Common use of Contractor Scheme Clause in Contracts

Contractor Scheme. 3.7.1 The Contractor will or will procure that any relevant Subcontractor will not later than the Relevant Transfer Date or the Cessation Date (as the case may be) nominate to the Employer in writing the occupational pension scheme or schemes which it proposes will be “the Contractor Scheme” for the purposes of this paragraph 3.7. Such pension scheme or schemes must be: 3.7.1.1 established within 3 months prior to the Relevant Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) and maintained until any payment to be made under Part 2 of this schedule (Bulk Transfer Terms) is made, 3.7.1.2 reasonably acceptable to the Employer (such acceptance not to be unreasonably withheld or delayed), 3.7.1.3 registered within the meaning of the Finance ▇▇▇ ▇▇▇▇ and 3.7.1.4 certified by the Government Actuary’s Department or an actuary nominated by the Employer in accordance with relevant guidance produced by the Government Actuary’s Department as providing benefits which are the same as, broadly comparable to, or better than those benefits provided by the LGPS. 3.7.2 The Contractor undertakes to the Employer (for the benefit of the Employer itself and for the Employer as agent and trustee for the benefit of the Eligible Employees) that it will and will procure that any relevant Subcontractor will procure that: 3.7.2.1 the Eligible Employees will by 3 months before the Relevant Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) be offered membership of the Contractor Scheme with effect from and including the Relevant Transfer Date or Cessation Date (as the case may be), 3.7.2.2 the Contractor Scheme will provide benefits in respect of the Eligible Employees’ periods of service on and after the Relevant Transfer Date or Cessation Date (as the case may be) which the Government Actuary’s Department or an actuary nominated by the Employer in accordance with relevant guidance produced by the Government Actuary’s Department will certify to be the same as, broadly comparable to or better than the benefits which the Eligible Employees were entitled to under the LGPS at the Relevant Transfer Date or the Cessation Date (as the case may be). In the case of Eligible Employees who are Transferring Original Employees, the benefits provided from the Relevant Transfer Date must be the same as, broadly comparable to or better than the benefits provided by their pension scheme immediately before the Relevant Transfer Date (where this scheme was not the LGPS, 3.7.2.3 on and from the Relevant Transfer Date or Cessation Date (as the case may be) until the earlier of:

Contractor Scheme. 3.7.1 The 6.7.1. Where paragraph 4.1 does not apply, the Contractor will shall or will shall procure that any relevant Subcontractor will sub-contractor shall not later than the Relevant Transfer Date or the Cessation Date (as the case may be) nominate nominated to the Employer Council in writing the occupational pension scheme or schemes which it proposes will shall be ““ the Contractor Scheme” for the purposes of this paragraph 3.72.7. Such pension scheme or schemes must be: 3.7.1.1 established a) Established within 3 months prior to the Relevant Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be); b) and maintained until any payment to be made under Part 2 of this schedule (Bulk Transfer Terms) is made, 3.7.1.2 reasonably Reasonably acceptable to the Employer Council (such acceptance not to be unreasonably withheld or delayed),; 3.7.1.3 c) A registered within pension scheme for the meaning purposes of Part 4 of the Finance ▇▇▇ ▇▇▇▇ Act 2004; and 3.7.1.4 certified d) Certified by the Government Actuary’s Department or an actuary nominated by the Employer Council in accordance with relevant guidance produced by the Government Actuary’s Department as providing benefits which are the same as, or broadly comparable to, to or better than those benefits provided by the LGPS. 3.7.2 6.7.2. The Contractor undertakes to the Employer Council (for the benefit of the Employer Council itself and for the Employer Council as agent and trustee for the benefit of the Eligible Employees) that it will shall and will shall procure that any relevant Subcontractor will sub-contractor shall procure that: 3.7.2.1 the a) The Eligible Employees will shall by 3 months before the Relevant Transfer Date or as soon as reasonably practicable after of the Cessation Date (as the case may be) be offered membership of the Contractor Scheme with effect from and including the Relevant Transfer Date or Cessation Date (as the case may be),; 3.7.2.2 the b) The Contractor Scheme will shall provide benefits in respect of the Eligible Employees’ periods of service on and after the Relevant Transfer Date or Cessation Date date (as the case may be) which the Government Actuary’s Department or an actuary in actually nominated by the Employer Council in accordance with relevant guidance produced by the Government Actuary’s Department will shall certify to be the same as, broadly comparable to or better than the benefits which the Eligible Employees eligible employees were entitled to under the LGPS at the Relevant Transfer Date or the Cessation Date date (as the case may be). In the case of Eligible Employees who are Transferring Original Employees, the benefits provided from the Relevant Transfer Date must be the same as, broadly comparable to or better than the benefits provided by their pension scheme immediately before the Relevant Transfer Date (where this scheme was not the LGPS,; 3.7.2.3 on c) On and from the Relevant Transfer Date or Cessation Date relevant transfer date organisation date (as the case may be) until the earlier of:

Contractor Scheme. 3.7.1 Where this paragraph 3.A.7 applies pursuant to paragraph 3.A.6 (Contractor Ceases to be an Admission Body), the following shall apply: The Contractor will shall or will shall procure that any relevant Subcontractor will Sub-Contractor shall not later than the Relevant Transfer Date or the Cessation Date (as the case may be) nominate to the Employer Authority in writing the occupational pension scheme or schemes which it proposes will shall be “the "Contractor Scheme” for the purposes of this paragraph 3.73.A.7. Such pension scheme or schemes must be: 3.7.1.1 : established within 3 months three (3) Months prior to the Relevant Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) and maintained until any payment to be made under Part 2 of this schedule Appendix 4 (Bulk Transfer Terms) to this Schedule Part 20 (Employment and Pensions) is made, 3.7.1.2 ; reasonably acceptable to the Employer Authority (such acceptance not to be unreasonably withheld or delayed), 3.7.1.3 ; a registered within pension scheme for the meaning purposes of Part 4 of the Finance ▇▇▇ ▇▇▇▇ and 3.7.1.4 Act 2004; and certified by the Government Actuary’s 's Department (Scotland) or an actuary nominated by the Employer Authority in accordance with relevant guidance produced by the Government Actuary’s 's Department (Scotland) as providing benefits which are the same as, broadly comparable to, to or better than those benefits provided by the LGPS. 3.7.2 LGPS147. [However, in the case of Eligible Employees who are Transferring Original Employees and who are being offered membership of the Contractor Scheme with effect from the Relevant Transfer Date, the Contractor Scheme must be certified as providing benefits which are the same as, broadly comparable to or better than provided under their pension scheme immediately before the Relevant Transfer Date (where this scheme was not the LPGS)]. The Contractor undertakes to the Employer Authority (for the benefit of the Employer Authority itself and for the Employer Authority as agent and trustee for the benefit of the Eligible Employees) that it will shall and will shall procure that any relevant Subcontractor will Sub-Contractor shall procure that: 3.7.2.1 : the Eligible Employees will shall by 3 months [three (3)] Months before the Relevant Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) be offered membership of the Contractor Scheme with effect from and including the Relevant Transfer Date or Cessation Date (as the case may be), 3.7.2.2 ; the Contractor Scheme will shall provide benefits in respect of the Eligible Employees’ ' periods of service on and after the Relevant Transfer Date or Cessation Date (as the case may be) which the Government Actuary’s Department (Scotland) or an actuary nominated by the Employer Authority in accordance with relevant guidance produced by the Government Actuary’s 's Department will (Scotland) shall certify to be the same as, broadly comparable to or better than the benefits which the Eligible Employees were entitled to under the LGPS at the Relevant Transfer Date or the Cessation Date (as the case may be). ) [In the case of Eligible Employees who are Transferring Original Employees, the benefits provided from the Relevant Transfer Date must be the same as, broadly comparable to or better than the benefits provided by their pension scheme immediately before the Relevant Transfer Date (where this scheme was not the LGPS, 3.7.2.3 on and from LPGS)];148 where the Contractor Scheme has not been established at the Relevant Transfer Date or Cessation Date (as the case may be) the Eligible Employees shall be provided with benefits in respect of death in service which are no less favourable than the death in service benefits provided by the LPGS immediately before the Relevant Transfer Date or Cessation Date (as the case may be). Such benefits will continue to be provided until death in service benefits are provided by the Contractor Scheme; if the Contractor Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those Eligible Employees who are still employed by the Contractor or relevant Sub-Contractor. The replacement scheme must comply with this paragraph 3.A.7 (Contractor Scheme) as if it were the Contractor Scheme; and before the Relevant Transfer Date or Cessation Date (as the case may be) the trustees of the Contractor Scheme shall undertake by deed to the Authority and to the Administering Authority that they shall co-operate with the provisions of paragraphs 3.A.7.1(a) to (d), 3.A.8.1(a), 3.A.8.1(b) and 3.A.8.1(d) and Appendix 4 (Bulk Transfer Terms) to the extent applicable to them. Appendix 4 (Bulk Transfer Terms) shall apply in relation to the terms for bulk transfers from the LGPS to the Contractor's Scheme following the Relevant Transfer Date and any subsequent bulk transfers on termination or expiry of this Agreement. The Contractor undertakes to the Authority (for the benefit of the Authority itself and for the Authority as agent and trustee for the benefit of the Eligible Employees) that: all information which the Authority or the Administering Authority or their respective professional advisers may reasonably request from the Contractor or any relevant Sub-Contractor for the administration of the LGPS or concerning any other matters raised in paragraph 3.A.7 (Contractor Scheme), paragraph 3.A.8 (Undertaking from the Contractor) or Appendix 4 (Bulk Transfer Terms) shall be supplied to them as expeditiously as possible; it shall not and shall procure that any relevant Sub-Contractor shall not, without the consent in writing of the Authority (which shall only be given subject to the payment by the Contractor or the relevant Sub-Contractor of such reasonable costs as the Authority or the Administering Authority may require) consent to instigate, encourage or assist any event which could impose on the LPGS or on the Authority a cost in respect of any Eligible Employee greater than the cost which would have been payable in respect of that Eligible Employee had that consent, instigation, encouragement or assistance not been given; until the earlier of:Relevant Transfer Date, it shall not and shall procure that any relevant Sub-Contractor shall not issue any announcements (whether in writing or not) to the Eligible Employees concerning the matters stated in paragraphs 3.A.1 (Contractor to Become an Admission Body) to 3.A.6 (Contractor Ceases to be an Admission Body) inclusive without the consent in writing of the Authority and the Administering Authority (not to be unreasonably withheld or delayed); it shall not and shall procure that any relevant Sub-Contractor shall not take or omit to take any action which would materially affect the benefits under the LGPS or under the Contractor Scheme of any Eligible Employees who are or will be employed wholly or partially in connection with the Services without the prior written agreement of the Authority (not to be unreasonably withheld or delayed) provided that the Contractor and/or such Sub-Contractor will be so entitled without the requirement of consent to give effect to any pre-existing contractual obligations to any Eligible Employees; and it shall and shall procure that any relevant Sub-Contractor shall offer any of its Eligible Employees who cease to be engaged in the provision of the Services and thereby cease to be eligible for membership of the LGPS membership of the Contractor Scheme as soon as reasonably practicable after ceasing to be so engaged [unless such an Eligible Employee has voluntarily agreed to the loss of his LPGS membership as part of the change].

Contractor Scheme. 3.7.1 The Where this clause 2.5 applies pursuant to clause 2.4, the following shall apply: 2.5.1 the Contractor will shall or will shall procure that any relevant Subcontractor will Sub-Contractor shall not later than the Relevant Service Transfer Date or the Cessation Date (as the case may be) nominate to the Employer Authority in writing the occupational pension scheme or schemes which it proposes will shall be “the Contractor Scheme” Scheme for the purposes of this paragraph 3.7clause 2.5. Such pension scheme or schemes must be: 3.7.1.1 2.5.1.1 established within 3 three (3) months prior to of the Relevant Service Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) and maintained until any payment to be made under Part 2 of this schedule (Bulk Transfer Terms) is made,); 3.7.1.2 2.5.1.2 reasonably acceptable to the Employer Authority (such acceptance not to be unreasonably withheld or delayed),; 3.7.1.3 2.5.1.3 a registered within pension scheme for the meaning purposes of Part 4 of the Finance ▇▇▇ ▇▇▇▇ ▇; and 3.7.1.4 2.5.1.4 certified by the Government Actuary’s 's Department or an actuary nominated by the Employer Authority in accordance with relevant guidance produced by the Government Actuary’s 's Department as providing benefits which are the same as, broadly comparable to, to or better than those benefits provided by the LGPS.applicable Legacy Scheme; 3.7.2 The 2.5.2 the Contractor undertakes to the Employer Authority (for the benefit of the Employer Authority itself and for the Employer Authority as agent and trustee for the benefit of the Eligible Employees) that it will shall and will shall procure that any relevant Subcontractor will Sub-Contractor shall procure that: 3.7.2.1 2.5.2.1 the Eligible Employees will shall by 3 three (3) months before the Relevant Service Transfer Date or as soon as reasonably practicable after the Cessation Date (as the case may be) be offered membership of the Contractor Scheme with effect from and including the Relevant Service Transfer Date or Cessation Date (as the case may be),; 3.7.2.2 2.5.2.2 the Contractor Scheme will shall provide benefits in respect of the Eligible Employees’ ' periods of service on and after the Relevant Service Transfer Date or Cessation Date (as the case may be) which the Government Actuary’s 's Department or an actuary nominated by the Employer Authority in accordance with relevant guidance produced by the Government Actuary’s 's Department will shall certify to be the same as, broadly comparable to or better than the benefits which the Eligible Employees were entitled to under the LGPS applicable Legacy Scheme at the Relevant Service Transfer Date or the Cessation Date (as the case may be). In ; 2.5.2.3 if the case of Contractor Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those Eligible Employees who are Transferring Original Employees, still employed by the benefits provided from Contractor or relevant Sub-Contractor. The replacement scheme must comply with this clause 2.5 as if it were the Relevant Transfer Date must be the same as, broadly comparable to or better than the benefits provided by their pension scheme immediately Contractor Scheme; 2.5.2.4 before the Relevant Transfer Date (where this scheme was not the LGPS, 3.7.2.3 on and from the Relevant Service Transfer Date or Cessation Date (as the case may be) the trustees of the Contractor Scheme shall undertake by deed to the Authority and to any Administering Authority or Participating Authority as may be required by the provisions governing any Legacy Scheme that they shall co- operate with the provisions of clauses 2.5, 2.6 and [Schedule 23] to the extent applicable to them; and 2.5.2.5 where the Contractor Scheme has not been established at the Service Transfer Date or Cessation Date (as the case may be), the Eligible Employees shall be provided with benefits in respect of death-in-service which are no less favourable than the death-in-service benefits provided by the Legacy Scheme immediately before the Service Transfer Date or Cessation Date (as the case may be). Such benefits will continue to be provided until death-in-service benefits are provided by the earlier of:Contractor Scheme; and 2.5.3 The Authority’s actuary shall determine the terms for any bulk transfers from a Legacy Scheme to the Contractor's Scheme following the Service Transfer Date and any subsequent bulk transfers on termination or expiry of this Agreement.