Admission agreement definition

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The Local Government Pension Scheme—admission agreements

FORTHCOMING DEVELOPMENT: The Ministry of Housing, Communities and Local Government consulted in May 2016 on the introduction of greater pensions protection for employees of the Local Government Pension Scheme (LGPS) who are compulsorily transferred to service providers. In doing so, it was proposed that the option to provide transferring staff with access to a broadly comparable scheme should be removed. The government response to the consultation of 19 April 2018 confirmed a commitment to introduce the strengthened  Fair Deal in the LGPS but noted that respondents to the 2016 consultation had raised a number of concerns regarding the proposed approach. The Ministry of Housing, Communities & Local Government then consulted on amendments to the Local Government Pension Scheme Regulations 2013 to order to give transferred staff a continued right (in most cases) to membership of the LGPS as set out in the draft Local Government Pension Scheme (Amendment) Regulations 2019 (contained in Annex A of the consultation document). The amendments cover two particular areas:—the introduction of Fair Deal in the...

The Local Government Pension Scheme—admission agreements

The Local Government Pension Scheme—admission agreements FORTHCOMING DEVELOPMENT: The Ministry of Housing, Communities and Local Government consulted in May 2016 on the introduction of greater pensions protection for employees of the Local Government Pension Scheme (LGPS) who are compulsorily transferred to service providers. In doing so, it was proposed that the option to provide transferring staff with access to a broadly comparable scheme should be removed. The government response of 19 April 2018 confirmed a commitment to introduce the strengthened  Fair Deal in the LGPS but noted that respondents to the 2016 consultation had raised a number of concerns regarding the proposed approach. There was a subsequent consultation in January 2019 on amendments to the Local Government Pension Scheme Regulations 2013 to order to give transferred staff a continued right (in most cases) to membership of the LGPS as set out in the draft Local Government Pension Scheme (Amendment) Regulations 2019 (contained in Annex A of the consultation document). On 8 September...

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Local government outsourcing contract—template pensions schedule

Local government outsourcing contract—template pensions schedule 1 Interpretation 1.1 The following definitions and rules of interpretation apply in this Schedule: Admission Agreement • means the admission agreement to be entered into on or around the date of the [Outsourcing Contract] between the administering authority of the LGPS and the Supplier Best Value Direction • means the Best Value Authorities (Staff Transfers) Pensions Direction 2007 Broadly Comparable Pension Scheme • a pension scheme formally certified by the Government Actuary’s Department as broadly comparable to the LGPS Customer’s Scheme • the [ [LGPS] OR [other pension scheme] currently operated by the Customer in respect of the Relevant Employees] Fair Deal Guidance • HM Treasury Fair Deal for staff pensions: Staff transfer from central government (October 2013) Onward Transfer Date • the date of transfer of Onward Transferring Employees of the Supplier pursuant to TUPE 2006 on expiry (or earlier termination) of the [Outsourcing Contract] Onward Transferring Employees • the employees of the Supplier who...

Admission Agreement

Admission Agreement This Agreement is made on [insert date—note that admission agreements can now take effect on a date earlier than the date of execution]. Parties 1 [insert full name of Administering Authority] (the ‘Administering Authority’); 2 [insert full name of Scheme Employer] (the ‘Scheme Employer’); and 3 [insert full name of Admission Body] a company registered in England (company registration no. [insert number]) whose registered office is at [insert registered company address] (the ‘Admission Body’). Background (A) [insert full name of Administering Authority] is the Administering Authority of the [insert full name of pension scheme] in accordance with the Regulations. (B) The Scheme Employer is a scheme employer within the meaning of the Regulations. (C) With effect from the Contract Start Date, the Admission Body will provide the Services in connection with the exercise of a function of the Scheme Employer pursuant to the Contract between the Scheme Employer and the Admission Body. (D) The Administering Authority, the Scheme Employer and the Admission Body have agreed...

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Do the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction) have statutory force? If this is breached, how is this enforced? If an employer fails to obtain admitted body status, this will result in the employer having to provide a comparable pension scheme under the Best Value Direction—should the employer provide information about this during the Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation process?

Do the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction) have statutory force? If this is breached, how is this enforced? If an employer fails to obtain admitted body status, this will result in the employer having to provide a comparable pension scheme under the Best Value Direction—should the employer provide information about this during the Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation process? We refer you to the following Practice Notes below which you may find helpful including: • Local government outsourcing—the pension issues • TUPE—an overview for pensions lawyers The Best Value Direction In particular, the first Practice Note confirms that the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction), which is made under section 101 of the Local Government Act 2003, has statutory force and must be complied with, although it does not automatically override the terms of an outsourcing contract. However, a key feature of the Best Value Direction is that it must be...