If a consolidated employer is a newly created legal entity and does not immediately join the public employees’ retirement system pursuant to RCW 41.40.062:

(1) All existing employees of the consolidated employer who are active members of a first-class city retirement system or the public employees’ retirement system immediately prior to the consolidation shall cease to be members of these systems. However, any such active members may, by a writing filed with the consolidated employer within thirty days after the consolidation or within thirty days after March 15, 1984, whichever is later, irrevocably elect instead to continue as members of the retirement system to which they belonged at the time of the consolidation for all periods of employment with the consolidated employer.

(2) If the consolidated employer later joins the public employees’ retirement system, all existing employees still employed on that date shall, effective from that date, have the same retirement system rights and options, subject to the same conditions as employees governed by RCW 41.04.410, notwithstanding any previous election under subsection (1) of this section.

(3) No new employees of the consolidated employer may become members of an employer-sponsored retirement system until such time as the employer joins the public employees’ retirement system pursuant to RCW 41.40.062.

Severability—1984 c 184: See note following RCW 41.50.150.