33.11  Discretionary Benefits

Where the Service Provider or a relevant sub-contractor:

(a)  is an Admission Body the Service Provider shall and/or shall procure that any relevant sub-contractor shall award benefits to the Eligible Employees under the Compensation Regulations and/or the LGPS in circumstances where the Eligible Employees would have received such benefits had they still been employed by the Authority; and

(b)  is not an Admission Body, the Service Provider shall and/or shall procure that any relevant sub-contractor shall award benefits to the Eligible Employees which are identical to the benefits the Eligible Employees would have received under the Compensation Regulations and/or the LGPS in circumstances where the Eligible Employees would have received such benefits had they still been employed by the Authority,

and under this clause 33.11, where 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 Transfer Date (which the Authority will provide upon request).  Where the payment of such benefits is not, for whatever reason, possible, the Service Provider shall, and/or shall procure that any relevant sub-contractor shall, compensate the Eligible Employees in a manner which is broadly comparable or equivalent in cash terms.