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UK Living Pension 

Employer Accreditation Form and Licence Agreement



The Living Pension Employer Mark is awarded by entering into this Accreditation Form and Licence Agreement between you and the Living Wage Foundation. In order to be granted Living Pension accreditation, you must meet the requirements set out in this Agreement and the Living Pension Standards

When you join our network and become a Living Pension licensee:

  1. You will receive a copy of the Living Pension Employer logo, along with brand guidelines.
  2. You will be listed on our website and our interactive Employer Map as a Living Pension employer.
  3. You will be sent a Living Pension plaque and merchandise to celebrate your accreditation.
  4. You will be invited to take part in Living Wage Week and will be kept up to date with our regular newsletter.

Please read the terms of this agreement carefully before you sign it and please

  • Specify the Implementation Date in Clause 1; and
  • Complete the relevant sections on page 2 and Schedules 5, 6 and 7 below.

Agreement between:

1. Centre for Civil Society Limited registered company in England (Company Number: 07333734) whose registered office is at Jacquard Point, 1 and 3 Tapestry Way, London, E1 2FJ
(“Licensor”)

2. Company:
("Licensee")
System fields














Centre for Civil Society Limited is a wholly owned subsidiary of Citizens UK Charity (a charity registered in England) which is responsible for the Programme under which employers can apply for Living Pension Employer Accreditation to indicate that the company has adopted an equitable pension policy in relation to its staff in accordance with the minimum standards set out in this Agreement and the Living Pension Standards.


 1. Interpretation 

  1. ___________________________________________________________________ 

  1. 1.1 “the Agreement Date”  
     
    the date of this Agreement; 

  2. ___________________________________________________________________ 

  1. 1.2 “Branding Guidelines” 


  3. the Licensor’s branding guidelines in relation to the Trade Mark and/or the Programme as amended from time to time; 
  4. ___________________________________________________________________ 

  1. 1.3 “Employee” 
     
    all current and future employees of the Licensee excluding apprentices;  

  2. ___________________________________________________________________ 

  1. 1.4 “Fees” 
     
    the applicable initial and annual fees payable by the Licensee according to the fee structure in

  2. Schedule 2; 

  3. ___________________________________________________________________ 



___________________________________________________________________ 

  1. 1.6 “Living Pension Standards” 
     
    the requirements relating to the Living Pension as set by the Living Wage Foundation or any successor body from time to time; 

  2. ___________________________________________________________________ 

  1. 1.7 “Living Pension Employer” 


  3. an employer that has entered into and continues to be subject to the terms of a Living Pension Employer Accreditation Form and Licence Agreement; 
  4. ___________________________________________________________________ 

  1. 1.8 “Living Pension Guidance” 


  3. guidance relating to the Living Pension as published by the Living Wage Foundation or any successor body from time to time; 
  4. ___________________________________________________________________ 

  1. 1.9 "Living Wage Employer Accreditation Licence Agreement" 


  3. means an Employer Accreditation Licence Agreement in relation to either the UK Real Living Wage programme or the London Real Living Wage programme run by the Licensor; 
  4. ___________________________________________________________________

  1. 1.10 “Programme” 


  3. the Living Pension employer accreditation programme run by the Licensor as outlined in this Agreement; 
  4. ___________________________________________________________________

  1. 1.11 “Trade Mark” 


  3. the trade mark set out in Schedule 1 and any marks which incorporate or are confusingly similar to it; and 
  4. ___________________________________________________________________ 

  1. 1.12 “Term” 


  3. the term commencing on the Agreement Date and continuing until this Agreement is terminated under clause 7. 

  1. ___________________________________________________________________ 
2. Living Pension Condition 

2.1 This Agreement is conditional on the Licensee being party to a Living Wage Employer Accreditation Licence Agreement which remains in force. This Agreement should be read in conjunction with the Living Pension Standards and the Living Pension Guidance, although the Living Pension Guidance is not contractually binding and does not form part of this Agreement. 
  1. ___________________________________________________________________ 
3. Licence

3.1 In consideration of the payment of the Fees and the Licensee complying with its obligations under this Agreement, the Licensor provides the Licensee with a non-exclusive, non-transferable license to use the Trade Mark on and after the Implementation Date for the remainder of the Term to promote its adherence to the Programme. 
  1. ___________________________________________________________________ 
3.2 The Licensee agrees and acknowledges that all intellectual property rights in the Trade Mark and/or in any mark or phrase produced in furtherance of the terms of this Agreement belong to the Licensor. 
  1. ___________________________________________________________________ 
3.3 The Licensee shall not use any other trade marks confusingly similar to the Trade Mark and shall not use the Trade Mark as part of its publicity and/or corporate trading name except as authorised under this Agreement. 
  1. ___________________________________________________________________ 
3.4 The Licensee shall comply strictly with any Branding Guidelines and all other reasonable directions of the Licensor regarding the form and manner and application of the Trade Mark.  
  1. ___________________________________________________________________ 
  2. 3.5 The Licensee shall not do anything that brings the Licensor, the Programme or the Trade Mark into disrepute. 
  1. ___________________________________________________________________ 

3.6 The Licensor warrants that: 
3.6.1 it owns the rights in the Trade Mark, is free to enter into this Agreement and has the right to grant the Licensee the rights granted in it; and 

3.6.2 the Licensee’s use of the Trade Mark as contemplated under this Agreement will not infringe the rights of any third party. 
  1. ___________________________________________________________________ 
4. Fees 

  1. 4.1 The Licensee shall pay the Fees in accordance with Schedule 2 and this clause

    1. ___________________________________________________________________ 

  1. 4.2 The Fees shall be paid annually and will be payable within 28 days of receiving a VAT invoice from the Licensor. 

    1. ___________________________________________________________________ 

  1. 4.3 The Licensor reserves the right to increase the Fees from time to time and will give the Licensee reasonable notice of any such increase.

    1. ___________________________________________________________________ 

  1. 5. Licensee’s Obligations 


  1. 5.1 The Licensee shall meet the obligations contained in this clause 5, subject to any modifications set out in Schedule 4.

    1. ___________________________________________________________________ 

Employees in the United Kingdom  

  1. 5.2 From the Implementation Date, and subject to any amendments made to these conditions by the Licensor from time to time, in respect of which the Licensor shall provide the Licensee with reasonable notice, the Licensee shall for Employees based in the United Kingdom: 


  1. 5.2.1 ensure it meets the requirements specified in the Living Pension Standards and those set out in Schedule 3 to this Agreement in respect of all such Employees aged 18 or over; 


  1. 5.2.2 make such adjustments to its pension arrangements (including the contribution rates) as may be required to comply with changes made to the Living Pension Standards, within 6 months of the date on which any changes to those requirements are officially announced; and 


  1. 5.2.3 notify all affected Employees of the date from which any changes to the Living Pension Standards, will or may apply to them, within one month of the official announcement, unless the Employees have been previously notified about the relevant changes.

  1. ___________________________________________________________________ 

Contractors 


5.3 Where the parties from time to time agree in writing that certain third party contracted staff are in scope for the purposes of this Agreement (“In Scope Contracted Staff”), the Licensee shall ensure that any contract with the relevant third party imposes obligations on that third party to adopt and adhere to the measures set out in clauses 5.1 to 5.2 inclusive in respect of the work performed by the In Scope Contracted Staff for the Licensee.   

  1. ___________________________________________________________________ 

Sub-Contractors 


  1. 5.4 From the Implementation Date, the Licensee shall ensure, to the extent permitted by law, that any of its In Scope contractors which supply a sub-contracted employee who provides a service that falls within the parameters of clause 5.3, comply with  the conditions set out in clause 5.2 in relation to work done by such individuals for the Licensee, as if they were the Licensee’s Employees. 

    1. ___________________________________________________________________ 

Variation of the Living Pension Standards

 

  1. 5.5 The Living Pension Standards may be revised by the Living Wage Foundation from time to time. In particular, the rate or amount of the contributions required to be paid under the Living Pension Standards may be increased from time to time (for example, to reflect increases in the Real Living Wage). The Licensee shall be given reasonable notice of any changes. 

  1. ___________________________________________________________________ 

6. Records and Compliance 


  1. 6.1 The Licensee undertakes to provide the Licensor on reasonable request all information necessary for the Licensor to confirm that the Licensee is complying with its obligations under this Agreement.  

    1. ___________________________________________________________________ 

  1. 6.2 If the Licensor is not satisfied with the information provided by the Licensee under clause 6.1 or has good reason to doubt whether the Licensee is complying with its obligations under this Agreement, the Licensor shall be entitled to: 


  1. 6.2.1 require that the Licensee provides reasonable evidence that the Licensee's obligations under clause 5.2 are enforceable under all contracts of employment of directly employed staff (other than an apprentice) and implemented by any contractor to which clauses 5.3 and 5.4 apply; 


  1. 6.2.2 contact and meet with any trade unions representing the Licensee’s or its contractor’s employees in order to establish that the Licensee and/or its contractors have complied with the obligations under this Agreement; and 


  1. 6.2.3 contact and meet with the Licensee’s employees and/or contractors in order to establish that the Licensee and/or its contractors have complied with the obligations under this Agreement. 

___________________________________________________________________ 

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  1. 7. Termination 


  1. 7.1 Either party may terminate this Agreement upon written notice effective immediately if the other party has committed a material breach of this Agreement and, where such a breach is capable of remedy, where the other has failed to remedy such breach within 28 working days of receiving notice specifying the breach.

    1. ___________________________________________________________________ 

  1. 7.2 The Licensor may terminate this Agreement upon written notice effective immediately if:   


  1. 7.2.1 the Licensee ceases to or threatens to cease to comply with its obligations under clause 5 or such other terms as the Licensor may reasonably stipulate from time to time as applying to all licensees of the Living Pension employer Trade Mark; 


  1. 7.2.2 the Licensor and/or the trustees of the Licensor in their sole discretion consider that any action taken by the Licensee brings or may bring the Licensor and/or any of its affiliates, members or group organisations, the Programme or the Trade Mark into disrepute;

  2.   

  1. 7.2.3 the Programme ceases or is withdrawn or modified; or 


  1. 7.2.4 the Licensee's Living Wage Employer Accreditation Licence Agreement is terminated for any reason. 

  1. ___________________________________________________________________ 

  1. 7.3 Either party may terminate this Agreement without cause at any time upon 3 months' written notice.

    1. ___________________________________________________________________ 


8. Consequences of Termination 


8.1 On termination of this Agreement under clause 7.3 or by the Licensee under clause 7.1, the Licensee shall: 


  1. 8.1.1 within one month cease to use the Trade Mark on any materials in electronic form including on any websites; 


  1. 8.1.2 within six months of the termination date cease all other use of the Trade Mark including on printed materials and at the request of the Licensor either return or destroy all the materials bearing the Trade Mark; and 


  1. 8.1.3 immediately cease to print or produce any materials bearing the Trade Mark. 

  1. ___________________________________________________________________ 

  1. 8.2 The Licensor shall refund the annual fee pro-rata in respect of the period of time remaining in any year in respect of which the annual fee due under Schedule 2 has been paid by the Licensee (or is due to be paid) and in which the Licensee is no longer entitled to use the Trade Mark. 

    1. ___________________________________________________________________ 

  1. 8.3 On termination of this Agreement by the Licensor under clause 7.1 or 7.2, the Licensee shall: 


  1. 8.3.1 within one month, cease to use the Trade Mark; and 


  1. 8.3.2 at the request of the Licensee, either return or destroy all materials bearing the Trade Mark.

  1. ___________________________________________________________________


9.   Data Protection


9.1    The Licensor confirms that it does not intend that either party will be required to process personal data in order to comply with its obligations under this Agreement. In the event that either party reasonably believes that such processing would be required, the parties will, without unreasonable delay, seek to agree an alternative approach to meeting the Licensee’s obligations under this Agreement.

  1. ___________________________________________________________________ 


10 .  Assigning and Sub-Licensing


The Licensee shall not assign, charge, licence, sub-licence or otherwise part with possession of the benefit or burden of this Agreement without the prior written consent of the Licensor.

  1. ___________________________________________________________________ 


11.  Non-Waiver


No failure or delay on the part of either party to exercise any right or remedy under this Agreement shall be a waiver of such right or remedy.

  1. ___________________________________________________________________ 


12. Variation 


This Agreement may only be amended in writing signed by authorised representatives of the Licensor and Licensee.

  1. ___________________________________________________________________ 


13.  Entire Agreement  


This Agreement represents the entire agreement between the parties concerning the subject matter of this Agreement, and supersedes all prior agreements, arrangements, negotiations and/or understandings between the parties. 

  1. ___________________________________________________________________ 


14. Counterparts 


This Agreement may be executed in any number of counterparts and by each party on separate counterparts, each of which when executed shall be an original, but all the counterparts together constitute one instrument.

  1. ___________________________________________________________________ 


15.  Jurisdiction


The validity, construction and performance of this Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

___________________________________________________________________ 

Page 2

UK Living Pension Employer 

Accreditation Licence



Schedule 1 

Trademark 

Living Pension Employer




Schedule 2

Organisation type

Size of organisation*

Initial fee

Annual fee

Private Sector

≥ 501 

£3000 

£600 

250 ≤ 500 

£1000 

£200 

11 ≤ 250 

£300 

£60 

≤ 10 

£120 

£60 

 

 

 

 

Charities and Public Sector

≥ 251 

£1000 

£200 

11 ≤ 250 

£300 

£60 

≤ 10 

£120 

£60 


      * This refers to the number of Employees based in the United Kingdom. All fees stated above are exclusive of VAT. 

 

We will provide an invoice for the relevant charge +VAT upon receipt of your licence agreement.  




Page 3

Schedule 3


  1. 1. For the purposes of this Schedule, the terms below shall have the following meaning: 

 

  1. 1.1 ‘Automatic Re-enrolment Date'  

 

means an automatic re-enrolment date chosen by the Licensee in accordance with Regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010; 

___________________________________________________________________ 

 

  1. 1.2 ‘Default Employer Contribution' 

 

means the rate of the default employer contribution that is payable under the Scheme in the absence of an Employee selecting an alternative contribution rate that is available under the Scheme; and 

___________________________________________________________________ 

 

  1. 1.3 ‘Default Total Contribution'  

 

means the rate of the default total contribution that is payable under the Scheme in the absence of an Employee selecting an alternative contribution rate that is available under the Scheme. 

___________________________________________________________________ 

 

  1. 1.4 'Qualifying Workplace Pension Scheme' 

 

means a workplace pension scheme which is a qualifying pension scheme for the purposes of section 16 of the Pensions Act 2008. 

___________________________________________________________________ 


1.5 ‘Automatic Enrolment (AE) test scheme’  means the AE test scheme for Defined Benefit (DB) schemes as set out by the Government. 

___________________________________________________________________ 

 

Living Pension Requirements 

 

  1. 2. Subject to Schedule 4, with effect on and from the Implementation Date, every individual who becomes an Employee of the Licencee on or after that date and every Employee who is not an active member of a workplace pension scheme offered by the Licensee on that date will be entitled to join or, where eligible, be automatically enrolled into a Qualifying Workplace Pension Scheme that meets the Living Pension as laid out in the Living Pension Standards. This can be a Defined Contribution (DC) or Defined Benefit (DB) Scheme, provided the contributions (DC) or benefits (DB) meet the criteria below the Living Pension Standards.  


  3.  

    Defined Contribution Pension Schemes

  1. 3. Subject to Schedule 4, with effect on and from the Implementation Date, every individual who becomes an Employee of the Licensee on or after that date and every Employee who is not an active member of a workplace pension scheme offered by the Licensee on that date will be entitled to join or, where eligible, be automatically enrolled into a Qualifying Workplace Pension Scheme under which the amount or rate of the Default Employer Contribution and the Default Total Contribution is equal to or greater than the amounts or rates specified in the Living Pension Standards. 
        

    4. Subject to Schedule 4, with effect on and from the Implementation Date, all active members of a workplace pension scheme offered by the Licensee will be eligible to select an employer and total contribution rate under that scheme which is equal to or greater than the amounts or rates specified in the Living Pension Standards. 

     

    5. Subject to Schedule 4, at the Licensee's next Automatic Re-enrolment Date (and any subsequent Automatic Re-enrolment Date) after the Implementation Date, the Licensee will re-enrol all Employees who are eligible to be automatically re-enrolled at the relevant time into a workplace pension scheme under which the amount or rate of the Default Employer Contribution and the Default Total Contribution is equal to or greater than the amounts or rates specified in the Living Pension Standards. 

    6. For the avoidance of doubt, where paragraphs 2 to 4 of this Schedule apply anyone who is an active member of the Licensee's pension scheme may be given the option under that scheme to select a contribution rate that is higher or lower than the contribution rates specified in the Living Pension Standards. 


Defined Contribution Pension Schemes 

7. With effect on and from the Implementation Date, every Employee and every individual who becomes an Employee of the Licensee on or after that date will be entitled to join or, where eligible, be automatically enrolled into an Automatic Enrolment certified DB Scheme (i.e. meeting or exceeding the Test Scheme standard, certified by an actuary as part of the normal automatic enrolment certification process) and which meets the criteria specified in the Living Pension Standards.

Schedule 4 - Milestones 

This Schedule applies where a Licensee has agreed with the Living Wage Foundation that it will undertake a phased implementation of the Living Pension Standards. Where that is the case, the Licensee's obligations under clause 5 and Schedule 3 to this Agreement are modified to the extent set out below.



The Licensee can continue to calculate employer and employee pension contributions using "Qualifying Earnings" for up to three years.
Milestone Type Target Date Final Delivery Date
Directly Employed Milestones


Supplier Name Service Provided No. of workers your organisation engages through this contract Target Date Final Delivery Date
Milestones

It is important for us to be able to measure the impact of the Living Pension.  


Each November we work with academic partners to release figures that highlight how many employees have benefited from the Living Pension and how much money has been put into the pockets of low paid workers. This section of the licence helps us gather this data. This information will always be anonymised.
Prior to introducing the Living Pension, at what level did you enrol directly employed staff members into your workplace pension?


Since implementing the Living Pension, at what level do you enrol directly employed staff members into your workplace pension?









Page 4

Schedule 6
Contact details
Please provide details of the primary contact for Living Pension in your organisation. We will send this person confirmation of your accreditation and important updates. We will not share your details with anybody else. Please note that updating existing contact details here will update the primary contact for your whole organisation.

Address

Head of your organisation

Please provide contact details for the Head of your organisation here, if different from above. We will use this for communications from the Director of the Foundation and invitations to events.








Finance/Renewals

Please provide contact details for the person we should contact about the renewal of your accreditation in 12 months’ time, if different from above. Please note that updating existing contact details here will update the finance contact for your whole organisation. Please note we are only able to accept one Finance/Renewal contact.

Please sign the Licence below
Your company logo


Page 5

Checklist









Please return your completed Employer Accreditation Licence to your contact at the Living Wage Foundation. Completed Licence Agreements can be submitted by post or by email. You will receive notification when your Licence Agreement has been received. 

Contact Information