Regulation 17 Right to opt out

(1)

Where—

(a)

apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be, and

(b)

that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with 1st April 2005,

then the principal Regulations shall have effect in relation to him as if those amendments had never been made.

(2)

For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who—

(a)

ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or

(b)

dies while in such employment,

before 1st April 2005.