(1) Teacher's aides employed in an instructional services capacity after September 1, 1989, are required to participate in the teachers' retirement system provided their predominate duties are those of a teacher's aide and not a substitute teacher or any other position for which membership is mandatory under 19-20-302 , MCA and that they are:
(a) employed for 3.5 hours per day or 17.5 hours per week and;
(b) employed at least 210 hours during the school year.
(2) Teacher's aides employed prior to September 1, 1989, who remained in the public employee's retirement system are not eligible to participate in the teachers' retirement system while employed as a teacher's aide with the same employer.
(3) A teacher's aide will be considered in an instructional services capacity if they are assisting a certified teacher in the education and instruction of students in the regular curriculum of the institution.
(4) Part-time, post graduate instructors in the university system are not eligible for membership.
(5) A part-time employee, who has not been re-employed under 19-20-804 , MCA will be considered an active member after completing the equivalent of 30 full-time days of membership service.