400. Special cases.

The general protection principle provisions1 are modified in relation to:

  1.  

    (1)     hybrid benefits, that is where a scheme2 provides for the rate of a pension for the earner3, or the earner's widow, widower or surviving civil partner, to be the greater of: (a) a rate that is calculated by reference to the earner's earnings4; and (b) a rate that is not so calculated