Employer Obligation. The Service Provider shall comply with the requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff. The Service Provider shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the Service Transfer Date; provide all such co-operation and assistance as the Schemes and the Replacement Service Provider and/or the Customer may reasonably require to enable the Replacement Service Provider to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under New Fair Deal; and for the applicable period either: after notice (for whatever reason) is given, in accordance with the other provisions of this Call Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Service Provider or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement.
Appears in 3 contracts
Samples: Call Off Terms, Call Off Terms, Call Off Terms
Employer Obligation. The Service Provider shall comply with the requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff. The Service Provider shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the Service Transfer Date; provide all such co-operation and assistance as the Schemes and the Replacement Service Provider and/or the Customer and/or the Replacement Sub-Contractor may reasonably require to enable the Replacement Service Provider and/or the Replacement Sub-Contractor to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the applicable period either: either after notice (for whatever reason) is given, in accordance with the other provisions of this Call Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Service Provider and/or the Replacement Sub-Contractor or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement.
Appears in 3 contracts
Samples: Call Off Terms, Call Off Terms, Call Off Terms