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The National Health Service (Superannuation) Amendment Regulations 1989

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Option to persons detrimentally affected by these Regulations

36.—(1) This regulation applies in relation to any pension which is being paid or may become payable under the principal Regulations to or in respect of a person who, having served in an employment or office service in which qualifies persons to participate in the benefits provided under the principal Regulations, has ceased to serve therein or died before these Regulations come into force.

(2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than he would have been if the provision had not applied, that person may elect that the provision shall not so apply by giving notice in accordance with paragraph (3).

(3) A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within 6 months of the coming into force of these Regulations.

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