RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of Contractwith the Employer’s agreement assessed at the access date onthe basis that the Transferring Employees had remained activemembers of the Original Scheme, and• is a scheme which satisfies all of the Contractor’s benefitobligations under TUPE and the Pensions Act 2004.Z21.3 The Contractor submits such documents and information as theEmployer may reasonably require to enable the Employer to satisfyitself that the Contractor’s Pension Plan complies with therequirements of clause Z21.2 and the Contractor delivers a GADCertificate to the Employer at least three months before the accessdate.Z21.4 Unless the prior written consent of the Employer is given, theContractor• complies with the requirements of the Pensions Act 2004, theOccupational Pension Schemes (Member-Nominated Trustee andDirectors) Regulations 2006, the Pension Regulator’s Code ofPractice no 8 (member-nominated trustee and directors - putting inplace and implementing arrangements) and all other applicablelegislative or regulatory requirements insofar as they relate to theappointment of member nominated trustees or directors,• ensures that the Contractor’s Pension Plan contains a provisionrequiring that no amendment to the Contractor’s Pension Plan canbe made in respect of the Transferring Employees referred to inclause Z21.1 which could reduce the value of the accrued benefitsof any such Transferring Employee (or any beneficiary claiming byor through them), such value to be calculated on a basis whichallows for service (including, but not restricted to, service creditedfollowing transfers of assets to the ’s Pension Scheme from otherpension schemes) to the date upon which the power to amend isexercised and the expected future growth in earnings of theTransferring Employee in question as determined by the trusteesof the Contractor’s Pension Plan from time to time havingconsulted the Appointed Actuary and• ensures that the Contractor’s Pension Plan contains a provisionrequiring that the transfer value payable in respect of anyTransferring Employee referred to in clause Z21.1 or any group ofsuch Transferring Employees who leaves the employment of theContractor as a result of the transfer of any undertaking which ispart or the whole of an undertaking transferred to the Contractorunder this contract will be a value reflecting expected futureincreases in salary of such Transferring Employee or TransferringEmployees concerned and will, as a minimum, be no less (in theopinion of the Government Actuary’s Department) than thetransfer value calculated on the same, or a more generous basisas that used to calculate the transfer value to the Contractor’sPension Plan as provided for in clause Z21.5.If the transfer payment paid by the trustees or administrators of theContractor’s Pension Plan is less (in the opinion of the GovernmentActuary's Department) than the transfer payment which would havebeen paid had this clause Z21.4 been complied with, the ContractorRTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of Contractshall pay to the receiving scheme the amount of the differenceZ21.5 The Contractor procures that the Contractor’s Pension Plan willaccept a bulk transfer from the trustees or administrators of the ’sPension Scheme or the Original Scheme (as appropriate) on termsagreed between the actuary to the ’s Pension Scheme or the actuaryto the Original Scheme (as appropriate) and the Appointed Actuary inrespect of all of the Transferring Employees referred to in clauseZ21.1 who become members of the Contractor’s Pension Plan andrequests the trustees or administrators of the ’s Pension Scheme orthe Original Scheme to make such a transfer in respect of them. TheContractor further procures that, in the cases of TransferringEmployees in respect of whom a bulk transfer is made pursuant tothis clause Z21.5, the benefits granted under the Contractor’sPension Plan in respect of pensionable service before the accessdate are granted on the equivalent of a day for day service creditbasis or the actuarial equivalent thereof as agreed between theappropriate actuary and the Appointed Actuary.Z21.6 If any of the Transferring Employees referred to in clause Z21.1 hashis employment terminated by the Contractor for reasons ofredundancy or operational efficiency during the Service Period, theContractor (to the extent that the relevant benefit has not beenprovided under any other provision of this contract)• uses his best endeavours to procure that an amount, equivalent toany additional pension benefits which would have been paid to theTransferring Employee from the Original Scheme had heremained in service with his previous public sector employer andbeen made redundant by that employer on the date on which hisemployment is actually terminated by the Contractor, is paid fromthe Contractor’s Pension Plan,• in the event that the Contractor is unable to procure the additionalbenefits from the Contractor’s Pension Plan, pays compensationto the Transferring Employee which is equivalent in terms of valueand manner of payment to that which would have been paid fromthe Contractor’s Pension Plan and• procures the payment of any benefit other than on redundancy orfor reasons of operational efficiency which is not an old ageinvalidity or survivors’ benefit either through the relevantContractor’s pension scheme or, if that is not possible, by payingcompensation, where the obligation to do so has transferred to theContractor under TUPE, on the same basis as that which applieson redundancy.Z21.7 The Contractor ensures that any Transferring Employees whoimmediately before the access date are members of the OutgoingContractor’s (non-Government Actuary’s Department certified)pension scheme and who were not members of the Original Schemeautomatically become members of the Contractor’s AlternativePension Plan on and from the access date and (except in the caseof any such Transferring Employee who opts out of membership ofthe Contractor’s Alternative Pension Plan in writing in a formRTMC CoC, Issue 1, Rev 0 July 2011
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RTMC Model Conditions of Contract - Highways Agency

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