Admission Body

means a transferee admission body for the purposes of regulation 5A of the LGPS Regulations;

Assigned Employees

has the meaning set out in paragraph 2.5.1(a);

Authority Existing Employee

means in relation to any service equivalent to any of the Services all these persons employed by the Authority under a contract of employment (but excluding any person engaged by the Authority as an independent contractor or persons employed by any sub-contractor engaged by the Authority) who are wholly or substantially engaged in the provision of that service as at the Service Transfer Date;

Cessation Date

means any date on which the Contractor or relevant Sub-Contractor ceases to be an Admitted Body other than as a result of the termination of this Contract or because it ceases to employ any Eligible Employees;

Code

means the Code of Practice on Workforce Matters in Local Authority Service Contracts as currently contained in DCLG Circular 3/03 Annex D;

Code Dispute Resolution Procedure

means the document set out in Appendix 3 to Schedule 20 (Employment and Pensions);

Code Obligations

means the express obligations of the Contractor in paragraph 2A which derive from the Code;

Compensation Regulations

means the Local Government (Discretionary Payments) Regulations 1996 (as amended) and the Local Government (Early Termination of Employment) Discretionary Compensation) (England and Wales) Regulation 2006;

Directive

means the EC Council Directive 2001/23/EC;

Eligible Employees

(a)  the Transferring Employees who are active members of (or eligible to join) the LGPS on a Relevant Transfer Date;

(b)  the Transferring Original Employees who are active members of or have the rights to acquire benefits under either the LGPS or a broadly comparable pension scheme provided by their existing employer on a Relevant Transfer Date; and

(c)  any other individuals nominated by the Contractor or Sub-Contractor (as appropriate),

for so long as they are employees in connection with the provision of the Services or part of such Services.

Employee Costs

means:

(a)  the costs incurred by the Contractor (or any relevant Sub-Contractor) associated with employing any Transferring Staff from the [Services Commencement Date] to the earlier of (i) the date of dismissal by the Contractor (or relevant Sub-Contractor or Secondary Contractor as appropriate) by reason of redundancy under paragraph 2.2 (Transfer of Employees) of Schedule 20 (Employment and Pensions) or, (ii) thirty (30) Business Days from the Services Commencement Date; and

(b)  any redundancy payment, notice pay or payment in lieu of notice, and any accrued but untaken holiday entitlements due to any Transferring Staff and which are required by Legislation or by contract to be made to such Transferring Staff and which arise as a result of their dismissal by reason of redundancy under paragraph 2.2 (Transfer of Employees) of Schedule 20 (Employment and Pensions) where notice is given within two (2) Months of the [Services Commencement Date];

Employee Liability Information

means the employee liability information to be provided pursuant to Regulation 11 of TUPE;

Equal Pay Legislation

all and any anti-discrimination and equal pay opportunities laws, including but not limited to the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Equal Treatment Directive (Recast) Directive 06/54/EC), Article 117 of the Treaty of Rome, the Disability Discrimination Act 1995, the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2002), the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006 and the Equality Act 2006;

Equal Pay Ruling

(a)  a determination by an employment tribunal or court of competent jurisdiction or the settlement or compromise to which the Authority shall have consented in either case relating to any claim brought by any Transferring Employee on before or after the Relevant Service Transfer Date under Equal Pay Legislation that the terms and conditions of employment of the Transferring Employee relating to Pay contravene the Equal Pay Legislation; and/or

(b)  in relation to any Transferring Employee (in relation to their period of employment until the Relevant Service Transfer Date) any alteration to the salaries and payscales prescribed by the NJC terms and conditions in order to settle, address or compromise threatened or extant claim under the Equal Pay Legislation against local authority employers and/or employers engaged as at the date of this Contract or substantially engaged in the provision of services to local authority employers;

First Contractor

means the person with whom the Authority initially contracted for the provision of services which are similar to the Services;

First Employee List

has the meaning given to it in paragraph 2.A.5 (Employment Costs);

Final Employee List

has the meaning given to it in paragraph 2.A.6 (Final Employee List);

Future Service Provider

has the meaning given to it in paragraph 2.A.13 (Contractor Indemnities)

Intervening Contract

means a contract with the Authority for the provision of services which are similar to the Services, at times after they were provided under a contract with the First Contractor and before they are to be provided by the Contractor;

Local Government Pension Scheme

means the Local Government Pension Scheme established pursuant to regulations made by the Secretary of State in exercise of powers under Sections 7 and 12 of the Superannuation Act 1972 as amended from time to time;

New Employee

means those new employees employed by the Contractor and/or any Sub-Contractor to provide the Services (including any Relevant Employee) who will be working alongside the Transferring Employees;  

Original Employee

means those employees of the Authority who as a result of the application of TUPE, in relation to what was done for the purposes of carrying out the contract between the Authority and the First Contractor, became employees of someone other than the Authority;

Partner Admission Agreement

an admission agreement entered into in accordance with Regulation 5A of the LGPS Regulations by the Administering Authority, the Authority and the Contractor or Sub-Contractor (as appropriate);

Past Service Reserve

means the actuarial value, calculated on the basis that the provisions of Section 62 of the Pensions Act 1995 applies directly to the Local Government Pension Scheme or Contractor Scheme (the "Transferring Scheme"), of the aggregate of the benefits, whether immediate, prospective or contingent, payable under the Transferring Scheme to and in respect of each transferring member, his spouse and dependants, by reference to pensionable service in the Transferring Scheme, but making proper allowance for projected increases in the rate of pensionable salary of each transferring member from the cessation of pensionable service to the expected date of withdrawal, retirement or death and increases (whether or not pursuant to a legal obligation) in pensions in payment using demographic and actuarial assumptions which are overall no less conservative than those adopted for the most recent funding valuation of the Transferring Scheme;

Pay

the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a Transferring Employee receives either directly or indirectly in respect of his or her employment with the Authority;

Proposed Workforce

has the meaning set out in paragraph 2.A.8 (Workforce Information);

Relevant Employees

means the employees who are the subject of a Relevant Transfer;

Relevant Transfer

means a relevant transfer for the purposes of TUPE;

Relevant Transfer Date

the date on which an Eligible Employee transfers to the Contractor and/or one or more Sub-Contractor whether by virtue of any Relevant Transfer or deemed Relevant Transfers or otherwise;

Remuneration Costs

has the meaning set out in paragraph 2.A.8 (Workforce Information);

Reorganisation Costs

has the meaning set out in paragraph 2.A.8 (Workforce Information);

Retendering Information

has the meaning set out in paragraph [2.5.1] [2.A.16 (Retendering)];

Returning Employees

has the meaning set out in paragraph [2.6.2] [2.A.17 (Termination of Contract)];

Service Transfer Date

the transfer on a date agreed by the Parties to the Contractor of responsibility for provision of (or procuring the provision by Sub-Contractors or Secondary Contractors of) the Services in accordance with the Contract;

Transfer Amount

means the aggregate of the Transfer Values as at the Relevant Transfer Date of, respectively, those Eligible Employees who elect to transfer their benefits;

Transfer Date

means the date the Transferring Employees are transferred to the employment of the Contractor and the date that the Transferring Original Employees are transferred to the employment of a subsequent contractor;

Transfer Value

means the actuarial value of the benefits of each member of the Local Government Pension Scheme or Contractor Scheme (on a secondary transfer of employees), as the case may be, who elects to transfer their benefits pursuant to the terms of this Contract calculated on a Past Service Reserve basis and without any reduction having been applied to reflect any deficiencies in the assets relative to the liabilities of the Local Government Pension Scheme or Contractor Scheme;

Transferring Employee

means an employee of the Authority (excluding without limitation any person engaged by the Authority as an independent contractor or persons employed by any subcontractor engaged by the Authority) whose contract of employment becomes, by virtue of the application of TUPE in relation to what is done for the purposes of carrying out this Contract between the Authority and the Contractor, a contract of employment with someone other than the Authority;

Transferring Original Employee

means an employee of the Authority:

(a)  who became, by the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981 or TUPE in relation to what was done for the purposes of carrying out a contract between the Authority and the First Contractor, an employee of someone other than the Authority;

(b)  whose contract of employment on each occasion when an Intervening Contract was carried out became, by virtue of the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981 or TUPE in relation to what was done for the purposes of carrying out the Intervening Contract, a contract of employment with someone other than the existing employer; and

(c)  whose contract of employment becomes, by virtue of the application of TUPE in relation to what is done for the purposes of carrying out this Agreement between the Authority and the Contractor, a contract of employment with someone other than the Authority.

TUPE

means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (246/2006) and or any other regulations enacted for the purpose of implementing the Directive into English law.