Common use of Protection of Pensions Clause in Contracts

Protection of Pensions. Public Sector Employees 1.3.1. The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause 1.3.1.1 ( “the Sub-Contractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The THE Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The THE Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause Clause 1.3.1.1 ( (“the Sub-Contractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses Clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The the Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The the Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The the Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The the Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Subsub-Contractor contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Subsub-Contractor contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause Clause 1.3.1.1 ( (“the Subsub-Contractorcontractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Subsub-Contractorcontractor’s scheme on the terms set out in clauses Clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) XxxxxxxxxEstablish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause 1.3.1.1 ( “the Sub-Contractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The the Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The the Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The the Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The the Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause 1.3.1.1 ( “the Sub-Contractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The the Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The the Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The the Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The the Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause Clause 1.3.1.1 ( (“the Subsub-Contractorcontractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses Clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) XxxxxxxxxEstablish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The THE Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The THE Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Sub-Contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause Clause 1.3.1.1 ( (“the Sub-Contractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s scheme on the terms set out in clauses Clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. 1.3.1 The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (aA) Establish, or have become party to an employee’s 's retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s 's Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“"The Contractor’s 's Scheme”"); or (bB) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (cC) XxxxxxxxxEstablish, or have become party to an employee’s 's retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s 's Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s 's Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s 's Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s 's Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 1.3.1.4 Procure that the Contractor’s 's Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s 's Scheme; 1.3.1.4 1.3.1.5 Procure that the Contractor’s 's Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s 's period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 1.3.1.6 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 1.3.1.7 Neither by voluntary act or omission either prevent the Contractor’s 's Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. 1.3.2 Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s 's Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. 1.3.3 The Contractor shall procure that an amendment shall only be made to the Contractor’s 's Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s 's Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. 1.3.4 At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s 's Scheme shall offer members of the Contractor’s 's Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s 's Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s 's Scheme. 1.3.5. 1.3.5 The Contractor shall ensure that on a full or partial wind-up of the Contractor’s 's Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- wind-up or earlier date of leaving the Contractor’s 's Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s 's Scheme. 1.3.6. 1.3.6 Where any Relevant Transferring Member transfers to a Sub-Contractor Subcontractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor Subcontractor shall establish, or have become party to an employee’s 's retirement benefits scheme on the terms set out in clauseparagraph 1. 1.3.1.1 3.1.1 ( “the Sub-Contractor’s Subcontractor's scheme”"). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s Subcontractor's scheme on the terms set out in clauses paragraphs 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (a) Establish, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“The Contractor’s Scheme”); or (b) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (c) Xxxxxxxxx, or have become party to an employee’s retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 Procure that the Contractor’s Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s Scheme; 1.3.1.4 Procure that the Contractor’s Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 Neither by voluntary act or omission either prevent the Contractor’s Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. The THE Contractor shall procure that an amendment shall only be made to the Contractor’s Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s Scheme shall offer members of the Contractor’s Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s Scheme. 1.3.5. The THE Contractor shall ensure that on a full or partial wind-up of the Contractor’s Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- up or earlier date of leaving the Contractor’s Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s Scheme. 1.3.6. Where any Relevant Transferring Member transfers to a Subsub-Contractor contractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Subsub-Contractor contractor shall establish, or have become party to an employee’s retirement benefits scheme on the terms set out in clause Clause 1.3.1.1 ( (“the Subsub-Contractorcontractor’s scheme”). The Contractor shall procure that the Relevant Transferring Member is invited to join the Subsub-Contractorcontractor’s scheme on the terms set out in clauses Clauses 1.3.

Protection of Pensions. Public Sector Employees 1.3.1. 1.3.1 The Contractor shall: 1.3.1.1 In respect of service from the Employee Transfer Date and at a date not later than one month prior to the Employee Transfer Date; (aA) Establish, or have become party to an employee’s 's retirement benefit scheme that makes retirement provision which is approved or capable of approval by the Inland Revenue as an exempt approved scheme under Chapter 1 of Part XIV of the Income and Corporation Taxes Act 1988 and capable of receiving a transfer payment from the Public Sector Pension Scheme and certified by the Government Actuary’s 's Department or other actuary to be agreed between the Parties, to be broadly comparable to the Public Sector Pension Scheme (“"The Contractor’s 's Scheme”"); or (bB) Have entered into an Admission Agreement in respect of, or otherwise be able to provide a Relevant Transferring Member with membership of, a Public Sector Pension Scheme, where permissible by the rules of that scheme or in accordance with Fair Deal, or 1.3.1.1 (cC) XxxxxxxxxEstablish, or have become party to an employee’s 's retirement benefit scheme that makes retirement provision which is accepted in writing by each individual transferring employee as being adequate for their personal retirement provision. 1.3.1.2 Procure that the Relevant Transferring Members shall be automatically admitted to the Contractor’s 's Scheme with effect from the Employee Transfer Date unless any of the Relevant Transferring Members elect within three (3) months of the Employee Transfer Date by notice in writing not to become members of the Contractor’s 's Scheme from such date; 1.3.1.3 Invite those Relevant Transferring Members who elect to join the Contractor’s 's Scheme to request that a payment is made from the Public Sector Pension Scheme to the Contractor’s 's Scheme in respect of the retirement benefits accrued in the Public Sector Pension Scheme on behalf of those Relevant Transferring Members; 1.3.1.3.1 1.3.1.4 Procure that the Contractor’s 's Scheme will accept a cash payment equal to the Transfer Value made from the Public Sector Pension Scheme to the Contractor’s 's Scheme; 1.3.1.4 1.3.1.5 Procure that the Contractor’s 's Scheme will provide [x] years of reckonable service in respect of each year of a Relevant Transferring Member’s 's period of reckonable service under the Public Sector Pension Scheme to those that each Relevant Transferring Member respectively had under the Public Sector Pension Scheme as at the Transfer Date; 1.3.1.5 1.3.1.6 Where the option set out in 1.3.1.1(b), applies ensure that each Transferring Employee may participate, or continue to participate in their respective Public Sector Pension Scheme; and 1.3.1.6 1.3.1.7 Neither by voluntary act or omission either prevent the Contractor’s 's Scheme from continuing in full force and effect throughout the term of this Contract, or where the Contractor selects the option set out in 1.3.1.1(b)., at any time end the participation of a Transferring Employee of a Public Sector Pension Scheme. 1.3.2. 1.3.2 Within a reasonable time prior to the Employee Transfer Date the Contractor shall notify each of the Transferring Employees in writing of the terms and conditions upon which they will be employed by the Contractor on and after the Employee Transfer Date and the details of the Contractor’s 's Scheme, or Public Sector Pension Scheme and the proposed organisation of the undertaking after the Employee Transfer Date. 1.3.3. 1.3.3 The Contractor shall procure that an amendment shall only be made to the Contractor’s 's Scheme which could reduce the value of the benefits of any Relevant Transferring Member which have accrued to the date upon which the power to amend is exercised, if any such amendment is required by legislation or is made with the written consent of the Relevant Transferring Member. The value of the benefits shall make explicit allowance for expected future salary growth as determined by the actuary of the Contractor’s 's Scheme as if the Relevant Transferring Member had continued in employment with the Contractor. 1.3.4. 1.3.4 At the expiry or termination of this Contract, the Contractor shall procure that the Contractor’s 's Scheme shall offer members of the Contractor’s 's Scheme who were Relevant Transferring Members and whose employment transfers to the Successor Contractor, the option to transfer their accrued pension rights to the Successor Contractor’s 's Scheme on an actuarial basis certified by the actuary as no less favourable than the Transfer Value. The value of such accrued pension rights shall not be reduced because of inadequate funds being available in the Contractor’s 's Scheme. 1.3.5. 1.3.5 The Contractor shall ensure that on a full or partial wind-up of the Contractor’s 's Scheme, the benefits of any Relevant Transferring Member who is currently employed by the Contractor and accruing benefits immediately before such winding up have been increased to those which could be provided by a past service reserve. The past service reserve is to be calculated with regard to projected final pensionable pay at the assumed date of retirement, or earlier death, or leaving service and not the final pensionable pay at the date of wind- wind-up or earlier date of leaving the Contractor’s 's Scheme and each reserve is to be calculated on a basis determined by the actuary of the Contractor’s 's Scheme. 1.3.6. 1.3.6 Where any Relevant Transferring Member transfers to a Sub-Contractor Subcontractor engaged in the provision of the Services, the Contractor shall ensure that in any such transfer, the Sub-Contractor Subcontractor shall establish, or have become party to an employee’s 's retirement benefits scheme on the terms set out in clauseParagraph 1. 1.3.1.1 3.1.1 ( “the Sub-Contractor’s Subcontractor's scheme”"). The Contractor shall procure that the Relevant Transferring Member is invited to join the Sub-Contractor’s Subcontractor's scheme on the terms set out in clauses Paragraphs 1.3.