The Local Government Superannuation (Scotland) Amendment Regulations 1990

Right to opt out

42.—(1) No provision of these Regulations shall apply to any person to whom, at any time before the date of coming into force of these Regulations, 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 payable, or to any person to whom any such benefit is being paid, or may become payable if–

(a) he is placed by that provision in a worse position than he would have been 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 the said date of coming into force 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 person, by notice in writing given to the appropriate administering authority within 3 months after the said date of coming into force, elects that that provision shall not apply to him.

(2) The provisions of Part N of the principal Regulations (decisions and appeals) shall apply in relation to rights and liabilities arising by virtue of these Regulations as they apply in relation to other rights and liabilities under the principal Regulations.