1. (a) The governing body of a department that performs emergency services may, in the manner provided for taking official action by the body, elect to participate in the pension system. A governing body shall notify the commissioner as soon as practicable of an election made under this section. An election made under this section is irrevocable except as provided by §862.001, Government Code.
2. (b) The effective date of a department's participation in the pension system must be the first day of a month but may pre-date the date of the election as determined by contract between the governing body and the pension system.
3. (c) A department may purchase prior service credit under §306.1 of this title under the terms of that section for service performed before the date of the election to participate in the pension system but is not liable for the payment of benefits because of any disability or death that occurred before that date.

Source Note:The provisions of this §304.1 adopted to be effective October 2, 2005, 30 TexReg 6061.