Ability of judge, family support magistrate or administrative law judge to make one-time irrevocable election re eligibility for certain retirement benefits

On or before July 1, 2013, a judge, a family support magistrate or an administrative law judge who is in service as a judge, a family support magistrate or an administrative law judge on June 15, 2012, may make a one-time irrevocable election to begin paying the actuarial pension cost of maintaining the normal retirement eligibility existing in the retirement plan such judge, family support magistrate or administrative law judge is participating in on June 15, 2012, but the eligibility requirements of which are scheduled to change effective July 1, 2022. The cost of making such an election shall be established by the plan's actuaries and such cost shall be communicated to judges, family support magistrates and administrative law judges by the Retirement Division of the Office of the Comptroller. The irrevocable election shall be made on a form prescribed by the State Employees Retirement Commission and shall indicate the judge's, family support magistrate's or administrative law judge's election to participate or not participate. In the event a judge, a family support magistrate or an administrative law judge fails to make an election on or before July 1, 2013, he or she shall not be eligible to participate. In the event a judge, a family support magistrate or an administrative law judge makes a successful claim to the State Employees Retirement Commission of agency error, such judge, family support magistrate or administrative law judge shall make payments in accordance with the state's usual practice.