Regulation 48 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 that 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 October 2006,

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 any 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—

(i)

1st April 2006, in respect of amendments made by Parts 2 and 5; and

(ii)

6th April 2006, in respect of amendments made by Part 3.