Huh, first image isn't showing correctly for me (incorrect database link, file name / dimensions / thumbnail show correctly, full size image is same as second image).
Well, it should be if you move everything from layer 3 to 2, and delete layer 3, it should Just Work(TM). Have you tried that?
Special layers are weird, layers at all really, because they are, I think, intrinsic. You can rename and to some extent rearrange layers, but they will always have some intrinsic, internal identity and semantics. I think the semantics used to be more rigidly fixed back in the day (PCAD or earlier?) and have gradually gotten more flexible, but it's not like it's fully general with an array of layers where any one layer can be configured to do anything. Even in newer versions where they've expanded the possible number of layers, I think.
Tim