32.4  Acceptance/Refusal of Offer

Where any such offer as referred to in clause 32.3:

(a)  is accepted the Authority shall indemnify and keep indemnified in full the Service Provider on the same terms and conditions as those set out in clause 32.18 as if there had been a Relevant Transfer in respect of each and every Authority Existing Employee who has accepted any such offer and the provisions of clauses 32.7 to 32.14 (inclusive) shall apply in the event of any resulting increase or decrease in the Remuneration Costs and Reorganisation Costs;

(b)  is not accepted, the Service Provider shall act and shall procure that each relevant Sub-Contractor shall act, in all respects, as if TUPE had applied to each and every Authority Existing Employee who has accepted any such offer and shall comply with clause 34 (Pensions)28 in respect of each and every such employee who was immediately before the Service Commencement Date an Authority Existing Employee.  For the avoidance of doubt, where any such offer as referred to in clause 32.3 is not accepted and TUPE does not apply, the Authority Existing Employee shall remain an employee of the Authority.

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28  This confirms that the pensions obligations will also apply as if there had been a TUPE transfer.