Common use of Liability for Costs Clause in Contracts

Liability for Costs. All costs incurred in connection with the Admission Agreement and/or obtaining a certificate of broad comparability from the Government Actuary’s Department shall be borne by DBFM Co. Bulk Transfers DBFM Co shall procure that each Broadly Comparable Scheme shall be able to accept bulk transfers from the LGPS. DBFM Co shall comply with (and shall procure that each relevant Service Provider shall comply with) the provisions of Section 4 (LGPS Bulk Transfer Terms) of Schedule Part 24 (Employment and Pensions) in respect of transfers from the LGPS following the Relevant Service Transfer Date and any subsequent bulk transfers on termination or expiry of this Agreement. DBFM Co Undertaking DBFM Co undertakes to the Authority (for the benefit of the Authority and for the Authority as agent and trustee for the benefit of the Pensionable Authority Employees) that it shall (and shall procure that any relevant Service Provider shall) procure that: the Pensionable Authority Employees shall by three (3) months before the Relevant Service Transfer Date or the Cessation Date (as the case may be) be offered membership of the Broadly Comparable Scheme with effect from and including the Relevant Service Transfer Date (or Cessation Date (as the case may be)); the Broadly Comparable Scheme shall provide benefits in respect of the Pensionable Authority 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 Department shall certify to be the same as, broadly comparable to, or better than the benefits which the Pensionable Authority Employees were entitled to under the LGPS at the Relevant Service Transfer Date (or the Cessation Date (as the case may be)); if the Broadly Comparable Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those Pensionable Authority Employees who are still employed by DBFM Co or a relevant Service Provider. The replacement scheme must comply with this Clause 26.15 (DBFM Co Undertaking) as if it were the Broadly Comparably Scheme; and where the Broadly Comparable Scheme has not been established by the Relevant Service Transfer Date (or Cessation Date (as the case may be)) the Pensionable Authority 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 LGPS before the Relevant Service Transfer Date (or Cessation Date (as the case may be)). Such benefits shall continue to be provided until death-in-service benefits are provided by the Broadly Comparable Scheme.

Liability for Costs. All costs incurred in connection with the Partner Admission Agreement and/or obtaining a certificate of broad comparability from the Government Actuary’s Department shall be borne by DBFM Co. hubco. Bulk Transfers DBFM Co hubco shall procure that each Broadly Comparable Scheme shall be able to accept bulk transfers from the LGPSNHS Pension Scheme and the LGPS (as appropriate). DBFM Co hubco shall comply with (and shall procure that each relevant Service Provider Partnering Subcontractor shall comply with) the provisions of Section 4 Schedule Part 17 (NHS Bulk Transfer Terms) in respect of transfers from the NHS Pension Scheme and Schedule Part 18 (LGPS Bulk Transfer Terms) of Schedule Part 24 (Employment and Pensions) in respect of transfers from the LGPS following the Relevant Service Transfer Date and any subsequent bulk transfers on termination or expiry of this Agreement. DBFM Co hubco Undertaking DBFM Co hubco undertakes to each of the Authority Participants (for the benefit of the Authority Participants themselves and for the Authority Participants as agent and trustee for the benefit of the Pensionable Authority NHS Participant Employees and the LGPS Participant Employees) that it shall (and shall procure that any relevant Service Provider Partnering Subcontractor shall) procure that: the Pensionable Authority NHS Participant Employees and the LGPS Participant Employees shall by three (3) months before the Relevant Service Transfer Date or the Cessation Date (as the case may be) be offered membership of the Broadly Comparable Scheme with effect from and including the Relevant Service Transfer Date (or Cessation Date (as the case may be)); . the Broadly Comparable Scheme shall provide benefits in respect of the Pensionable Authority NHS Participant Employees' and the LGPS Participant 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 Department shall certify to be the same as, broadly comparable to, or better than the benefits which the Pensionable Authority NHS Participant Employees and the LGPS Participant Employees were entitled to under the NHS Pension Scheme and the LGPS (as applicable) at the Relevant Service Transfer Date (or the Cessation Date (as the case may be)); . if the Broadly Comparable Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those Pensionable Authority NHS Participant Employees and LGPS Participant Employees who are still employed by DBFM Co hubco or a relevant Service ProviderPartnering Subcontractor. The replacement scheme must comply with this Clause 26.15 (DBFM Co Undertaking) paragraph 2.11 as if it were the Broadly Comparably Scheme; and where . Where the Broadly Comparable Scheme has not been established by the Relevant Service Transfer Date (or Cessation Date (as the case may be)) the Pensionable Authority NHS Participant Employees and the LGPS Participant 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 NHS Pension Scheme or the LGPS (as applicable) before the Relevant Service Transfer Date (or Cessation Date (as the case may be)). Such benefits shall continue to be provided until death-in-service benefits are provided by the Broadly Comparable Scheme.

Liability for Costs. All The costs of the Council necessarily and reasonably incurred in connection with the Provider Admission Agreement Contract and/or of obtaining a certificate the necessary certification of broad comparability from the Government Actuary’s Department in accordance with clause 49.6 shall be borne by DBFM Co. Bulk Transfers DBFM Co shall procure that each Broadly Comparable Scheme shall be able the Provider. Transfer to accept bulk another Employer Save on expiry or termination of this Contract, if the employment of any Eligible Employee transfers from the LGPS. DBFM Co shall comply with to another employer (and shall procure that each relevant Service Provider shall comply withby way of a transfer under TUPE) the provisions of Section 4 (LGPS Bulk Transfer Terms) of Schedule Part 24 (Employment and Pensions) in respect of transfers from the LGPS following the Relevant Service Transfer Date and any subsequent bulk transfers on termination or expiry of this Agreement. DBFM Co Undertaking DBFM Co undertakes to the Authority (for the benefit of the Authority and for the Authority as agent and trustee for the benefit of the Pensionable Authority Employees) that it shall (and Provider shall procure that any relevant Service Provider Sub-Contractor shall: consult with and inform those Eligible Employees of the pension provisions relating to that transfer; and procure that the employer to which the Eligible Employees are transferred (the “New Employer”) procure that: complies with the Pensionable Authority Employees shall by three (3) months before provisions of this clause 49 provided that references to the "Sub-Contractor" will become references to the New Employer, references to Relevant Service Transfer Date will become references to the date of the transfer to the New Employer and references to Eligible Employees will become references to the Eligible Employees so transferred to the New Employer. Pension Issues on Expiry or Termination The Provider shall procure that any relevant Sub-Contractor shall: maintain such documents and information as will be reasonably required to manage the pension aspects of any onward transfer of any person engaged or employed by the Provider or any Sub-Contractor in the provision of the Services on the expiry or termination of this Contract (including without limitation identification of the Eligible Employees); promptly provide to the Council such documents and information mentioned in clause 18.3 which the Council or the Cessation Date (as the case Administering Council may be) be offered membership reasonably request in advance of the Broadly Comparable Scheme with effect from expiry or termination of this Contract; and including fully co-operate (and procure that the Relevant Service Transfer Date (or Cessation Date (as trustees of the case may be)); the Broadly Comparable Provider's Scheme shall provide benefits in respect fully co-operate) with the reasonable requests of the Pensionable Authority 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 Department shall certify to be the same as, broadly comparable to, or better than the benefits which the Pensionable Authority Employees were entitled to under the LGPS at the Relevant Service Transfer Date (Council or the Cessation Date (as Administering Council relating to any administrative tasks necessary to deal with the case may be)); if the Broadly Comparable Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those Pensionable Authority Employees who are still aspects of any onward transfer of any person engaged or employed by DBFM Co the Provider or a relevant Service Provider. The replacement scheme must comply with any Sub-Contractor in the provision of the Services on the expiry or termination of this Clause 26.15 (DBFM Co Undertaking) as if it were the Broadly Comparably Scheme; and where the Broadly Comparable Scheme has not been established by the Relevant Service Transfer Date (or Cessation Date (as the case may be)) the Pensionable Authority 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 LGPS before the Relevant Service Transfer Date (or Cessation Date (as the case may be)). Such benefits shall continue to be provided until death-in-service benefits are provided by the Broadly Comparable SchemeContract.