This form is to be completed by an employer who wishes to be admitted to the scheme under regulation 5 (see page 7), or who has been appointed to carry out services on behalf of a Scheme Employer and will be admitted under regulation 6 (see page 9).
Please note, you should also complete the Data Requirements spreadsheet
INFORMATION REQUIRED for.
CONSIDERATION of ADMISSION of a NEW ADMITTED BODY
The Local Government Pension Scheme (Administration) Regulations 2008
- Details of Proposed Admitted Body
Contact Name, Company Name, Address, Telephone Number, Company Number
Details of any Legal Representative. Contact Name, Company Name, Address, Telephone Number
- Basis of Admission
(a) / Under precisely which sub-paragraph(s) of Regulation 5 or 6, of the Local Government Pension Scheme Administration Regulations 2008 is admission contemplated? (see page 5).
(b) / If the agreement is under Regulation 6 is the admission body the main contractor or a sub-contractor?
(c) / What is the Proposed Admission Date?
(d) / Who has employed the employees prior to the proposed Admission Agreement? Are they;
(i) transferred from a Council (if so, which Council);
(ii) employed by a current contractor (only relevant to reg 6 admissions),
(iii) employed by a current admission body
(iv) already employed by the proposed Admission Body; or
(v) New Hires?
(e) / If the employees who are to be covered by the admission agreement are to be transferred to the Admission Body, will they all be transferring all at once or on different dates?
What are the proposed dates?
(f) / Is it proposed that the admission agreement will be a “closed” or an “open” agreement ( a “closed” agreement is one that limits membership to existing staff/staff transferring from the Local Authority only, an “open” agreement is for existing staff plus others)
(g) / What is the contract length / Will the admission body have an end date?
- Identification of the type of separate legal entity that the proposed admitted body constitutes
N.B.; If the proposed admitted body is not a separate legal entity (for example, if it is a school) provide information about the legal entity that owns the proposed admitted body - for example, an educational trust. If the proposed admitted body is not yet in existence please answer the questions taking into account the proposed constitution:
(a) / Is it a committee, company, corporate body, church council, Industrial and Provident Society, trust, charity established by Royal Charter, etc.?N.B.; Do not respond “Charity”. A charity is not itself a legal entity.
(b) / Supply an up-to-date copy of the documents (e.g. Memorandum and Articles of Association) establishing the legal entity and setting forth the rules controlling it and the way it is managed.
(c) / To what extent is the establishment of the legal entity authorised, anticipated or required by any form of Government Legislation?
(d) / Specify the extent (including percentages) to which the legal entity is owned by any level of Local or Central Government and identify the government owner.
(e) / Identify (including percentages) any non-government owners of the legal entity.
(f) / Specify and identify the extent (including percentages) that the management of the legal entity is vested in:
i) Government or Government Representatives in that capacity;
ii) Non-government.
(g) / Specify in whom the assets of the legal entity will vest on dissolution and state whether the recipient is any part of local or central government.
(h) / Is the legal entity a charity exempt from U.K. tax or otherwise so exempt? If so, provide the charity registered number or evidence of other exemption.
(I) / If the legal entity was established with initial assistance or encouragement of a Local Authority (e.g. - a company limited by guarantee to carry out a local authority function or a function that the local authority wishes carried out,) explain why it was decided to achieve this through a legal entity separate from the local authority.
- Revenue – Sources of Finance and Bonds
4.1 General
(a) / Roughly what percentage of the proposed admitted body’s current revenues (e.g. - last year and this year) are derived from local or central government sources?What are those sources and how long is funding guaranteed for?
(Please provide a copy of accounts and balance sheet in respect of last financial year)
If this figure is currently nil, what is anticipated?
(b) / What are the proposed admitted body’s principal non-government sources of finance?
If this figure is currently nil, what is anticipated?
(c) / To what extent is it probable that the proposed admitted body will continue to receive as much or more government funding in the future as that described in (a) above?
4.2 Guarantees
(f) / Is the transfer of employees related to a service which is to be permanently removed from the local authority’s budget or a contract for a specified period? (Please specify the period).(g) / Providing a Guarantor may reduce your contribution rate (This would not usually apply to a Best Value Admission Agreement under regulation 6).
Please supply name and details of your proposed Guarantor
4.3 If the agreement is to be made under Regulation 6 (2), statute requires a bond or indemnity. Please answer the questions below if admission is sought under that Regulation.
(a) / Please confirm which is to be provided – indemnity or bond.(b) / What are the bank’s details and address for service of notices?
(c) / What is the proposed expiry date for the indemnity/bond?
- Provision of Services
(a) / What public service or government function (i.e. - a function that government is authorised or required to provide) does the proposed admitted body currently carry out and roughly what percentage of its overall activity does this represent?
(b) / To what extent is it probable that the answers to (a) above will remain substantially unchanged in the future?
(c) / Where changes to the public service or government function are planned or likely, please specify the type and extent of the change.
(d) / Identify to what extent and in what way the proposed admitted body may engage in commercial activities (within the ordinary meaning of that expression) including the likely present and future percentage that this will represent of its overall activities.
(e) / Can a categorical binding assurance or undertaking (and accompanying indemnity) be given by the proposed admitted body that it will not at any stage, now or hereafter, engage in commercial activities in the United States?
6. Special Arrangements
Set forth any special arrangements contemplated in connection with the proposed admission (e.g. express limitations upon the duration of an admission agreement - note: such limitations may be beyond the scope of the administering authority’s powers under the Superannuation Regulations)7. Pension Costs
There are costs associated with the admission process such as obtaining the likely contribution rate and the level of risk exposure.Annually the level of indemnity (if applicable) is reviewed by our actuaries.
On the cessation of the contract, actuarial work will be carried out to determine any surplus / deficit, attributable to the ceasing employer.
Please provide a purchase order number.
Duties and Obligations
All employers in the LGPS must
Comply with the reasonable requests from the TPF to enable it to comply with the requirements of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655);
Formulate and publish within three months of becoming a scheme employer, a statement concerning its Policy on the exercise of its functions in accordance with the requirements of the Regulations and to keep such policy under review;
Provide or procure to be provided to the TPF such information as is required by the Authority in relation to the pay and final pay (as defined in the Regulations) of each Employee;
Adopt the practices and procedures relating to the operation of the Scheme as set out in the Regulations and as set out in any employer’s guide published by the TPF and provided to the scheme employer from time to time or contained in any other instructions lawfully given by the TPF in writing.
Further information, including the latest scheme guides, can be found by visiting
SIGNED______DATED____________
POSITION______
The Local Government Pension Scheme (Administration) Regulations 2008
5 Employees of non-Scheme employers: community admission bodies
(1) Subject to the requirements of this regulation and regulation 7, an administering authority may make an admission agreement with any community admission body.
(2) The following are community admission bodies
(a) a body, other than the governors or managers of a voluntary school (within the meaning of the School Standards and Framework Act 1998), which provides a public service in the United Kingdom otherwise than for the purposes of gain and which either
(i) has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise), or
(ii) is approved by the Secretary of State for the purposes of admission to the Scheme;
(b) a body, other than the governors or managers of a voluntary school, to the funds of which a Scheme employer contributes;
(c) a body representative of
(i) local authorities,
(ii) local authorities and officers of local authorities,
(iii) officers of local authorities where it is formed for the purpose of consultation on the common interests of local authorities and the discussion of matters relating to local government, or
(iv)Scheme employers;
(d) the Housing Corporation;
(e) the Commission for the New Towns;
(f) a company for the time being subject to the influence of a local authority (within the meaning of section 69 of the Local Government and Housing Act 1989 (companies subject to local authority influence)); and
(g) a company for the time being subject to the influence of a body listed in Part 1 of Schedule 2 (other than a local authority).
(3) An approval under paragraph (2)(a)(ii) may be subject to such conditions as the Secretary of State thinks fit and she may withdraw an approval at any time if such conditions are not met.
(4) Where, at the date that an admission agreement is made with a body mentioned in paragraph (2)(b), the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, it must be a term of the admission agreement that the Scheme employer paying contributions (or, if more than one pays contributions, all of them) guarantees the liability of the body to pay all amounts due from it under these Regulations or the Benefits Regulations.
(5) In paragraph (2)(c) "local authorities" and (f) "local authority" includes the Greater London Authority.
(6) For the purpose of determining whether a company is subject to the influence of a body as mentioned in paragraph (2)(g), section 69 of the Local Government and Housing Act 1989 shall have effect as if references in that section to a local authority were references to the body.
6 Employees of non-Scheme employers: transferee admission bodies
(1) Subject to the requirements of this regulation and regulation 7, an administering authority may make an admission agreement with any transferee admission body.
(2) A transferee admission body is a body, other than a community admission body, that is providing or will provide
(a) a service or assets in connection with the exercise of a function of a Scheme employer as a result of
(i) the transfer of the service or assets by means of a contract or other arrangement,
(ii) a direction made under section 15 of the Local Government Act 1999, or
(iii) directions made under section 497A of the Education Act 1996,
("a (2)(a) transferee admission body"); or
(b) a public service and is approved by the Secretary of State for the purposes of admission to the Scheme ("a (2)(b) transferee admission body").
(3) In the case of an admission agreement with a (2)(a) transferee admission body, the Scheme employer, if it is not also the administering authority, must be a party to the admission agreement.
(4) An approval under paragraph (2)(b) may be subject to such conditions as the Secretary of State thinks fit and she may withdraw an approval at any time if such conditions are not met.
(5) An admission agreement with a transferee admission body shall require the Scheme employer, in the case of a (2)(a) transferee admission body, or the transferee admission body, in any other case, to carry out an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of the service or assets by reason of the insolvency, winding up or liquidation of the transferee admission body.
(6) An assessment carried out by a (2)(b) transferee admission body shall be carried out to the satisfaction of the administering authority.
(7) The admission agreement shall further provide that, where the level of risk identified by the assessment is such as to require it, the transferee admission body shall enter into an indemnity or bond to meet the level of risk identified.
(8) The indemnity or bond must be with¾
(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits or to effect and carry out contracts of general insurance;
(b) an EEA firm of the kind mentioned in paragraph (5)(b) and (d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits or to effect and carry out contracts of general insurance; or
(c) a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.
(9) An admission agreement with a transferee admission body shall make provision for the relevant matters set out in Schedule 3.
(10) This paragraph applies where a transferee admission body undertakes to meet the relevant requirements of this regulation and
(a) in the case of a (2)(a) transferee admission body, the Scheme employer undertakes to meet the relevant requirements of this regulation; or
(b) in the case of a (2)(b) transferee admission body
(i) the Secretary of State approves the body for admission to the Scheme, and
(ii) the conditions, if any, to which the approval is subject have been met.
(11) Where paragraph (11) applies
(a) an administering authority must admit to the Scheme the eligible employees of the transferee admission body designated by that body; and
(b) where the administering authority does so, the terms on which it does so are the admission agreement for the purposes of these Regulations.
(12) Only those employees of the transferee admission body who are employed in connection with the provision of a service or assets mentioned in paragraph (2) are eligible to be designated, under regulation 7(1), members of the Scheme.
7 Admission agreements - further provisions
(1) A person employed by a community admission body or an eligible person employed by a transferee admission body may only be a member if he, or a class of employees to which he belongs, is designated in the admission agreement by the body as being eligible for membership of the Scheme.
(2) An admission agreement must terminate if the admission body ceases to be such a body and may make such other provision about its termination as the parties consider appropriate.
(3) When an administering authority makes an admission agreement it must promptly inform the Secretary of State of
(a) the date the agreement takes effect;
(b) the admission body's name; and
(c) in the case of an agreement with a (2)(a) transferee admission body, the name of the relevant Scheme employer.
(4) An administering authority and an admission body may make an admission agreement despite the fact that they do not exercise their functions or provide services or assets in areas that overlap or adjoin each other.
(5) Any question which may arise between the parties to an admission agreement relating to the construction of the agreement or the rights and obligations under that agreement shall be referred in writing to the Secretary of State for determination.
(6) These Regulations and the Benefits Regulations apply to employment with an admission body in which the employee is an active member in the same way as if the admission body were a Scheme employer.
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