(a) An employer may become a participating employer in the employee benefits program under AS 39.30.150 — 39.30.180, if
- (1) the employer participates as an employer in the public employees' retirement system under AS 39.35; and
(2) the employer
- (A) is eligible for membership in but has never elected to become a member of the federal social security system; or
- (B) withdraws from membership in the federal social security system.