(a) A person who is employed by an education-related agency or organization is eligible to become a member of the Arkansas Teacher Retirement System if:

1. (1) The following applies to the person:

   1. (A) The person is employed in a position with an education-related agency or organization;
   2. (B) The person's employment is related to:

(i) Training public school employees or school board members;

1. (ii) Teaching public school students; or

   1. (iii) Adult education programs;
   2. (C) The person's employment is unrelated to private schools;
   3. (D) The person is or has been a member of the system for a minimum of five (5) years; and
   4. (E) The person elects to become or remain a member of the system;

2. (2) The Board of Trustees of the Arkansas Teacher Retirement System determines that the participation of the employees employed by the education-related agency or organization will not impair the system's legal status, including:

   1. (A) The system's tax-qualified and governmental plan status under the Internal Revenue Code, 26 U.S.C. § 1 et seq.;
   2. (B) The system's governmental plan status under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.;
   3. (C) Subject the system to additional federal requirements; and
   4. (D) Have a substantial adverse impact on the system's actuarial soundness; and

3. (3) The education-related agency or organization:

   1. (A) Elects to participate in the system;
   2. (B) Assumes responsibility for employer contributions;
   3. (C) Assumes responsibility for fees for obtaining Internal Revenue Service rulings or Employee Retirement Income Security Act of 1974 opinions; and
   4. (D) Is approved as a covered employer by the Board of Trustees of the Arkansas Teacher Retirement System.

(b) An education-related agency or organization shall:

1. (1) Become a covered employer at the time that an employee elects to become or remain a member of the system; and
2. (2) Be considered a covered employer only for each employee who elects to become or remain a member of the system.