD certified scheme, as envisaged in paragraph 6. Paragraph 5.1 includes a provision requiring the Service Provider to bear the actuarial fees before and after the Effective Date, to cover the situation where an Eligible Employee chooses to join the scheme at a later date. (If the employer's contribution rate is fixed by the administering authority or contracting authority without reference to an actuarial assessment, such costs do not arise except in respect to assessing and renewing the level of any Bond cover, if deemed necessary. See Practice note, Managing pensions risk in local authority outsourcing transactions (xxx.xxxxxxxxxxxx.xxx/0-000-0000).) Note that Eligible Employee is defined as "the Transferring Employees [or Third Party Employees] who are active members of the (or eligible to join) the LGPS on date of a Relevant Transfer including the Effective Date". Third Party Employees are included if they are Eligible Employees, for example, on a second-generation outsourcing, where the Third Party Employees are former council employees who remain entitled to membership of the LGPS or a broadly comparable pension scheme. The Authority should consider appending a standard Admission Agreement and Bond Agreement to the agreement that is sent out with the tender documents. Hide Note
5.2 The Contractor shall indemnify and keep indemnified the Council and/or any Replacement Contractor and, in each case, their Contractors, from and against all dir...
ADMITTED BODY STATUS TO THE LOCAL GOVERNMENT PENSION SCHEME. 6.1 Where Service Provider wishes to offer the Eligible Employees membership of the LGPS, save where the Council is the employer of the Eligible Employees, the Customer shall enter into an Admission Agreement if required by the Council to have effect from and including the relevant Effective Date.
6.2 The Council shall procure that the Service Provider or any relevant Sub-Contractor obtains an indemnity or Pensions Bond in respect of liabilities to the Pension Fund in accordance with the Admission Agreement prior to the Effective Date. Save where the Council is the employer of the Eligible Employees, the costs of obtaining the Pensions Bond shall be recoverable from the Customer as a direct pass-through cost, without the addition of overhead or margin.
6.3 If, during the Contract Period, the Council and the Service Provider agree a reduction in the Contract Rates pursuant to Schedule H of the Service Contract, the Council shall make a corresponding reduction in the Charges equal to the total resulting savings.
6.4 If for any reason after the Effective Date, the Service Provider ceases to provide Appropriate Pension Provision in accordance with paragraph 5 (Pensions) (other than on the Termination Date or the date of termination or expiry of the Services Contract, or because it ceases to employ any Eligible Employees), then the Customer shall be entitled to terminate the Contract by notice in writing to the Council (such notice to take effect upon the date that the Council is able to terminate the relevant part of the Service Contract in accordance with the terms set out in the Service Contract).
ADMITTED BODY STATUS TO THE LOCAL GOVERNMENT PENSION SCHEME. A.4.1. Where the Provider or its sub-contractor (subject to Secretary of State approval for a sub- contractor to become an admitted body) wishes to offer the Eligible Employees membership of the LGPS, the Provider shall or shall procure that it and/or each relevant sub-contractor shall enter into an Admission Agreement to have effect from and including the Relevant Transfer date. The Provider or sub-contractor will bear the cost of any actuarial assessment required in order to assess the employer's contribution rate, Pension Bond value and to establish an opening funding position to be used as the basis for future actuarial valuations, in respect of any Eligible Employee who elects to join the LGPS on or after the Relevant Transfer date.
A.4.2. The Provider shall indemnify and keep indemnified the Council and/or any Replacement Provider and, in each case, their sub-contractors, from and against all direct losses suffered or incurred by it or them, which arise from any breach by the Provider or its sub-contractor of the terms of the Admission Agreement, to the extent that such liability arises before or as a result of the termination or expiry of this Contract.
A.4.3. The Provider shall and shall procure that it and any of its sub-contractors shall prior to the Relevant Transfer date, obtain any indemnity or Pension Bond required in accordance with the Admission Agreement. The Provider or its sub-contractor will bear the cost of any actuarial assessment required in order to assess the value of the Pension Bond or guarantee, including costs associated with revaluations.
