(1) A governor or legislator is eligible for service credit in this plan during their term of service in their elected position if the governor or legislator:
(a) entered office before July 1, 2011; or
(b) accrued service credit in a Tier I system or plan administered by the board before July 1, 2011.
(2) A governor or legislator initially entering office on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board:
(a) may not participate in this system;
(b) is only eligible to participate in the Tier II Defined Contribution Plan established under Chapter 22, Part 4, Tier II Defined Contribution Plan; and
(c) is not eligible to participate in the Tier II hybrid retirement system established under Chapter 22, Part 3, Tier II Hybrid Retirement System.