Regulation 5 Right to opt out
Regulation 2 above shall not apply to any person to whom at any time before 1st April 1990 any benefit (including a return of contributions and any pension payable to a widow or any dependent by virtue of a surrender) was being paid or became or might have become payable if—
he is placed by that regulation in a worse position than he would have been in if it had not applied in relation to that benefit, and
that regulation applies in relation to a benefit paid or payable in respect of a person who—
ceased before 1st April 1990 to hold an employment in respect of which he was a pensionable employee, or
died before that date while still in such an employment, and
the first-mentioned person, by notice in writing given to the appropriate administering authority within 3 months after 1st April 1990, elects that regulation 2 shall not apply to him.