(a)

1. (1) A member of the Arkansas Teacher Retirement System who was employed by a nonmandatory employer before July 1, 2011, may continue to participate in the system instead of an alternative program offered by the nonmandatory employer if the member continues providing consistent service to the nonmandatory employer.
2. (2) A nonmandatory employer shall be considered a postsecondary or higher education employer or PSHE employer if the nonmandatory employer enrolls a new eligible member with the system on or after July 1, 2011.
3. (3) If an eligible nonmandatory employer college elects to offer participation in the system to its employees, the nonmandatory employer shall report information regularly to the system, on forms approved by the system, as required or permitted by the law applicable to the system.

(b)

1. (1) A PSHE employer may elect to offer participation in the system to its employees by fulfilling the requirements of Arkansas Code § 24-7-1605.
2. (2) In addition to completing and submitting the standard reporting forms required by the system, a PSHE employer shall provide supplemental reports on any form required, approved, and adopted by the Board of Trustees of the Arkansas Teacher Retirement System.

(c)

1. (1) The participation of new employees hired by a PSHE employer after July 1, 2011, is governed by Arkansas Code § 24-7-1601 et seq.

2. (2) A new employee of a PSHE employer who is hired after July 1, 2011, may participate in a PSHE plan if:

   1. (A) The employee is benefits-eligible as determined by the PSHE employer;
   2. (B) The employee is either:

(i) A vested member of the system at the time of initial employment; or

1. (ii) A nonvested member of the system who meets the requirements of a less restrictive PSHE plan adopted by the specific PSHE employer; and

   1. (C) The employee signs an irrevocable PSHE plan participation form provided by the system.
2. (3) A PSHE plan employee shall remain a member of the system as long as he or she is employed by a PSHE employer.
3. (4) A PSHE plan employee's election to participate in the system is irrevocable unless the PSHE plan employee obtains a termination refund from the system after his or her election to participate.