Discretionary Benefits

26.18 Where [Sub-hubco/Project Co] (or a relevant Service Provider) is an Admission Body, Project Co shall (and/or shall procure that any relevant Service Provider shall) award benefits (where permitted) to the Pensionable Authority Employees under the LGPS (Compensation) Regulations and/or the LGPS in circumstances where the Pensionable Authority Employees would have received such benefits had they still been employed by the Authority.

26.19 Where the award of benefits in Clause 26.18 is not permitted under the LGPS (Compensation) Regulations and/or the LGPS or where [Sub-hubco/Project Co] (and/or a relevant Service Provider) is not an Admission Body, [Sub-hubco/Project Co]shall (and/or shall procure that any relevant Service Provider shall) award benefits to the Pensionable Authority Employees which are no less favourable than the benefits the Pensionable Authority Employees would have received under the LGPS (Compensation) Regulations and/or the LGPS in circumstances where the Pensionable Authority Employees would have received such benefits had they still been employed by the Authority.

26.20 Where under Clauses 26.18 and 26.19 such benefits are of a discretionary nature, they shall be awarded on the basis of the Authority's written policy in relation to such benefits at the time of the Relevant Service Transfer Date (which the Authority shall provide upon request). Where the payment of such benefits is not, for whatever reason, possible, [Sub-hubco/Project Co]shall (and/or shall procure that any relevant Service Provider shall) compensate the Pensionable Authority Employees in a manner which is broadly comparable or equivalent in cash terms.¹⁴