55.8  Undertaking on Eligible Employees

The Service Provider undertakes to the Authority (for the benefit of the Authority itself and for the Authority as agent and trustee for the benefit of the Eligible Employees) that it shall, and shall procure that any relevant sub-contractor shall, procure that:

(a)  the Eligible Employees shall by [three (3)] months before the Relevant Transfer Date or the Cessation Date (as the case may be) be offered membership of the Service Provider Scheme with effect from and including the Relevant Transfer Date or Cessation Date (as the case may be);

(b)  the Service Provider Scheme shall provide benefits in respect of the Eligible Employees' periods of service on and after the Relevant Transfer Date or Cessation Date (as the case may be) which [the Government Actuary's Department] [an actuary nominated by the Authority in accordance with relevant guidance produced by the Government Actuary's Department] shall certify to be broadly comparable to the benefits which the Eligible Employees would have been entitled to under the LGPS had they continued in membership of the LGPS;

(c)  on and from the Relevant Transfer Date or Cessation Date (as the case may be) until the earlier of:

(i)  [3] months after the date on which the Eligible Employees are first able to join the Service Provider Scheme; and

(ii)  the date on which the Eligible Employee joins the Service Provider Scheme,

(d)  the Service Provider shall provide death benefits for and in respect of the Eligible Employees which are certified by [the Government Actuary's Department] [an actuary nominated by the Authority in accordance with relevant guidance produced by the Government Actuary's Department] as being broadly comparable to those that would otherwise have been provided in respect of those Eligible Employees by the LGPS;

(e)  if the Service Provider Scheme is terminated, a replacement pension scheme shall be provided with immediate effect for those  Eligible Employees who are still employed by the Service Provider or relevant sub-contractor. The replacement scheme must comply with this clause 55.8 as if it were the Service Provider Scheme;

(f)  before the Relevant Transfer Date or Cessation Date (as the case may be) the trustees of the Service Provider Scheme shall undertake by deed to the Authority and to the Administering Authority that they shall comply with the provisions of clause 55.7, clause 55.12 and Part 4 of Schedule ♦ (Bulk Transfer Terms); and

(g)  it shall ensure that as a term of their contracts of employment, the Eligible Employees shall be able to enforce the right to such broadly comparable benefits as described in clause 55.8(d) above against the Service Provider.