The Local Government Superannuation (Valuation and Community Charge Tribunals) Regulations 1989

Right to opt out

5.  No provision of these Regulations shall apply to any person to whom at any time before 6th October 1989 any benefit (including a return of contributions and any pension payable to a widow or any dependant by virtue of a surrender) was being paid or became or might have become payable if–

(a) he is placed by that provision in a worse position than he would have been in if it had not applied in relation to that benefit, and

(b) that provision relates to a benefit paid or payable in respect of a person who–

(i) ceased before 6th October 1989 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 6th October 1989, elects that that provision shall not apply to him.