Additional costs arising from employing authority’s level of performance
38.—(1) This regulation applies where, in the opinion of the Committee, it has incurred additional costs which should be recovered from an employing authority because of that employing authority’s level of performance in carrying out its functions under the Scheme.
(2) The Committee may give written notice to the employing authority stating—
(a)the Committee’s reasons for forming the opinion mentioned in paragraph (1);
(b)the Committee’s opinion that the employing authority’s contribution under regulation 37(1)(d) should include an amount specified in the notice in respect of the additional costs attributable to that employing authority’s level of performance;
(c)the basis on which the specified amount is calculated; and
(d)where the Committee has prepared a pension administration strategy under regulation 61 (pension administration strategy), the provisions of the strategy which are relevant to the decision to give the notice and to the matters in sub-paragraph (a), (b) or (c).