(a)“Eligible employee” means:
(1)A person employed by the state, the university, a school employer, or a contracting agency who is a member of the system as defined pursuant to the provisions of Chapter 4 (commencing with Section 20370) of Part 3.
(2)A legislator, as defined pursuant to Section 9351.3, who is a member of the Legislators’ Retirement System.
(3)A judge, as defined in Sections 75002 and 75502, who is a member of the Judges’ Retirement System or the Judges’ Retirement System II.
(4)A person employed by an employer who contracts with the board for the Supplemental Contributions Program.
(b)The board shall determine when the members of the system who are employed by a school employer or a contracting agency shall become eligible employees.