OPTIONAL MEMBERSHIP

(a) In this section, "qualified employee" means a person who: (1) has at least three years of service credit in the retirement system in the legislative branch that was accrued before June 18, 1993; (2) was employed by an institution of higher education, as defined by Section 61.003, Education Code, before December 31, 1998, and elected to participate in the optional retirement program under Chapter 830; and (3) is actively participating in the optional retirement program. (b) A qualified employee may make a one-time, irrevocable election in a manner provided by the retirement system to renew active participation in the system and cease participation in the optional retirement program. (c) An employee who makes an election under this section is not eligible to establish service credit in the retirement system for service performed while participating in the optional retirement program. (d) This section is contingent upon the receipt of a favorable Internal Revenue Service ruling addressing all tax issues. (e) An election authorized by this section must be made within 90 days of the Internal Revenue Service ruling.