Election in respect of protected benefit
33.—(1) This regulation applies to a person—
(a)to whom a protected benefit is being paid or may become payable, and
(b)who is placed in a worse position than he would have been in if a provision made by these Regulations (“the relevant provision”) had not applied in relation to the protected benefit.
(2) A protected benefit is one which is being paid or may become payable under the Teachers' Pensions Regulations 1997 to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 31st March 2004.
(3) A person to whom this regulation applies may, by giving written notice to the Secretary of State before 31st July 2004, elect that the relevant provision shall not apply in relation to the protected benefit.
(4) If the election under paragraph (3) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment—
(a)the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue—
(i)of periods of reckonable service before the cessation referred to in paragraph (2) (or, if there had been more than one cessation, the last of them before 31st March 2004), or
(ii)of contributions paid in respect of such periods of reckonable service, and
(b)in determining entitlement to, or the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2) (but without prejudice to the application of this paragraph),
and the Teachers' Pensions Regulations 1997 shall apply accordingly.
(5) In paragraph (2) “qualifying employment” means pensionable employment or excluded employment within the meaning of the Teachers' Pensions Regulations 1997.