(1) Except as provided in section 31-31-803, any member hired before, on, or after April 7, 1978, is eligible for the benefits provided by this part 8, with the exception of the following: (a) Any member whose employer covers them under the federal "Social Security Act" shall be exempt from the provisions of this part 8 except the provisions of section 31-31-202; (b) Members whose employer had established an exempt defined benefit pension plan in accordance with part 8 of article 30.5 of this title, on January 1, 1980, unless an employer irrevocably elects not later than October 1, 1983, to be subject to the provisions of this part 8; (c) Members whose employer had established a money purchase plan on or before December 1, 1978, in accordance with the provisions of part 8 of article 30.5 of this title 31; and (d) Any member whose employer has affiliated with the public employees' retirement association for the purpose of administering retirement benefits for its members. (2) (a) Departments participating in a plan established pursuant to part 4, 5, or 11 of this article 31 or article 31.5 of this article 31 or article 31.5 of this title 31 and not participating in the plan for disability and survivor benefits under this part 8 may be covered by the provisions of this part 8 in accordance with the terms, conditions, and procedures established by the board. (b) No withdrawal from coverage under the disability and survivor benefits provisions of this part 8 will be permitted to take effect after December 31, 2001. (c) to (e) (Deleted by amendment, L. 2020.) (f) Once an employer has withdrawn under this subsection (2), reentry into the disability and survivor benefit plan provided by this part 8 shall be permitted only once, in accordance with terms, conditions, and procedures established by the board. (3) If an employer that is otherwise required to enroll its members under the plan fails to properly enroll such members, neither the fire and police pension association nor the death and disability trust fund is obligated or liable for any purpose to any person or employer arising from such failure.
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