(1) The provision made by regulation 2 above shall not apply for the purpose of calculating any benefit which has become payable before 1st December 1994.
(2) This paragraph applies to a person—
(a) to whom a protected benefit may become payable, and
(b) who is placed in a worse position than he would have been in if the provision made by regulation 2 above had not applied in relation to the protected benefit.
(3) A protected benefit is one which may become payable under the principal Regulations, to or in respect of a person who was employed in pensionable employment but ceased to be so employed before 1st December 1994.
(4) A person to whom paragraph (2) above applies may, by giving written notice to the Secretary of State before 1st March 1995, elect that the provision of regulation 2 above shall not apply in relation to the protected benefit.