# The Local Government Reorganisation (Superannuation and Compensation) Regulations 1990, 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—
(a) 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
(b) that regulation applies in relation to a benefit paid or payable in respect of a person who—
(i) ceased before 1st April 1990 to hold an employment in respect of which he was a pensionable employee, or
(ii) died before that date while still in such an employment, and
(c) 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.

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Source: https://www.legislation.gov.uk/uksi/1990/521/regulation/5 (the official version)
Page: https://openlegislation.uk/local-government-reorganisation-superannuation-and-compensation-regulations-1990/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.