Regulation 49 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 that in which he or she 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 the date which these Regulations come into force;

then the principal Regulations shall have effect in relation to him or her 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 or she was a member (whether or not he or she had subsequently recommenced any such employment); or

(b)

died while in such employment,

before the date on which these Regulations come into force.