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<section article="gsp" article_name="State Personnel and Pensions" number="30-307" title_number="30" title_name="Optional Retirement Program" subtitle_number="3" subtitle_name="Participation">
  <level label="a">
    <level label="1">
      <text>This subsection applies to an election to participate in the program made on or before June 30, 2017.</text>
    </level>
    <level label="2">
      <text>Except as otherwise provided in this section, an election to participate in the program is a waiver of all rights and benefits provided by the retirement or pension system in which the participating employee was a member on the effective date of the election.</text>
    </level>
    <level label="3">
      <text>For the purpose of determining eligibility for immediate vested rights or benefits in a retirement system or pension system, an eligible employee who is a member of that State system when the employee elects to participate in the program is deemed to have separated from employment on the effective date of the election.</text>
    </level>
    <level label="4">
      <text>The Board of Trustees may only compute retirement system or pension system benefits on the basis of years of creditable service as a member of that State system.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>This paragraph applies only to a participating employee whose last employer prior to joining the program was a participating employer that does not participate in the employer pick–up program as defined in § 414(h)(2) of the Internal Revenue Code.</text>
      </level>
      <level label="ii">
        <text>A participating employee may withdraw any accumulated contributions in the annuity savings fund on or after the effective date of the participating employee’s election to join the program.</text>
      </level>
      <level label="iii">
        <text>If a participating employee withdraws the accumulated contributions, the participating employee forfeits any right to a benefit in the State system from which the accumulated contributions were withdrawn.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A participating employee is ineligible for membership in a retirement system or pension system while the participating employee is employed in any eligible position by any employing institution.</text>
    </level>
    <level label="2">
      <text>A participating employee who is subsequently appointed, promoted, or transferred to another position that is eligible for membership in a State system but is not eligible for participation in the program shall participate in a State system with respect to that position as a condition of employment.</text>
    </level>
  </level>
</section>
