39. For paragraph (3) of regulation 50 (Refund of contributions) substitute—
“(3) If the member’s employment was contracted-out by reference to the scheme, the member (and the member’s spouse or civil partner, if any) will remain entitled to a guaranteed minimum pension and section 5(2B) rights under the scheme, unless the Department discharges its liability in respect of that entitlement by paying a contributions equivalent premium under section 51(2) of the 1993 Act.”.