SCHEDULE 10N.I.TRANSITIONAL AND OTHER MATTERS

2.—(1) Where—N.I.

(a)a provision of this Scheme (“the new provision”) re-enacts a 1973 provision with any modification; and

(b)a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the 1973 provision had continued to have effect,

he may, by giving written notice on or before 15th April 2007 to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the 1973 provision without modification.

(2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before 1st April 2006 ceased to be a member of the fire and rescue service or died.