Sec. 22.05.05.03. Automatic Waiver of 1-Year Requirement

A. The Agency shall grant an automatic waiver of the 1-year filing requirement if:

(1) The member submits a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency, within 1 year of becoming a member of the new system;

(2) The required deposit of member contributions plus interest, in accordance with Regulation .02B of this chapter, does not occur within 1 year; and

(3) The delay in the deposit of member contributions is attributable solely to the failure of the member's previous employer to transfer the member contributions.

B. The Agency may not apply the transferred service credit to the member's account until the required deposit of member contributions plus interest is made, in accordance with Regulation .02B of this chapter.