RTMC Model Conditions of Contract - Highways Agency

Regional Technology Maintenance ContractConditions of Contractapproved by the Employer) remain members of the Contractor’sAlternative Pension Plan throughout the period of their employmentin connection with Providing the Service.Z21.8 The Contractor’s Alternative Pension Plan is• a registered pension scheme for the purposes of the Finance Act2004 and• a scheme which, as a minimum, fulfils the Contractor’s benefitobligations under TUPE and the Pensions Act 2004.Z21.9 Where the employment of any Transferring Employee is transferred toa Subcontractor, the Contractor procures that the Subcontractor• complies with the requirements of clauses Z21.2 to Z21.5 inrelation to any Transferring Employee to whom clause Z21.1applies and complies with the requirements of clause Z21.8 inrelation to any Transferring Employee to whom clause Z21.7applies (as the case may be) and• imposes similar requirements on any subsequent transferee of theTransferring Employees.Z21.10 The Contractor ensures that no announcement (whether or not inwriting) will be made by the Contractor or any Subcontractor to theTransferring Employees concerning the matters raised in thisclause Z21 without the consent in writing of the Employer.Z21.11 The Contractor indemnifies the Employer and holds it harmless at alltimes from any reasonable costs or losses suffered or incurred by itarising from claims by Transferring Employees or by trade unions,elected Transferring Employee representatives or staff associationsin respect of all or any Transferring Employees which• relate to pension rights in respect of periods of employment on orafter the access date or• arise out of the failure of the Contractor, any Subcontractor or anysubsequent transferee of the Transferring Employees to comply withthe relevant provisions of this clause Z21RTMC CoC, Issue 1, Rev 0 July 2011