33  Pensions (HPP Ref: Clause 30 (Pensions))

Delete clause 30 and replace with the following:

30.1  The Authority and the Contractor agree that, as at the date of this Agreement, there are no Authority Employees [or Incumbent Provider Employees]30 whose contracts of employment will, by virtue of the parties entering into this Agreement, have effect after the Relevant Service Transfer Date (or at any time) as if originally made between those persons and the Contractor or any Sub-Contractor pursuant to TUPE.  Consequently, the parties agree that no obligation on the Contractor or relevant Sub-Contractor:

(a)  to gain admitted body status to the Local Government Pension Scheme for the purposes of the Local Government Pension Scheme Regulations 1997 and the Local Government Pension Scheme (Amendment etc) Regulations 1999;

(b)  to afford any individual pension rights which are certified by the Government Actuary's Department as being broadly comparable to or better than the pension scheme of which they were or were eligible to be members prior to a Relevant Transfer Date,

is triggered by a Relevant Transfer Date (or at any other time).

30.2  In the event that, by virtue of this Agreement, there is a Transferring Employee clauses 29.2 (Offer of Employment) to clause 29.3 (Retained Transferring Employees) of this Agreement shall apply.

_____________________________________________________________________________________________

30  Optional wording for Authority to consider.