Mont. Code Ann. § 19-9-1203 — MT Code / Title 19 / Chapter 9 / Part 12 / Section 19-9-1203
19-9-1203 Deferred retirement option plan established -- compliance with federal law -- rulemaking
Status: in_force

19-9-1203 . Deferred retirement option plan established -- compliance with federal law -- rulemaking. (1) The board shall establish a DROP for eligible members of the retirement system who elect to participate.

(2) The board shall administer the DROP in compliance with the Internal Revenue Code and the applicable rules, regulations, and determinations of the internal revenue service.

(3) The board may adopt rules to administer this part.
Mont. Code Ann. § 19-2-708 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-708
19-2-708 Rollover of contributions
Status: in_force

19-2-708 . Rollover of contributions. (1) A member who elects to and is eligible to purchase service credit from another retirement system or plan into a retirement system provided for in 19-2-302 may, prior to retirement, file a written application with the board to roll over, in accordance with the requirements of this part, to the retirement system to which the member belongs all or a portion of the member's account with the other eligible retirement system or plan. The total amount of the rollover to the retirement system may not exceed the amount of service credit that the member is allowed to purchase as a member of that system. The rollover must be completed prior to the member's retirement.

(2) The board shall accept a direct rollover of eligible distributions from another eligible retirement plan as provided in subsection (1) only to the extent permitted by section 401(a)(31) of the Internal Revenue Code.
Mont. Code Ann. § 19-2-1004 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1004
19-2-1004 Exemption from taxes and legal process
Status: in_force

19-2-1004 . Exemption from taxes and legal process. (1) Except as provided in 19-2-907 , 19-2-909 , and subsection (2) of this section, the right of a person to any benefit or payment from a retirement system or plan and the money in the system or plan's pension trust fund is not:

(a) subject to execution, garnishment, attachment, or any other process;

(b) subject to county or municipal taxes except for a refund of a member's regular contributions picked up by an employer after June 30, 1985, as provided in 19-3-315 , 19-5-402 , 19-6-402 , 19-7-403 , 19-8-502 , 19-9-710 , or 19-13-601 ; or

(c) assignable except as specifically provided in this chapter.

(2) The right of a person to any benefit or payment from a retirement system or plan and the money in the system's or plan's pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:

(a) a United States tax lien or levy for past-due taxes; and

(b) execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. 3613.
Mont. Code Ann. § 19-2-709 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-709
19-2-709 Transfer of service and contributions from other Montana public employee retirement systems
Status: in_force

19-2-709 . Transfer of service and contributions from other Montana public employee retirement systems. (1) A member eligible to transfer service credit, pursuant to 19-2-715 and 19-3-511 , into the system to which the member belongs shall complete the transfer prior to the member's retirement.

(2) The accumulated contributions to be transferred by the member may include both taxed contributions and tax-deferred contributions and interest. However, if less than all of the member's accumulated contributions on deposit in a pension trust fund are being transferred, the transfer of taxed and tax-deferred amounts must be made on a proportionate basis, with the remainder refunded to the member. The transferring agency shall at the time of the transfer identify the taxed and tax-deferred amounts being transferred to the board.
Mont. Code Ann. § 19-8-1001 — MT Code / Title 19 / Chapter 8 / Part 10 / Section 19-8-1001
19-8-1001 Benefits upon employment-related death
Status: in_force

19-8-1001 . Benefits upon employment-related death. If the board finds that a member died as a direct and proximate result of injury received in the course of the member's service, a monthly survivorship benefit must be paid to the member's designated beneficiary equal to 50% of the highest average compensation of the member. If the deceased member has completed more than 25 years of service credit, the survivorship benefit must equal 2.5% of the member's highest average compensation for each year of service credit.
Mont. Code Ann. § 19-2-1011 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1011
19-2-1011 Limitations on eligible rollover distributions
Status: in_force

19-2-1011 . Limitations on eligible rollover distributions. (1) An eligible rollover distribution may not include:

(a) any distribution that is one of a series of substantially equal periodic payments made at least annually for:

(i) the life or the life expectancy of the distributee;

(ii) the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary; or

(iii) a specified period of 10 years or more;

(b) any distribution to the extent the distribution is required under section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. 401(a)(9);

(c) the portion of any distribution that is not includable in gross income; or

(d) any other distribution that is reasonably expected to total less than $200 during the year.

(2) (a) Effective January 1, 2002, a portion of a distribution may not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includable in gross income. However, that portion may be transferred only to:

(i) an individual retirement account or annuity described in section 408(a) or (b) of the Internal Revenue Code, 26 U.S.C. 408(a) or (b);

(ii) a qualified defined contribution plan described in section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);

(iii) a qualified plan described in section 403(a) of the Internal Revenue Code, 26 U.S.C. 403(a);

(iv) on or after January 1, 2007, a qualified defined benefit plan described in section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a); or

(v) an annuity contract described in section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b).

(b) The plans described in subsections (2)(a)(ii), (2)(a)(iv), and (2)(a)(v) must separately account for amounts that are transferred and earnings on those amounts, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable.
Mont. Code Ann. § 19-18-102 — MT Code / Title 19 / Chapter 18 / Part 1 / Section 19-18-102
19-18-102 Formation of fire department relief association -- membership
Status: in_force

19-18-102 . Formation of fire department relief association -- membership. (1) The confirmed members of a fire department, as defined in 19-18-101 , may form a local association to be known as the fire department relief association of the city or town of .... (naming the city or town). When an association is formed, it shall be incorporated under the laws of this state. No one who is serving as a substitute, who is on probation, or who has not been confirmed as a member of the fire department is eligible for membership in the association.

(2) An association may only be formed and incorporated if:

(a) its formation is authorized by subsection (1); and

(b) the fire department has firefighting equipment in serviceable condition which has a value of $750 or more.
Mont. Code Ann. § 19-20-416 — MT Code / Title 19 / Chapter 20 / Part 4 / Section 19-20-416
19-20-416 Credit for legislative service required
Status: in_force

19-20-416 . Credit for legislative service required. (1) A legislator who did not elect to continue to participate in the system, as provided under 5-2-304 , and who subsequently participates as a member must be awarded creditable service for legislative service if the legislator contributes an amount equal to the member contributions that would have been made if the legislator had elected membership plus interest paid as follows:

(a) if a written application to purchase service was signed prior to July 1, 2012, at the rate that the contributions would have earned if they had been on deposit with the retirement system; or

(b) if a written application to purchase service is signed on or after July 1, 2012, at the actuarially assumed interest rate in effect on the date the written application is signed.

(2) The employer contribution must be made by the legislative branch in the amount that would have been contributed if the legislator had elected membership plus interest at the rate that the contributions would have earned if they had been on deposit with the retirement system.
Mont. Code Ann. § 19-5-701 — MT Code / Title 19 / Chapter 5 / Part 7 / Section 19-5-701
19-5-701 Optional forms of benefits -- designation of contingent annuitant
Status: in_force

19-5-701 . Optional forms of benefits -- designation of contingent annuitant. (1) The retirement benefit of a member or the survivorship benefit of a designated beneficiary who so elects must be converted, in lieu of all other benefits under this chapter, into an optional retirement benefit that is the actuarial equivalent of the original benefit. If the member does not elect an optional retirement benefit pursuant to subsection (2), the member's retirement benefit is known as an option 1 benefit.

(2) An optional retirement benefit under this subsection (2) is initially payable during the member's or designated beneficiary's lifetime, with a subsequent benefit, depending on the option selected, to a contingent annuitant as follows:

(a) option 2--a continuation of the optional retirement benefit after the death of the initial payee and payable during the lifetime of the named contingent annuitant. This option may be the chosen benefit only if the adjusted age difference between the member or designated beneficiary and the contingent annuitant, other than the member's or designated beneficiary's spouse, is 10 years or less. The adjusted age difference is either:

(i) the excess of the age of the member or designated beneficiary over the age of the nonspouse contingent annuitant based on their ages on their birthdays in a calendar year; or

(ii) if the member or designated beneficiary is under 70 years of age, the age difference determined in subsection (2)(a)(i) reduced by the number of years that the member or designated beneficiary is under 70 years of age on the member's or beneficiary's birthday in the calendar year that contains the benefit starting date.

(b) option 3--a continuation of one-half of the optional retirement benefit after the death of the initial payee and payable during the lifetime of the named contingent annuitant;

(c) option 4--a continuation of the optional retirement benefit to one or more contingent annuitants in the event of the initial payee's death before the end of a period certain, determined as follows:

(i) the period certain commences at the time that the initial payee first begins receiving the retirement benefit and is available as either:

(A) a 10-year period certain if the member retired at 75 years of age or younger; or

(B) a 20-year period certain if the member retired at 65 years of age or younger;

(ii) if there is more than one surviving contingent annuitant, each contingent annuitant must receive a proportion of the initial payee's benefit on a share-and-share-alike basis;

(iii) if all surviving contingent annuitants die prior to the end of the period certain and the last remaining contingent annuitant has failed to name a designated beneficiary, the remaining payments must be converted to an equivalent lump-sum amount and paid to the estate of the last surviving contingent annuitant.

(3) The member or designated beneficiary who elects an optional retirement benefit under subsection (2) shall file a written application with the board prior to the first payment of the benefit. A contingent annuitant must be identified on the application.

(4) If the member or designated beneficiary or the named contingent annuitant dies before the first payment has been made under option 2 or 3, the election of the option is automatically canceled.

(5) If the member dies after terminating service and within 30 days after the date that the member's written application electing or changing an election of an optional retirement benefit under subsection (2) is received by the board, the election is void.

(6) After the member or designated beneficiary has received and accepted an initial retirement benefit payment, the member may not change the selected option except as provided in subsection (7).

(7) A retired member receiving an optional retirement benefit pursuant to subsection (2)(a) or (2)(b) may file a written application with the board to have the member's optional retirement benefit revert to the regular retirement benefit available at the time of the member's retirement if:

(a) the original contingent annuitant has died, in which case the optional benefit must revert effective on the first day of the month following the contingent annuitant's death; or

(b) the member's marriage to the original contingent annuitant has been dissolved and the original contingent annuitant has not been granted the right to receive the optional retirement benefit as part of a family law order, as defined in 19-2-907 . The benefit must then revert effective on the first day of the month following receipt of the written application and verification that the family law order does not grant the optional benefit to the original contingent annuitant.

(8) A member who applies to revert under subsection (7) shall, at the time of the application, choose one of the following alternatives:

(a) revert to the member's original option 1 retirement benefit, increased by the amount of any adjustments received by the member since the effective date of the member's retirement;

(b) retain the same option 2 or option 3 originally selected but name a new contingent annuitant; or

(c) select a different option under subsection (2) and name a new contingent annuitant.

(9) If the member selects an alternative under subsection (8)(b) or (8)(c), the member's retirement benefit must be calculated based on the member's and the new contingent annuitant's ages at the time of this election.

(10) A written application pursuant to subsection (7) must be filed with the board within 18 months of the death of or dissolution of marriage to the contingent annuitant.
Mont. Code Ann. § 19-6-903 — MT Code / Title 19 / Chapter 6 / Part 9 / Section 19-6-903
19-6-903 Death payments in absence of survivors
Status: in_force

19-6-903 . Death payments in absence of survivors. If, after a member's death, a benefit is not paid pursuant to 19-6-505 , 19-6-601 , 19-6-901 , or 19-6-902 , then the member's designated beneficiary must be paid an amount equal to the member's accumulated contributions minus the total of any benefits already paid from the member's account.
Mont. Code Ann. § 19-2-401 — MT Code / Title 19 / Chapter 2 / Part 4 / Section 19-2-401
19-2-401 Location of board -- jurisdiction and venue for judicial review -- quorum -- officers and employees
Status: in_force

19-2-401 . Location of board -- jurisdiction and venue for judicial review -- quorum -- officers and employees. (1) The board shall maintain its office in the city of Helena. Jurisdiction and venue for judicial review of final administrative decisions of the board are in the judicial district in which the appealing party resides or, if the person resides outside the state, the first judicial district, Lewis and Clark County.

(2) A quorum of the board is four members.

(3) The board shall elect one of its members presiding officer. The board may appoint a committee of one or more of its members to perform routine acts, such as retirement of members and fixing of retirement benefits, approval of death claims, and correction of records necessary in the administration of the systems in accordance with the provisions of chapters 2, 3, 5 through 9, 13, 17, and 50 of this title and in accordance with the rules of the board. The attorney general is the legal counsel for the board.
Mont. Code Ann. § 19-9-905 — MT Code / Title 19 / Chapter 9 / Part 9 / Section 19-9-905
19-9-905 Reinstatement upon termination of disability benefit
Status: in_force

19-9-905 . Reinstatement upon termination of disability benefit. (1) (a) Except as provided in subsection (1)(b), a retired member whose disability retirement benefit is canceled as provided in 19-9-904 must be reinstated to the position held by the member immediately before retirement or to a position in a comparable pay and benefit category with duties within the member's capacity, whichever is first open. The board shall advise the employer that the disability retirement benefit has been canceled and that the member is eligible for reinstatement to duty. The fact that the member was retired for disability may not prejudice any right to reinstatement to duty that the member may have or claim to have.

(b) This section does not affect any requirement that the former employee meet or be able to meet professional certification and licensing standards unrelated to the disability and necessary for reinstatement.

(2) The city may request a medical or psychological review as to the ability of the member to return to work as a police officer. If the board's findings are upheld, the city shall pay the costs of the review.

(3) If the inactive member again becomes an active member by returning to service with an employer within 30 days following receipt of notice under 19-9-904 , the member must be considered to have been continuously employed during the term of the member's disability. If the inactive member fails to become an active member by returning to service with an employer within 30 days following receipt of the notice, the member's termination of service is considered to have occurred as of the member's disability retirement date and the retirement benefit, if any, to which the member becomes entitled on the member's service retirement date must be determined accordingly.
Mont. Code Ann. § 19-20-1215 — MT Code / Title 19 / Chapter 20 / Part 12 / Section 19-20-1215
19-20-1215 Statute of limitations
Status: in_force

19-20-1215 . Statute of limitations. (1) If overpaid benefits or unpaid contributions resulted solely from an error made by the retirement system, the retirement system may recover amounts owed for overpayments or unpaid contributions only for benefits or other amounts actually paid by the retirement system or for contributions that were actually due in the timeframe beginning 24 months prior to the date on which the retirement system issues an initial notice and ending when all amounts owed for overpayments or unpaid contributions are fully paid.

(2) If overpaid benefits or unpaid contributions resulted solely or partially from an error made by an employer, a member, or a benefit recipient, the retirement system may recover all amounts owed for the overpayment or unpaid contributions beginning on the date that the first erroneous payment was made or that contributions were first due. The retirement system may not recover amounts owed under this subsection unless the retirement system issues an initial notice no later than 24 months after the date on which the last payment of a retirement benefit or other amount was made by the retirement system on behalf of the member.

(3) No other statute of limitations or legal or equitable defense to the application of a statute of limitations may be applied to shorten the timeframes in which or for which the retirement system may seek recovery of amounts owed for overpayments or unpaid contributions.
Mont. Code Ann. § 19-7-404 — MT Code / Title 19 / Chapter 7 / Part 4 / Section 19-7-404
19-7-404 Employer contributions
Status: in_force

19-7-404 . Employer contributions. (1) Each employer shall pay 9.535% of the compensation paid to all of the employer's employees plus any additional contribution under subsection (3), except for those employees properly excluded from membership.

(2) (a) If the required contributions under subsections (1) and (3)(a) exceed the funds available to a county from general revenue sources, a county may, subject to 15-10-420 , budget, levy, and collect annually a tax on the taxable value of all taxable property within the county that is sufficient to raise the amount of revenue needed to meet the county's obligation.

(b) (i) A county may impose a mill levy to fund the employer contribution required under subsection (3)(b). The mill levy is not subject to 15-10-420 (1) or to approval at an election under 15-10-425 .

(ii) Each year prior to implementing a levy under subsection (2)(b)(i), after notice of the hearing given under 7-1-2121 , a public hearing must be held regarding any proposed increase.

(iii) If a levy pursuant to this subsection (2)(b) is decreased or ceases to be levied, the revenue may not be combined with the revenue determined in 15-10-420 (1)(a).

(3) Subject to subsection (4), each employer shall contribute to the system additional employer contributions equal to:

(a) 0.58% of the compensation paid to all of the employer's employees, except for those employees properly excluded from membership; and

(b) 3% of the compensation paid to all of the employer's employees, except for those employees properly excluded from membership.

(4) (a) The board shall review annually the additional employee contributions provided for under subsection (3) and recommend adjustments to the legislature as needed to maintain the amortization schedule set by the board for payment of the system's unfunded liabilities.

(b) The employer contributions required under subsection (3) terminate on July 1 following the board's receipt of the system's actuarial valuation if:

(i) the actuarial valuation determines that the period required to amortize the system's unfunded liabilities, including adjustments made for any benefit enhancements that become effective after the valuation, is less than 25 years; and

(ii) terminating the additional employer contributions and reducing the member contributions pursuant to 19-7-403 (1)(b) would not cause the amortization period to exceed 25 years.

(5) (a) Subject to subsection (6), each employer shall contribute to the system an additional employer contribution equal to the percentage specified in subsection (5)(b) of the compensation paid to all of the employer's employees, except for those members properly excluded from membership.

(b) The percentage of compensation to be contributed under subsection (5)(a) is 0.1% for fiscal year 2026 and increases by 0.1% each fiscal year through fiscal year 2035. For fiscal years beginning after June 30, 2035, the percentage of compensation to be contributed under subsection (5)(a) is 1%.

(6) (a) The board shall review annually the additional employer contribution provided for under subsection (5) and recommend adjustments to the legislature as needed to maintain the amortization schedule set by the board for payment of the system's unfunded liabilities.

(b) The employer contribution required under subsection (5) terminates on July 1 following the board's receipt of the system's actuarial valuation if the actuarial valuation determines that terminating the additional employer contribution pursuant to this subsection (6)(b) and reducing the member contributions pursuant to 19-7-403 (1)(b) would not cause the amortization period to exceed 25 years.
Mont. Code Ann. § 19-8-904 — MT Code / Title 19 / Chapter 8 / Part 9 / Section 19-8-904
19-8-904 Application to purchase additional service
Status: in_force

19-8-904 . Application to purchase additional service. (1) Subject to 19-8-906 , a member with at least 5 years of membership service, may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service that the member has qualified in the retirement system.

(2) To purchase service credit under this section, a member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation as determined by the board.

(3) Service credit purchased under this section is not membership service and may not be used to qualify a member for retirement or in the calculation of an actuarial reduction in benefits for a member who is not eligible for service retirement.
Mont. Code Ann. § 19-6-502 — MT Code / Title 19 / Chapter 6 / Part 5 / Section 19-6-502
19-6-502 Service retirement benefit
Status: in_force

19-6-502 . Service retirement benefit. After termination from service and upon application for service retirement, a member must receive a service retirement benefit equal to 2.6% of the member's highest average compensation for each year of service credit.
Mont. Code Ann. § 19-3-103 — MT Code / Title 19 / Chapter 3 / Part 1 / Section 19-3-103
19-3-103 Retirement system created -- system to consist of two plans
Status: in_force

19-3-103 . Retirement system created -- system to consist of two plans. (1) A defined benefit retirement plan is created and established to become effective July 1, 1945.

(2) A defined contribution plan is established as provided in part 21 of this chapter.

(3) The public employees' retirement system consists of the defined benefit plan and the defined contribution plan. Each plan within the system is governed by the applicable provisions of chapter 2 and this chapter.
Mont. Code Ann. § 19-18-104 — MT Code / Title 19 / Chapter 18 / Part 1 / Section 19-18-104
19-18-104 Board of trustees of association
Status: in_force

19-18-104 . Board of trustees of association. A board of trustees of such fire department relief association shall be created to consist of seven members:

(1) the president of the fire department relief association and the chief of the fire department, if an active member of the association, shall be ex officio members; and

(2) five members to be elected by the members of such association at the annual election, to be held on or before April 15 of each year.
Mont. Code Ann. § 19-3-1210 — MT Code / Title 19 / Chapter 3 / Part 12 / Section 19-3-1210
19-3-1210 Death payments to designated beneficiaries of retired members
Status: in_force

19-3-1210 . Death payments to designated beneficiaries of retired members. (1) When a retired member receiving an option 1 retirement benefit under 19-3-1501 dies, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.

(2) If a retired member receiving an option 2 or 3 retirement benefit under 19-3-1501 dies with no surviving contingent annuitant, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.

(3) This section does not apply if the member was receiving a disability benefit. The member's accumulated contributions may not be reduced by the disability benefits already paid unless the disability benefit was converted to a service retirement benefit pursuant to 19-2-406 (5).
Mont. Code Ann. § 19-19-202 — MT Code / Title 19 / Chapter 19 / Part 2 / Section 19-19-202
19-19-202 Limit on use of fund
Status: in_force

19-19-202 . Limit on use of fund. (1) Except as provided in subsection (2), a police retirement fund may not be used for any purpose other than to make payments authorized by this chapter to members of the police department on the retired list and to make authorized investments.

(2) When a city or town no longer employs a police officer eligible to receive benefits paid from the city's or town's police retirement fund and when there are no retired police officers or beneficiaries eligible to receive benefits from the fund, the city or town shall dissolve the fund and pay to the state auditor, for deposit in the general fund, an amount proportional to the prior contributions made by the state under 19-19-305 , as determined by the state auditor. Any remaining money in the fund must be transferred to the city or town general fund to be used by the city or town for any authorized city or town purpose.
Mont. Code Ann. § 19-2-701 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-701
19-2-701 Service credit
Status: in_force

19-2-701 . Service credit. (1) Service credit for all covered employment with each employer will be credited to a retirement system on a cumulative basis for all purposes, including but not limited to calculation of benefits and application of any maximum hour restrictions, limitations, or requirements. A member may not be credited with more than full-time service credit as a result of this cumulation of service credit. Subject to the provisions of chapters 3, 5 through 9, and 13, a member must receive 1 month of service credit for each full month of service under rules adopted by the board.

(2) Service credits must be used in calculating a retirement or survivorship benefit.

(3) A retired member is not eligible to earn service credit.
Mont. Code Ann. § 19-2-907 — MT Code / Title 19 / Chapter 2 / Part 9 / Section 19-2-907
19-2-907 Alternate payees -- family law orders -- rulemaking
Status: in_force

19-2-907 . Alternate payees -- family law orders -- rulemaking. (1) A participant in a retirement system may have the participant's rights modified or recognized by a family law order.

(2) For purposes of this section:

(a) "family law order" means a judgment, decree, or order of a court of competent jurisdiction under Title 40 concerning child support, parental support, spousal maintenance, or marital property rights that includes a transfer of all or a portion of a participant's payment rights in a retirement system to an alternate payee in compliance with this section and with section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p); and

(b) "participant" means an identified person who is a member or an actual or potential beneficiary, survivor, or contingent annuitant of a retirement system or plan designated pursuant to Title 19, chapter 3, 5, 6, 7, 8, 9, 13, or 17.

(3) A family law order must identify a participant and an alternate payee by full name, current address, date of birth, and social security number. An alternate payee's rights and interests granted in compliance with this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a family law order amending the family law order that established the right or interest.

(4) Except as provided in subsection (6)(a), a family law order may not require:

(a) a type or form of benefit, option, or payment not available to the affected participant under the appropriate retirement system or plan; or

(b) an amount or duration of payment greater than that available to a participant under the appropriate retirement system or plan.

(5) With respect to a defined benefit plan, a family law order may provide for payment to an alternate payee only as follows:

(a) Retirement benefit payments or refunds may be apportioned by directing payment of either a percentage of the amount payable or a fixed amount of no more than the amount payable to the participant. Payments to an alternate payee may be limited to a specific amount each month if the number of payments is specified.

(b) The maximum amount of disability or survivorship benefits that may be paid to alternate payees is the monthly benefit amount that would have been payable on the date of termination of service if the member had retired without disability or death. The maximum amount paid may be zero, depending on the member's age and service credit at the time of disability or death. Conversion of a disability retirement to a service retirement pursuant to 19-2-406 (5), 19-3-1015 (2), 19-6-612 (2), or 19-8-712 (2) does not increase the maximum monthly amount that may be paid to an alternate payee.

(c) Retirement benefit adjustments for which a participant is eligible after retirement may be paid as a percentage only if existing benefit payments are paid as a percentage. The adjustments must be paid as a percentage in the same ratio as existing benefit payments unless the family law order specifies that the alternate payee is not entitled to benefit adjustments.

(d) The participant may be required to choose a specified form of benefit payment or designate a beneficiary or contingent annuitant if the retirement system or plan allows for that option.

(6) With respect to a defined contribution plan, a family law order may provide for payment to an alternate payee only as follows:

(a) The vested account of the participant may be apportioned by directing payment of either a percentage or a fixed amount. The total amount paid may not exceed the amount in the participant's vested account. The alternate payee may receive the payment only as a direct payment, rollover, or transfer. The alternate payee's portion must be totally disbursed to the alternate payee as soon as administratively feasible upon the board's approval of the family law order.

(b) If the participant is receiving periodic payments or an annuity provided under the plan, those payments may be apportioned as a percentage of the amount payable to the participant. Payments to the alternate payee may be limited to a specific amount each month if the number of payments is specified. Payments may not total more than the amount payable to the payee.

(7) The duration of monthly payments paid from a defined benefit or defined contribution plan participant to an alternate payee may not exceed the lifetime of the appropriate participant. The duration of the monthly payments may be further limited only to a specified maximum time, the life of the alternate payee, or the life of another specified participant. Unless a family law order specifies the alternate payee's rights and interests revert to the participant upon the alternate payee's death, the alternate payee's rights and interests survive the alternate payee's death and may be transferred by inheritance or by designation of a beneficiary.

(8) The board may assess a participant or an alternate payee for all costs of reviewing and administering a family law order, including reasonable attorney fees. The board may adopt rules to implement this section.

(9) Each family law order establishing a final obligation concerning payments by the retirement system must contain a statement that the order is subject to review and approval by the board.

(10) The board shall adopt rules to provide for the administration of family law orders.
Mont. Code Ann. § 19-18-101 — MT Code / Title 19 / Chapter 18 / Part 1 / Section 19-18-101
19-18-101 Definitions
Status: in_force

19-18-101 . Definitions. Unless the context requires otherwise, the following definitions apply in this chapter:

(1) "Association" means the fire department relief association provided for in 19-18-102 .

(2) "Disability and pension fund" or "fund" means the fund provided for in 19-18-105 .

(3) "Fire department" includes all fire departments, consisting of paid, part-paid, or volunteer firefighters or any combination thereof, recognized by the city or town council of an incorporated city or town of this state.

(4) "Incorporated city or town" includes county seats whether incorporated or not.

(5) Any reference to "municipality", "city", or "town" includes those jurisdictions which, prior to the effective date of a county-municipal consolidation, were incorporated municipalities or subsequent districts created for urban fire protection services.
Mont. Code Ann. § 19-5-403 — MT Code / Title 19 / Chapter 5 / Part 4 / Section 19-5-403
19-5-403 Refunds in case of resignation or discharge
Status: in_force

19-5-403 . Refunds in case of resignation or discharge. When a member willingly resigns or is discharged for cause before becoming entitled to a retirement benefit, the accumulated contributions standing to the member's credit must be paid to the member upon the board's receipt of the member's written application for a refund.
Mont. Code Ann. § 19-2-402 — MT Code / Title 19 / Chapter 2 / Part 4 / Section 19-2-402
19-2-402 Compensation of board members
Status: in_force

19-2-402 . Compensation of board members. Members shall be entitled to compensation as provided in 2-15-124 .
Mont. Code Ann. § 19-1-826 — MT Code / Title 19 / Chapter 1 / Part 8 / Section 19-1-826
19-1-826 Changes in federal law
Status: in_force

19-1-826 . Changes in federal law. In the event that any relevant provisions of federal law are amended or superseded, then the provisions of this part that relate to the law must be applied to the amended law or the superseding law.
Mont. Code Ann. § 19-13-403 — MT Code / Title 19 / Chapter 13 / Part 4 / Section 19-13-403
19-13-403 Application to purchase military service
Status: in_force

19-13-403 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and subject to 19-13-406 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active duty service in the armed forces of the United States.

(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(2) (a) Except as provided in subsection (2)(b) and subject to 19-13-406 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.

(b) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(3) To purchase service credit and membership service under this section, the member shall pay the actuarial cost of the service credit based on the system's most recent actuarial valuation.
Mont. Code Ann. § 19-19-402 — MT Code / Title 19 / Chapter 19 / Part 4 / Section 19-19-402
19-19-402 Eligibility for disability retirement
Status: in_force

19-19-402 . Eligibility for disability retirement. When a police officer receives injuries or disabilities in the active discharge of duties as a police officer and the injuries or disabilities are, in the opinion of the board of police commissioners or city council of the city or town, of a character that impairs the officer's ability to discharge the duties of an active police officer, the officer must be placed on the retired list of the city or town.
Mont. Code Ann. § 19-3-2106 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2106
19-3-2106 Limited contract right
Status: in_force

19-3-2106 . Limited contract right. The statutory provisions governing the defined contribution plan and the university system retirement program are subject to amendment by the legislature. Employees choosing the defined contribution plan or the university system retirement program pursuant to this part do not have a contract right to the specific terms and conditions specified in statute on the date the employee's choice becomes effective.
Mont. Code Ann. § 19-7-804 — MT Code / Title 19 / Chapter 7 / Part 8 / Section 19-7-804
19-7-804 Application to purchase additional service
Status: in_force

19-7-804 . Application to purchase additional service. (1) Subject to 19-7-805 , a member with at least 5 years of membership service may, at any time before retirement, file a written application with the board to purchase 1 additional year of service credit for each 5 years of membership service.

(2) To purchase service credit under this section, a member shall pay the actuarial cost of the service credit in the sheriffs' retirement system, as determined by the board, based on the system's most recent actuarial valuation.

(3) Service credit purchased under this section must be credited for the purpose of meeting retirement eligibility and for calculating retirement benefits.
Mont. Code Ann. § 19-3-2102 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2102
19-3-2102 Defined contribution plan established -- assets to be held in trust -- contracted services
Status: in_force

19-3-2102 . Defined contribution plan established -- assets to be held in trust -- contracted services. (1) The board shall establish within the public employees' retirement system a defined contribution plan in accordance with the provisions of this part. The plan must be established as a pension plan for the exclusive benefit of members and their beneficiaries and as a "qualified governmental plan" pursuant to section 401(a) of the Internal Revenue Code and its implementing regulations. Retirement accounts must be established for each member of the defined contribution plan. Assets of the plan, including assets of the long-term disability plan pursuant to 19-3-2141 , must be held in trust. The plan is established in addition to any retirement, pension, deferred compensation, or other benefit plan administered by the state or a political subdivision.

(2) The board may contract for plan administration and use a competitive bidding process when contracting for consulting, educational, investment, recordkeeping, or other services for the plan.
Mont. Code Ann. § 19-2-704 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-704
19-2-704 Purchasing service credits allowed -- payroll deduction
Status: in_force

19-2-704 . Purchasing service credits allowed -- payroll deduction. (1) Subject to the rules promulgated by the board, an eligible member may elect to make additional contributions to purchase service credits as provided by the statutes governing the retirement system.

(2) Subject to any statutory provision establishing stricter limitations, only active or vested inactive members are eligible to purchase or transfer service credit, membership service, or contributions or to redeposit amounts withdrawn under 19-2-602 .

(3) An eligible member who wishes to redeposit amounts withdrawn under 19-2-602 or who is eligible to purchase service credit as provided by the statutes governing the retirement system to which the member belongs may elect to make a lump-sum payment by personal check or rollover of funds from another eligible plan, to make installment payments, or to make a combination of a lump-sum payment and installment payments.

(4) Installment payments must be made by personal check paid directly to the board unless the member elects to make payments by irrevocable payroll deduction. The minimum installment period for payments is 3 months, and the maximum installment period is 5 years. If a member making installment payments by personal check ceases to make those payments, the board shall prorate the service credit based on the amount paid.

(5) To elect installment payments by irrevocable payroll deduction, the member shall file with the board and the member's employer an irrevocable, written application and authorization for payroll deductions. The application and authorization:

(a) must be signed by the member and the member's employer;

(b) must specify the dollar amount of each deduction and the number of deductions to be made, subject to any maximum amounts or duration established by state or federal law;

(c) may not give the member the option of receiving the deduction amounts directly instead of having them paid by the employer to the board; and

(d) must specify that the additional contributions being picked up, although designated as employee contributions, are being paid by the employer directly to the board in lieu of contributions paid directly by the employee.

(6) If the board notifies the employer that a proper written application and authorization has been filed with the board, the employer shall initiate the payroll deduction as follows:

(a) An employer shall pick up the member's elective additional contributions made pursuant to a payroll deduction authorization. The contributions picked up by the employer must be paid from the same source as is used to pay compensation to the member and must be included as part of the member's earned compensation before the deduction is made.

(b) Employee contributions, even though designated as employee contributions for state law purposes, are paid by the member's employer in lieu of contributions paid directly by the member to the board.

(c) The member may not choose to receive the contributed amounts directly instead of having them paid by the employer to the board.

(d) The effective date of the employer pickup and payment pursuant to this section is the date on which the employee's additional contribution is first deducted from the employee's compensation. However, the effective date may not be prior to the date that the member properly completes the written application and authorization for payroll deductions and files it with the board. The pickup may not apply to any additional contributions made before the effective date or to any contributions related to compensation earned for services rendered before the effective date.

(e) Installment payments initiated by contract prior to July 1, 1999, may be paid by payroll deduction only if the member files a written application and authorization for payroll deductions pursuant to this section. If the member does not file a written application and authorization for payroll deductions pursuant to this section, the installment contract payments agreed to by the member must be paid by the member directly to the board.

(f) A member may file more than one irrevocable payroll deduction agreement and authorization as long as a subsequent deduction authorization does not amend a previous irrevocable authorization. A member may not prepay an amount under an irrevocable payroll deduction agreement without terminating employment, except when a member becomes a member of another retirement system by an authorized election and the service purchase is in accordance with 19-2-715 .

(7) If a member terminates employment or dies before completing all payments required by a payroll deduction authorization filed pursuant to this section, the deduction authorization expires and the board shall prorate the service credit based on the amount paid unless further payment is made as provided in this subsection. In the case of a termination from employment, the member may make a lump-sum payment for up to the balance of the service credit remaining to be purchased, subject to the limitations of section 415 of the Internal Revenue Code. In the case of death of the member, the payment may be made from the member's estate subject to the limitations of section 415 of the Internal Revenue Code.
Mont. Code Ann. § 19-6-1001 — MT Code / Title 19 / Chapter 6 / Part 10 / Section 19-6-1001
19-6-1001 Short title
Status: in_force

19-6-1001 . Short title. This part may be cited as the "deferred retirement option plan" or "DROP".
Mont. Code Ann. § 19-9-1010 — MT Code / Title 19 / Chapter 9 / Part 10 / Section 19-9-1010
19-9-1010 Original election -- guaranteed annual benefit adjustment
Status: in_force

19-9-1010 . Original election -- guaranteed annual benefit adjustment. (1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.

(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.

(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.

(3) A benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:

(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and

(b) the member either:

(i) first became an active member on or after July 1, 1997; or

(ii) filed a voluntary, irrevocable election to be covered under this section. The election:

(A) must be filed with the board prior to December 1, 1999; and

(B) requires an active member to pay an increased or revised contribution rate from January 1, 2000, forward.

(4) The board shall adopt rules to administer the provisions of this section.

(5) The decision of a member who elected to participate under 19-9-1009 remains valid. The decision of a member who elected not to participate under 19-9-1009 may be reversed under this section.
Mont. Code Ann. § 19-2-1014 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1014
19-2-1014 Compliance with federal laws regarding service in uniformed services
Status: in_force

19-2-1014 . Compliance with federal laws regarding service in uniformed services. (1) With respect to a member's death occurring on or after January 1, 2007, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. 4303 and to the extent required by section 401(a)(37) of the Internal Revenue Code, 26 U.S.C. 401(a)(37), the designated beneficiaries are entitled to benefits that the system would have provided if the member's death had occurred while in covered employment. In any event, a deceased member's period of qualified service in the uniformed services must be counted for vesting purposes.

(2) With respect to a member's disability occurring on or after January 1, 2009, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. 4303 and to the extent permitted by section 414(u)(9) of the Internal Revenue Code, 26 U.S.C. 414(u)(9), the member is entitled to any benefits that the system would have provided had the member become disabled while in covered employment.
Mont. Code Ann. § 19-6-102 — MT Code / Title 19 / Chapter 6 / Part 1 / Section 19-6-102
19-6-102 Highway patrol officers' retirement system established
Status: in_force

19-6-102 . Highway patrol officers' retirement system established. There is a retirement plan known as the highway patrol officers' retirement system, which is governed by the provisions of chapter 2 and this chapter.
Mont. Code Ann. § 19-20-407 — MT Code / Title 19 / Chapter 20 / Part 4 / Section 19-20-407
19-20-407 No duplication of credit for same period of service
Status: in_force

19-20-407 . No duplication of credit for same period of service. A member may not receive duplicate credit for the same period of service. A retiree returning to active service may not be granted creditable service for the same period of time that the retiree was receiving a retirement benefit.
Mont. Code Ann. § 19-18-511 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-511
19-18-511 Annual report of clerks of cities having fire departments
Status: in_force

19-18-511 . Annual report of clerks of cities having fire departments. On or before April 1 annually, the clerk of every city having an organized fire department or a partly paid or volunteer department shall file with the commissioner of insurance of this state a certificate stating that fact. The certificate must include the system of water supply in use in the fire department, the number of its organized companies, steam, hand, or other engines, hook-and-ladder trucks, hose-carts, and feet of hose in actual use, and other facts that the commissioner may require.
Mont. Code Ann. § 19-6-805 — MT Code / Title 19 / Chapter 6 / Part 8 / Section 19-6-805
19-6-805 Service purchase limitation
Status: in_force

19-6-805 . Service purchase limitation. A member may not purchase more than a combined total of 5 years of service credit under 19-6-801 , 19-6-803 , and 19-6-804 .
Mont. Code Ann. § 19-18-502 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-502
19-18-502 Refund of firefighter's contribution
Status: in_force

19-18-502 . Refund of firefighter's contribution. A firefighter is entitled to a refund, in a lump sum and without interest, of all monthly contributions to the fund, within 60 days after permanent separation from service in the fire department, except for separation by reason of retirement, death, or disability that would otherwise qualify the firefighter or the firefighter's surviving spouse or children to receive benefits or an allowance from the association. A firefighter who is eligible to receive a partial service pension under 19-18-603 may either elect to take the refund provided for in this section or elect to receive the partial pension.
Mont. Code Ann. § 19-20-605 — MT Code / Title 19 / Chapter 20 / Part 6 / Section 19-20-605
19-20-605 Pension accumulation account -- employer's contribution
Status: in_force

19-20-605 . Pension accumulation account -- employer's contribution. (1) The pension accumulation account is the account in which the reserves for payment of retirement allowances and benefits must be accumulated and from which retirement allowances and benefits must be paid to retirees or their beneficiaries. Employer contributions to the pension accumulation account must be made as provided in 19-20-609 and this section.

(2) Except as provided in subsection (3), for each member employed during the whole or part of the preceding payroll period, the employer shall pay into the pension accumulation account an amount equal to 9.85% of total earned compensation, plus the supplemental contribution required under 19-20-609 .

(3) For each member employed by a school district, an education cooperative, a county, or a community college during the whole or part of the preceding payroll period, the employer shall pay into the pension accumulation account an amount equal to 7.47% of total earned compensation, plus the supplemental contribution required under 19-20-609 .

(4) Beginning July 1, 2013, for each retired member who returns to covered employment under the provisions of 19-20-731 during all or part of the preceding payroll period, the employer shall pay into the pension accumulation account an amount equal to 9.85% of the total earned compensation paid to the retired member, plus the supplemental contribution required under 19-20-609 .

(5) (a) If the employer is a school district or a community college district created prior to January 1, 2021, the trustees shall budget and pay for the employer's contribution under the provisions of 20-9-501 .

(b) If the employer is a community college district created on or after January 1, 2021, the trustees shall budget and pay for the employer's contribution from the district's current unrestricted subfund.

(6) If the employer is the superintendent of public instruction, a public institution of the state of Montana, a unit of the Montana university system, or the Montana state school for the deaf and blind, the legislature shall appropriate to the employer an adequate amount to allow the payment of the employer's contribution.

(7) If the employer is a county, the county commissioners shall budget and pay for the employer's contribution in the manner provided by law for the adoption of a county budget and for payments under the budget.

(8) All interest and other earnings realized on the money of the retirement system must be credited to the pension accumulation account, and the amount required to allow regular interest on the annuity savings account must be transferred to that account from the pension accumulation account.

(9) The board may transfer from the pension accumulation account to the expense account an amount necessary to cover expenses of administration.
Mont. Code Ann. § 19-13-1011 — MT Code / Title 19 / Chapter 13 / Part 10 / Section 19-13-1011
19-13-1011 Election -- guaranteed annual benefit adjustment
Status: in_force

19-13-1011 . Election -- guaranteed annual benefit adjustment. (1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.

(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.

(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.

(3) A benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:

(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and

(b) the member either:

(i) first became an active member on or after July 1, 1997; or

(ii) filed a voluntary, irrevocable election to be covered under this section. The election:

(A) must be filed with the board prior to December 1, 2001; and

(B) requires an active member to pay an increased or revised contribution rate from January 1, 2002, forward.

(4) The board shall adopt rules to administer the provisions of this section.

(5) The decision of a member who elected to participate under 19-13-1010 remains valid. The decision of a member who elected not to participate under 19-13-1010 may be reversed under this section.
Mont. Code Ann. § 19-2-906 — MT Code / Title 19 / Chapter 2 / Part 9 / Section 19-2-906
19-2-906 Limitations on disability or survivorship benefits
Status: in_force

19-2-906 . Limitations on disability or survivorship benefits. If the board determines that the disability or death of a member of a defined benefit plan is proximately caused by the gross negligence, willful misconduct, or violation of the law by the member, the board may revoke, suspend, or refuse to grant benefits except an annuity that is the actuarial equivalent of the member's accumulated contributions with regular interest to the day the benefit commences.
Mont. Code Ann. § 19-13-102 — MT Code / Title 19 / Chapter 13 / Part 1 / Section 19-13-102
19-13-102 Purpose -- application of prior law
Status: repealed

19-13-102 . Purpose -- application of prior law. (1) Because cities other than those of the first or second class currently have fire department relief associations, the legislature finds and declares that the law regarding these associations cannot be repealed. It is the express intention of the legislature to allow two separate and distinct retirement systems to exist. The first, which includes fire department relief associations, applies to cities other than those of the first or second class that wish to adopt it. The second, created by this chapter, applies to cities of the first or second class and those other cities that wish to adopt it. The purpose of the second system is to provide equity and security for retired firefighters who served cities of the first and second class and other cities electing to join the plan by creating a centrally administered system responsible for continuing all retirement payments from the assets of the system.

(2) Title 19, chapter 18, may not be applied in any way to a city operating under the plan created by this chapter except as otherwise provided.
Mont. Code Ann. § 19-5-404 — MT Code / Title 19 / Chapter 5 / Part 4 / Section 19-5-404
19-5-404 State employer contribution
Status: in_force

19-5-404 . State employer contribution. (1) Except as provided in subsections (2) and (3), the state shall pay as employer contributions 0% of the compensation paid to all of the employer's employees, except those properly excluded from membership.

(2) Except as provided in subsection (3), the state shall contribute monthly from the natural resources operations state special revenue account, established in 15-38-301 , to the judges' pension trust fund an amount equal to 0% of the compensation paid to the chief water court judge. The judiciary shall include in its budget and shall request for legislative appropriation an amount necessary to defray the state's portion of the costs of this section.

(3) If, based on the most recently available actuarial study for the judges' retirement system, the funded ratio of the plans drops below 120% funded, the employer contribution rates in subsections (1) and (2) must be increased to 25.81%.
Mont. Code Ann. § 19-3-108 — MT Code / Title 19 / Chapter 3 / Part 1 / Section 19-3-108
19-3-108 Definitions
Status: in_force

19-3-108 . Definitions. Unless the context requires otherwise, as used in this chapter, the following definitions apply:

(1) (a) "Compensation" means remuneration paid out of funds controlled by an employer in payment for the member's services or for time during which the member is excused from work because of a holiday or because the member has taken compensatory leave, sick leave, annual leave, banked holiday time, or a leave of absence before any pretax deductions allowed by state or federal law are made.

(b) Compensation does not include:

(i) the contributions made pursuant to 19-3-403 (6)(a) for members of a bargaining unit;

(ii) in-kind goods provided by the employer, such as uniforms, housing, transportation, or meals;

(iii) in-kind services, such as the retraining allowance paid pursuant to 2-18-622 , or employment-related services;

(iv) contributions to group insurance, such as that provided under 2-18-701 through 2-18-704 ;

(v) lump-sum payments for compensatory leave, sick leave, banked holiday time, or annual leave paid without termination of employment;

(vi) bonuses provided after July 1, 2013, that are one-time or temporary payments in addition to and not considered part of base pay;

(vii) remuneration paid to a member to reimburse the member for what would normally be the employer's costs of doing business, such as for workstation equipment or telecom services to facilitate telework; or

(viii) per diems, maintenance, allowances, expenses, or volunteer stipends.

(2) "Contracting employer" means any political subdivision or governmental entity that has contracted to come into the system under this chapter.

(3) "Defined benefit plan" means the plan within the public employees' retirement system established in 19-3-103 that is not the defined contribution plan.

(4) "Employer" means the state of Montana, its university system or any of the colleges, schools, components, or units of the university system for the purposes of this chapter, or any contracting employer.

(5) "Employer contributions" means payments to a pension trust fund pursuant to 19-3-316 from appropriations of the state of Montana and from contracting employers.

(6) (a) "Highest average compensation" means:

(i) for a member hired prior to July 1, 2011, the highest average monthly compensation during any 36 consecutive months of membership service;

(ii) for a member hired on or after July 1, 2011, the highest average monthly compensation during any 60 consecutive months of membership service; or

(iii) in the event a member has not served the minimum specified period of service, the total compensation earned divided by the months of membership service.

(b) Lump-sum payments for compensatory leave, sick leave, banked holiday time, and annual leave paid to the member upon termination of employment may be used in the calculation of a retirement benefit only to the extent that they are used to replace, on a month-for-month basis, the regular compensation for a month or months included in the calculation of the highest average compensation. A lump-sum payment may not be added to a single month's compensation.

(c) Excess earnings limits must be applied to the calculation of the highest average compensation pursuant to 19-2-1005 (2).

(7) "System" or "retirement system" means the public employees' retirement system established in 19-3-103 .
Mont. Code Ann. § 19-20-706 — MT Code / Title 19 / Chapter 20 / Part 7 / Section 19-20-706
19-20-706 Exemption from taxation and legal process
Status: in_force

19-20-706 . Exemption from taxation and legal process. Except as provided in 19-20-305 and 19-20-306 , the retirement allowances or any other benefits accrued or accruing to any person under the provisions of the retirement system and the accumulated contributions and cash and securities in the various funds of the retirement system are:

(1) exempted from any county or municipal tax except for a refund paid under 19-20-603 of a member's contributions picked up by an employer after June 30, 1985, as provided in 19-20-602 ;

(2) not subject to execution, garnishment, attachment by trustee process or otherwise, in law or equity, or any other process; and

(3) unassignable except as specifically provided in this chapter.
Mont. Code Ann. § 19-3-411 — MT Code / Title 19 / Chapter 3 / Part 4 / Section 19-3-411
19-3-411 Eligible employees
Status: in_force

19-3-411 . Eligible employees. Subject to 19-3-402 , 19-3-403 , 19-3-412 , and 19-3-413 , eligible employees under the system who are not covered by a separate retirement system under this title include the following:

(1) any employee of the state of Montana, its university system or any of the colleges, schools, components, or units of the university system; and

(2) any employee of a contracting employer eligible to participate under the contract between the board and the contracting employer under 19-3-201 .
Mont. Code Ann. § 19-20-1211 — MT Code / Title 19 / Chapter 20 / Part 12 / Section 19-20-1211
19-20-1211 Notices required -- initial notice -- final staff determination
Status: in_force

19-20-1211 . Notices required -- initial notice -- final staff determination. (1) (a) Before taking action to correct an error or recover overpaid benefits or unpaid contributions, the retirement system shall provide a written initial notice to any person or entity from whom the overpayment or unpaid contributions may be recovered.

(b) The initial notice must:

(i) specify the grounds for the retirement system's initial determination that an error has occurred;

(ii) specify, to the extent practicable, the amount owed for overpaid benefits or unpaid contributions;

(iii) identify additional documentation or information, if any, required to be provided to the retirement system for a final staff determination; and

(iv) provide an opportunity for the noticed party or parties to submit additional documentation or information they believe is relevant to the retirement system's determination.

(2) (a) Unless additional time is required for good cause, the retirement system shall issue a final staff determination within 180 days after the date the initial notice was issued.

(b) The final staff determination must specify the process required for a party to appeal the final staff determination to the retirement board.

(3) Notice provided pursuant to this section may be provided to multiple persons or entities as a standardized notice directed to multiple recipients.
Mont. Code Ann. § 19-5-501 — MT Code / Title 19 / Chapter 5 / Part 5 / Section 19-5-501
19-5-501 Eligibility for service retirement
Status: in_force

19-5-501 . Eligibility for service retirement. (1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a vested member who has reached the age of 60 has attained normal retirement age and is eligible to receive the nonforfeitable service retirement benefit provided in 19-5-502 .

(2) Retirement benefits may not be approved by the board while the member is drawing full compensation as a judge or justice. However, benefits may not be withheld for receiving compensation as a judge pro tempore.
Mont. Code Ann. § 19-9-403 — MT Code / Title 19 / Chapter 9 / Part 4 / Section 19-9-403
19-9-403 Application to purchase military service
Status: in_force

19-9-403 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and subject to 19-9-406 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active duty service in the armed forces of the United States.

(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(2) (a) Except as provided in subsection (2)(b) and subject to 19-9-406 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.

(b) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(3) To purchase service credit and membership service under this section, the member shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation.
Mont. Code Ann. § 19-1-104 — MT Code / Title 19 / Chapter 1 / Part 1 / Section 19-1-104
19-1-104 Retirement systems to be considered separate
Status: in_force

19-1-104 . Retirement systems to be considered separate. (1) Pursuant to section 218(d)(6) of the Social Security Act, 42 U.S.C. 418(d)(6), the public employees' retirement system of the state of Montana is, for the purposes of this chapter, considered a separate retirement system with respect to the state and a separate retirement system with respect to each political subdivision having positions covered by the system.

(2) Pursuant to section 218(c) of the Social Security Act, 42 U.S.C. 418(c), the Montana judges' retirement system, the sheriffs' retirement system, the Montana state game wardens' and peace officers' retirement system, the highway patrol officers' retirement system of the state of Montana, the public employees' retirement system of the state of Montana, and each municipal police retirement fund and each city participating in the municipal police officers' retirement system are, for the purposes of this chapter, considered separate retirement systems with respect to the state and separate retirement systems with respect to each political subdivision having positions covered by those systems.
Mont. Code Ann. § 19-20-804 — MT Code / Title 19 / Chapter 20 / Part 8 / Section 19-20-804
19-20-804 Allowance for service retirement -- professional retirement option allowance -- creditable service limitation
Status: in_force

19-20-804 . Allowance for service retirement -- professional retirement option allowance -- creditable service limitation. (1) Upon termination, a tier one or tier two member who qualifies for benefits pursuant to 19-20-801 (1) or (2) must receive a retirement allowance equal to one-sixtieth of the member's average final compensation, as limited by 19-20-715 , multiplied by the sum of the number of years of creditable service.

(2) (a) Upon termination, a tier two member who qualifies for benefits pursuant to 19-20-801 (3) must receive a professional retirement option allowance equal to 1.85% of the member's final average compensation, as limited by 19-20-715 , multiplied by the sum of the member's years of creditable service.

(b) For the purpose of calculating the professional retirement option, creditable service does not include:

(i) service credited before the member became a tier two member even if the member redeposits the member's withdrawn contributions pursuant to 19-20-427 ; or

(ii) service credit transferred under 19-20-409 .
Mont. Code Ann. § 19-3-2116 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2116
19-3-2116 Vesting -- mandatory termination of membership -- forfeitures
Status: in_force

19-3-2116 . Vesting -- mandatory termination of membership -- forfeitures. (1) A member's contribution account includes the member's contributions and the income on those contributions and is vested from the date that the employee becomes a member of the plan.

(2) A member's employer contribution account includes the employer's contributions and the income on those contributions and is vested only when the member has a total of 5 years of membership service under the system.

(3) A member's account for other contributions includes the member's rollovers of contributions made pursuant to 19-3-2115 and income on those contributions and is vested from the date that the contribution is credited to the account.

(4) A member who terminates service after becoming a vested member may terminate plan membership as provided in 19-3-2123 .

(5) A member who terminates service before becoming a vested member shall terminate plan membership as provided in 19-3-2123 and subject to 19-3-2126 .

(6) If the member's employer contribution account is not vested upon termination of plan membership, as provided in 19-3-2123 , the employer contributions and income are forfeited and must be allocated as provided in 19-3-2117 .
Mont. Code Ann. § 19-18-107 — MT Code / Title 19 / Chapter 18 / Part 1 / Section 19-18-107
19-18-107 Retention of firefighters' rights when local government consolidated
Status: in_force

19-18-107 . Retention of firefighters' rights when local government consolidated. A firefighter who has vested rights in a disability and pension fund maintains prior vested rights in the fund upon its transfer to a consolidated county municipality. A disability and pension fund established as required by law in a city or town of the county prior to the election and qualification of a commission under Title 7 or other acts of consolidation or disincorporation shall be continued as one such fund for the fire department of the municipality, subject, however, to the prior vested rights of firefighters employed by any fire department established as required by law in a city or town of the county prior to the election and qualification of a commission under Title 7 or other acts of consolidation or disincorporation. The board of trustees of the disability and pension fund shall continue as provided in 19-18-104 . Except as provided in this section, the disability and pension fund shall be continued and administered in the manner prescribed by law for such funds.
Mont. Code Ann. § 19-6-401 — MT Code / Title 19 / Chapter 6 / Part 4 / Section 19-6-401
19-6-401 Payments into pension trust fund
Status: in_force

19-6-401 . Payments into pension trust fund. There is a pension trust fund for the payment of benefits under the retirement system. All appropriations made by the state, all contributions by members, in the amount specified, and all interest on and earnings from the investment of money in this pension trust fund must be deposited in the pension trust fund.
Mont. Code Ann. § 19-20-710 — MT Code / Title 19 / Chapter 20 / Part 7 / Section 19-20-710
19-20-710 Maximum benefit limitation
Status: in_force

19-20-710 . Maximum benefit limitation. A monthly benefit paid under the retirement system provided for in this chapter may not exceed the annual limits on benefits as specified in section 415 of the Internal Revenue Code as adjusted for cost-of-living increases for calendar years 1988 and succeeding years. However, benefits in excess of those limits may be paid from a qualified governmental excess benefit arrangement subject to 19-20-212 .
Mont. Code Ann. § 19-20-103 — MT Code / Title 19 / Chapter 20 / Part 1 / Section 19-20-103
19-20-103 Implied consent of employee
Status: in_force

19-20-103 . Implied consent of employee. A person who accepts employment for which membership is required is considered to have consented to membership and to the withholding of contributions from the person's compensation.
Mont. Code Ann. § 19-17-111 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-111
19-17-111 Records information management
Status: in_force

19-17-111 . Records information management. (1) The chief or designated official of a fire company shall maintain the records provided for in 19-17-108 and 19-17-110 for each active or inactive member of the fire company.

(2) Records must be maintained according to the state of Montana general records retention schedules, as published by the secretary of state pursuant to Title 2, chapter 6, part 11.
Mont. Code Ann. § 19-2-502 — MT Code / Title 19 / Chapter 2 / Part 5 / Section 19-2-502
19-2-502 Payments from pension trust funds
Status: in_force

19-2-502 . Payments from pension trust funds. (1) The board shall administer the assets of the pension trust funds as provided in Article VIII, section 15, of the Montana constitution, subject to the specific provisions of chapters 2, 3, 5 through 9, and 13 of this title.

(2) Benefits and refunds to eligible recipients are payable pursuant to a contract as contained in statute. The contract is entered into on the first day of a member's covered employment and may be enhanced by the legislature. Unless specifically provided for by statute, the contract does not contain revisions to statutes after the time of retirement or termination of membership.
Mont. Code Ann. § 19-20-105 — MT Code / Title 19 / Chapter 20 / Part 1 / Section 19-20-105
19-20-105 Penalty for fraud
Status: in_force

19-20-105 . Penalty for fraud. A person who knowingly makes a false statement or who falsifies or permits to be falsified any record of the retirement system in an attempt to defraud the system is guilty of a misdemeanor and is punishable as provided by law.
Mont. Code Ann. § 19-20-1201 — MT Code / Title 19 / Chapter 20 / Part 12 / Section 19-20-1201
19-20-1201 Definitions
Status: in_force

19-20-1201 . Definitions. As used in this part, the following definitions apply:

(1) "Amount owed" means the total amount of overpaid benefits or unpaid contributions plus accrued interest as provided in 19-20-1206 and costs and fees awarded as provided in 19-20-1214 .

(2) "Benefit recipient" means a benefit recipient as defined in 19-20-101 , an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member.

(3) "Error" means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:

(a) a clerical mistake;

(b) a failure to fully and correctly perform a required act or provide required information;

(c) an assertion or other representation of fact or circumstance that is not complete and accurate; or

(d) an incorrect understanding, construction, or application of plan terms or other applicable law or policy.

(4) "Overpaid benefits" or "overpayment" means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error.

(5) "Unpaid contributions" means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error.
Mont. Code Ann. § 19-9-205 — MT Code / Title 19 / Chapter 9 / Part 2 / Section 19-9-205
19-9-205 Transfer of assets and liabilities from prior plans
Status: in_force

19-9-205 . Transfer of assets and liabilities from prior plans. All funds and obligations constituting the assets and liabilities of prior plans, regardless of their form or who holds them, must be transferred to the pension trust fund.
Mont. Code Ann. § 19-1-822 — MT Code / Title 19 / Chapter 1 / Part 8 / Section 19-1-822
19-1-822 Referendum -- institution of higher education
Status: in_force

19-1-822 . Referendum -- institution of higher education. On request of the president of an institution, the governor shall direct the department to give notice of and supervise a referendum in the retirement system for that institution in compliance with the requirements prescribed by section 218 of the Social Security Act, 42 U.S.C. 418.
Mont. Code Ann. § 19-50-104 — MT Code / Title 19 / Chapter 50 / Part 1 / Section 19-50-104
19-50-104 Eligibility to catch up -- normal retirement age
Status: in_force

19-50-104 . Eligibility to catch up -- normal retirement age. (1) Except as provided in subsection (2), for the purposes of determining a participant's eligibility to catch up on making the maximum annual deferrals allowable, normal retirement age must be specified in writing by the participant and must be no earlier than:

(a) the age at which the participant is eligible to retire pursuant to the participant's Title 19 retirement system because of the participant's age or both age and length of service, without disability, and with the right to receive immediate retirement benefits without actuarial or similar reduction because of retirement before a specified age; or

(b) 65 years of age if the participant is not a member of a Title 19 retirement plan or system, is a member of a defined contribution retirement plan, or is an independent contractor.

(2) An eligible plan with participants that include qualified police or firefighters, as defined under 26 U.S.C. 415(b)(2)(H)(ii)(I), may either:

(a) designate a normal retirement age for the qualified police or firefighters that is no less than 50 years of age; or

(b) allow a qualified police or firefighter participant to designate a normal retirement age that is between 50 and 70 1/2 years of age.

(3) Qualified police or firefighters, as defined in 26 U.S.C. 415(b)(2)(H)(ii)(I), include:

(a) police who are members of the municipal police officers' retirement system provided for in Title 19, chapter 9;

(b) police who are members of a local police retirement system provided for in Title 19, chapter 19;

(c) firefighters who are members of the firefighters' unified retirement system provided for in Title 19, chapter 13;

(d) firefighters who are members of a local firefighters' retirement system provided for in Title 19, chapter 18; and

(e) firefighters who are members of the defined benefit retirement plan of the public employees' retirement system provided for in Title 19, chapter 3.
Mont. Code Ann. § 19-1-825 — MT Code / Title 19 / Chapter 1 / Part 8 / Section 19-1-825
19-1-825 Collection of contributions
Status: in_force

19-1-825 . Collection of contributions. The fiscal officer for an institution for whose retirement system an agreement has been made shall collect the contributions required by section 218 of the Social Security Act, 42 U.S.C. 418, from the teachers in the retirement system of that institution, by payroll deductions.
Mont. Code Ann. § 19-18-603 — MT Code / Title 19 / Chapter 18 / Part 6 / Section 19-18-603
19-18-603 Partial service pension
Status: in_force

19-18-603 . Partial service pension. (1) A member of a fire department relief association is eligible to receive a partial service pension if the member:

(a) has completed at least 10 years of active duty as a fully paid member of a fire department but has not both completed 20 years of service and reached 50 years of age as an active firefighter;

(b) is permanently separated from service;

(c) does not qualify for a disability pension under 19-18-604 ; and

(d) does not receive a refund of the member's contributions under 19-18-502 .

(2) The right to receive the pension vests upon the firefighter's permanent separation from service, but the payments may not commence until the date the firefighter would have both reached 50 years of age and completed 20 years of service as a member of a fire department had the member's active duty not been terminated.

(3) The pension must be paid out of the disability and pension fund and must consist of monthly payments in an amount equal to the number of years of the firefighter's service divided by the number of years of service the firefighter would have had if the firefighter had remained in active duty as a member of a fire department until the date the firefighter would have both reached 50 years of age and completed 20 years of service, multiplied by one-half of the sum last received by the firefighter as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for services as an active member of the fire department.

(4) If the firefighter dies after the firefighter is permanently separated from service and before the firefighter both reaches 50 years of age and would have completed 20 years of service as an active member of a fire department, the payments prescribed in subsection (3) must be made to the surviving spouse commencing on the date the firefighter would have both reached 50 years of age and completed 20 years of service as an active member of a fire department and terminating upon the surviving spouse's death or remarriage. If there is no surviving spouse or the surviving spouse dies or remarries and if the firefighter leaves one or more children who have not reached 18 years of age, the children must receive the payments until the youngest reaches 18 years of age.

(5) If the firefighter dies after both reaching 50 years of age and the date the firefighter would have completed 20 years of service as an active member of a fire department, the payments must be made to the surviving spouse or children as provided in subsection (4).

(6) The pension escalation provisions of 19-18-602 do not apply to pensions received under this section.
Mont. Code Ann. § 19-6-801 — MT Code / Title 19 / Chapter 6 / Part 8 / Section 19-6-801
19-6-801 Application to purchase military service
Status: in_force

19-6-801 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and subject to 19-6-805 , an eligible member may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active service in the armed forces of the United States.

(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(2) (a) Except as provided in subsection (3) and subject to subsection (2)(b) and 19-6-805 , a member may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.

(b) A member must have at least the following years of membership service to apply to purchase service credit under subsection (2)(a):

(i) for a member hired before July 1, 2013, 5 years; and

(ii) for a member hired on or after July 1, 2013, 10 years.

(3) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(4) To purchase service credit and membership service under this section:

(a) a member with at least 15 years of service credit who is not covered by 19-6-710 shall contribute the amount determined by the board to be due based on the member's compensation and regular contribution rate in the member's 16th year for the 1st year purchased and, for each subsequent year purchased, an amount based on the member's compensation and contribution rate in each of as many years succeeding the member's 16th year as are required to complete the purchase, with regular interest from the date the member becomes eligible for this benefit to the date the purchase is complete. The combined total of active and reserve military service credit and membership service that a member may purchase may be no more than the member's service credit in excess of 15 years or 5 years, whichever is less.

(b) (i) a member with at least 5 years of membership service who is covered by 19-6-710 shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation;

(ii) a member with at least 10 years of membership service who is covered by 19-6-712 shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation.
Mont. Code Ann. § 19-20-802 — MT Code / Title 19 / Chapter 20 / Part 8 / Section 19-20-802
19-20-802 Early retirement
Status: in_force

19-20-802 . Early retirement. (1) (a) A vested tier one member who is not eligible for service retirement but has attained the age of 50 is eligible for an early retirement allowance.

(b) A vested tier two member who is not eligible for service retirement but has attained the age of 55 is eligible for an early retirement allowance.

(2) A member retiring early under subsection (1) must have terminated employment in all positions reportable to the retirement system and must file a written application with the retirement board.

(3) The early retirement allowance must be determined as prescribed in 19-20-804 , with the exception that the allowance will be reduced using actuarially equivalent factors based on the most recent actuarial valuation of the system.
Mont. Code Ann. § 19-7-803 — MT Code / Title 19 / Chapter 7 / Part 8 / Section 19-7-803
19-7-803 Application to purchase military service
Status: in_force

19-7-803 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and subject to 19-7-805 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active service in the armed forces of the United States.

(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(2) (a) Except as provided in subsection (2)(b) and subject to 19-7-805 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.

(b) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(3) To purchase service credit and membership service under this section, the member shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation.
Mont. Code Ann. § 19-1-502 — MT Code / Title 19 / Chapter 1 / Part 5 / Section 19-1-502
19-1-502 Approval of plan and agreement by department
Status: in_force

19-1-502 . Approval of plan and agreement by department. (1) A plan and agreement and any amendment of the plan and agreement must be approved by the department if the administrator finds that the plan and agreement, or an amendment to the plan and agreement, are in conformity with the department's requirements.

(2) The department may not finally refuse to approve a plan and agreement submitted by a political subdivision under 19-1-501 and may not terminate an approved plan and agreement without reasonable notice and opportunity for hearing to the affected political subdivision.
Mont. Code Ann. § 19-5-503 — MT Code / Title 19 / Chapter 5 / Part 5 / Section 19-5-503
19-5-503 Involuntary retirement benefit
Status: in_force

19-5-503 . Involuntary retirement benefit. (1) If a member is involuntarily discontinued from service after having completed 5 years of membership service but before reaching normal retirement age, the member must, upon filing with the board an application in the manner prescribed by the board, be paid an involuntary retirement benefit of equivalent actuarial value to the service retirement benefit payable under 19-5-502 then standing to the member's credit.

(2) If a member elected or appointed to office after July 1, 1983, is discontinued from service after having earned at least 12 years of service credit but before reaching normal retirement age, the member may apply for and receive a retirement benefit that is the actuarial equivalent of benefits pursuant to subsection (1).
Mont. Code Ann. § 19-2-802 — MT Code / Title 19 / Chapter 2 / Part 8 / Section 19-2-802
19-2-802 Effect of no designation of beneficiary or no surviving statutory or designated beneficiary
Status: in_force

19-2-802 . Effect of no designation of beneficiary or no surviving statutory or designated beneficiary. (1) If a member or payment recipient fails to name a designated beneficiary or if a statutory or designated beneficiary does not survive the member or payment recipient, the estate of the member or payment recipient is entitled to any accrued lump-sum payment or accrued retirement benefit not received prior to the member's or payment recipient's death. If the estate, as either a designated beneficiary or as a beneficiary by default as provided in this subsection, would not be probated but for the amount due to the estate from the retirement system, all of the amount due to the estate must be paid directly, without probate, to the surviving next of kin of the deceased or the guardians of the survivor's estate, share and share alike.

(2) Payment must be made in the same order in which the following groups are listed:

(a) husband or wife;

(b) children;

(c) father and mother;

(d) grandchildren;

(e) brothers and sisters; or

(f) nieces and nephews.

(3) A payment may not be made to a person included in any of the groups listed in subsection (2) if at the date of payment there is a living person in any of the groups preceding the group of which the person is a member, as listed. Payment must be made upon receipt from the person of an affidavit, upon a form supplied by the board, that there are no living individuals in the groups preceding the group of which the person is a member and that the estate of the deceased will not be probated.

(4) The payment must be in full and complete discharge and acquittance of the board and system on account of the member's or payment recipient's death.
Mont. Code Ann. § 19-13-601 — MT Code / Title 19 / Chapter 13 / Part 6 / Section 19-13-601
19-13-601 Deduction remitted to firemen's association -- member's contribution
Status: in_force

19-13-601 . Deduction remitted to firemen's association -- member's contribution. (1) Each employer shall retain from the compensation of each active member a sum equal to 1% of the member's compensation for services as a firefighter and shall remit this amount on a monthly basis to the Montana state firemen's association for the payment of premiums on a group life and accidental death and dismemberment insurance policy for members and to defray expenses incurred by the association when representing members of the retirement system.

(2) Each member's contribution to the retirement system as a percentage of the member's compensation must be:

(a) 9.5% for a member not covered under 19-13-1010 ; or

(b) 10.7% for a member covered under 19-13-1010 .

(3) If a member receives compensation under the provisions of the Workers' Compensation Act, Title 39, chapter 71, the amount received must be included as part of the member's compensation for purposes of determining contributions and service credits under the retirement system. Contributions made under 19-13-604 , 19-13-605 , and this section must be based on the total compensation received by the member from the employer and from workers' compensation during the period of disability.

(4) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code, as amended and applicable on July 1, 1987, shall pick up and pay the contributions that would be payable by the member under subsection (2) for service rendered after June 30, 1987.

(5) The member's contributions picked up by the employer must be designated for all purposes of the retirement system as the member's contributions, except for the determination of a tax upon a distribution from the retirement system. These contributions must become part of the member's accumulated contributions but must be accounted for separately from those previously accumulated.

(6) The member's contributions picked up by the employer must be payable from the same source as is used to pay compensation to the member and must be included in the member's compensation as defined in 19-13-104 . The employer shall deduct from the member's compensation an amount equal to the amount of the member's contributions picked up by the employer and remit the total of the contributions to the board.
Mont. Code Ann. § 19-7-502 — MT Code / Title 19 / Chapter 7 / Part 5 / Section 19-7-502
19-7-502 Retirement option
Status: in_force

19-7-502 . Retirement option. A member with at least 5 but less than 20 years of membership service may retire with a retirement benefit commencing no sooner than the first day of the month following the member's 50th birthday. The retirement benefit must be calculated to be the actuarial equivalent of the member's service retirement benefit as otherwise accrued, based upon payment commencing when the member would have completed 20 years of membership service or reached age 60, whichever event would have occurred first.
Mont. Code Ann. § 19-20-212 — MT Code / Title 19 / Chapter 20 / Part 2 / Section 19-20-212
19-20-212 General internal revenue service qualification rules
Status: in_force

19-20-212 . General internal revenue service qualification rules. (1) The board shall distribute the corpus and income of the system to the members and their beneficiaries in accordance with the system's law. The corpus and income may not, at any time before the satisfaction of all liabilities with respect to members and their beneficiaries, be used for, or diverted to, purposes other than the exclusive benefit of the members and their beneficiaries.

(2) Forfeitures arising from severance of employment, from death, or for any other reason may not be applied to increase the benefits that any member would otherwise receive under the state's law. However, forfeitures may be used to reduce the costs of administration.

(3) Distributions from the system may be made only upon retirement, separation from service, disability, or death.

(4) Notwithstanding any provision of law to the contrary, contributions, benefits, and service credit with respect to qualified military service must be provided in accordance with section 414(u) of the Internal Revenue Code and the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, et seq.

(5) (a) If at any time that the board finds that benefits payable or contributions required under this chapter would exceed the limits established under section 415 of the Internal Revenue Code, the board may establish a qualified governmental excess benefit arrangement and adopt rules for the necessary and appropriate procedures for the administration of the benefit arrangement in accordance with the Internal Revenue Code and this section.

(b) An excess benefit arrangement established pursuant to this section is subject to the following requirements:

(i) The amount of any annual benefit that would exceed the limitations imposed by section 415 of the Internal Revenue Code must be paid from the benefit arrangement.

(ii) The amount of a contribution that would exceed the limitation imposed by section 415 of the Internal Revenue Code must be credited to the benefit arrangement.

(iii) The benefit arrangement must be a separate part of the system.

(iv) The benefit arrangement must be maintained solely for the purpose of providing to members in the system that part of the member's annual benefit or contribution otherwise payable under the terms of this chapter that exceeds the limitations on benefits or contributions imposed by section 415 of the Internal Revenue Code.

(v) Members may not elect, directly or indirectly, to defer compensation to the benefit arrangement.

(6) The limitation year for purposes of section 415 of the Internal Revenue Code is the school year beginning September 1 and ending August 31.

(7) The plan year is the fiscal year beginning July 1 and ending June 30.
Mont. Code Ann. § 19-2-710 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-710
19-2-710 Nonapplication of part to defined contribution plan
Status: in_force

19-2-710 . Nonapplication of part to defined contribution plan. Except as otherwise provided in 19-2-715 and chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
Mont. Code Ann. § 19-1-303 — MT Code / Title 19 / Chapter 1 / Part 3 / Section 19-1-303
19-1-303 Notice of referendum
Status: in_force

19-1-303 . Notice of referendum. The notice of referendum required by section 218(d)(3)(C) of the Social Security Act, 42 U.S.C. 418(d)(3)(C), to be given to employees must contain or be accompanied by a statement, in the form and detail that the department director, acting through the administrator, considers necessary and sufficient, informing the employees of the rights that will accrue to them and their dependents and survivors and the liabilities to which they will be subject if their services are included under an agreement under this chapter.
Mont. Code Ann. § 19-1-503 — MT Code / Title 19 / Chapter 1 / Part 5 / Section 19-1-503
19-1-503 Required provisions of plan and agreement
Status: in_force

19-1-503 . Required provisions of plan and agreement. A plan and agreement may not be approved by the department unless:

(1) they are in conformity with the requirements of the Social Security Act and with the agreement entered into under 19-1-401 and 19-1-402 ;

(2) they provide that all services that constitute employment and that are performed by employees of the political subdivisions will be covered by the plan and agreement, except that the plan and agreement may exclude services performed by individuals to whom section 218(c)(3)(B) of the Social Security Act, 42 U.S.C. 418(c)(3)(B), is applicable.
Mont. Code Ann. § 19-18-503 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-503
19-18-503 Fund to be soundly funded
Status: in_force

19-18-503 . Fund to be soundly funded. (1) Each disability and pension fund must be soundly funded at fiscal yearend. The fund is soundly funded if, subject to subsection (2):

(a) assets in the fund are maintained at a level equal to at least three times but no more than five times the benefits paid by the fund in the previous or current fiscal year, whichever is greater; or

(b) funding is maintained at a level determined by an actuarial valuation to be sufficient to keep the fund actuarially sound.

(2) An actuarial valuation may be requested only by a city, town, or association.
Mont. Code Ann. § 19-13-406 — MT Code / Title 19 / Chapter 13 / Part 4 / Section 19-13-406
19-13-406 Service purchase limitation
Status: in_force

19-13-406 . Service purchase limitation. A member may not purchase more than a combined total of 5 years of service credit under 19-13-403 and 19-13-405 .
Mont. Code Ann. § 19-19-305 — MT Code / Title 19 / Chapter 19 / Part 3 / Section 19-19-305
19-19-305 Annual state payments to municipality with police department
Status: in_force

19-19-305 . Annual state payments to municipality with police department. (1) After the end of each fiscal year, the state auditor shall issue and deliver to the treasurer of each city and town in Montana that has a police department and that is not a participant in the municipal police officers' retirement system a warrant for an amount computed in the same manner as the amount paid (or that would be paid if an existing relief association met the legal requirements for payment) to cities and towns for fire department relief associations pursuant to 19-18-512 . The payment from the general fund is statutorily appropriated as provided in 17-7-502 .

(2) Each city or town that has a police retirement fund shall deposit the payment to the credit of its police retirement fund.

(3) Payments provided for in 19-19-205 and subsection (1) of this section are in addition to those provided for in 19-19-301 .
Mont. Code Ann. § 19-17-117 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-117
19-17-117 Volunteer Firefighters' Compensation Act benefit policy statement
Status: in_force

19-17-117 . Volunteer Firefighters' Compensation Act benefit policy statement. It is the policy of the state that additional benefits may not be added to the Volunteer Firefighters' Compensation Act unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
Mont. Code Ann. § 19-18-611 — MT Code / Title 19 / Chapter 18 / Part 6 / Section 19-18-611
19-18-611 Procedure -- applying for and collecting benefits
Status: in_force

19-18-611 . Procedure -- applying for and collecting benefits. (1) All applications for relief shall be referred to the board of trustees. All claims shall be referred to the board of trustees for allowance or disallowance, and claimant shall have the right to appeal to the association in the event the claim be disallowed.

(2) All claims shall be paid by warrant, duly authorized, drawn by the secretary and countersigned by the president of the association. On presentation of the warrant, the treasurer shall pay it out of the disability and pension fund.
Mont. Code Ann. § 19-9-404 — MT Code / Title 19 / Chapter 9 / Part 4 / Section 19-9-404
19-9-404 Service under sheriffs' retirement system prior to or following city-county consolidation
Status: in_force

19-9-404 . Service under sheriffs' retirement system prior to or following city-county consolidation. A law enforcement officer who has combined service in the municipal police officers' retirement system and the sheriffs' retirement system because of a city-county consolidation, as provided in 19-7-801 , is eligible for benefits as provided in 19-7-801 .
Mont. Code Ann. § 19-17-204 — MT Code / Title 19 / Chapter 17 / Part 2 / Section 19-17-204
19-17-204 Administrative expenses
Status: in_force

19-17-204 . Administrative expenses. Necessary expenses for the administration of the Volunteer Firefighters' Compensation Act are a charge against the pension trust fund. The necessary administrative expenses attributable to this chapter must be paid from the investment earnings on the public employees' pension trust fund. Before fiscal yearend closing, the board shall compute the expenses directly or proportionally attributable to this chapter over the past fiscal year and transfer that amount from the Volunteer Firefighters' Compensation Act fund to the public employees' pension trust fund.
Mont. Code Ann. § 19-5-401 — MT Code / Title 19 / Chapter 5 / Part 4 / Section 19-5-401
19-5-401 Payments into pension trust fund
Status: in_force

19-5-401 . Payments into pension trust fund. All appropriations made by the state of Montana, all contributions by members, and all interest on and increase of the investments and money in the pension trust fund must be paid to the board, which shall credit the payments to the fund. These funds may be commingled with other pension trust funds of the board, but separate accounts must be maintained for the judges' retirement system.
Mont. Code Ann. § 19-20-106 — MT Code / Title 19 / Chapter 20 / Part 1 / Section 19-20-106
19-20-106 Retaining qualified plan status -- board rulemaking authority
Status: in_force

19-20-106 . Retaining qualified plan status -- board rulemaking authority. (1) The board shall administer the plan in the manner required to satisfy the applicable qualification requirements for a qualified governmental plan, as specified in the Internal Revenue Code. If a provision in this chapter conflicts with a qualification requirement in section 401 of the Internal Revenue Code applicable to public retirement systems or with the plan's status as a qualified governmental plan under section 414(d) of the Internal Revenue Code and consequent federal administrative regulations, the provision is either ineffective or must be interpreted to conform to the federal qualification requirements and allow the plan to retain tax-deferred status. The board may adopt rules to implement this section.

(2) For the purpose of section 401(a) of the Internal Revenue Code, the plan document for the retirement plan is composed of the applicable provisions of the Montana constitution, this chapter, and applicable rules adopted by the board.
Mont. Code Ann. § 19-6-107 — MT Code / Title 19 / Chapter 6 / Part 1 / Section 19-6-107
19-6-107 Highway patrol officers' retirement system benefit policy statement
Status: in_force

19-6-107 . Highway patrol officers' retirement system benefit policy statement. It is the policy of the state that additional benefits may not be added to the highway patrol officers' retirement system unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
Mont. Code Ann. § 19-19-205 — MT Code / Title 19 / Chapter 19 / Part 2 / Section 19-19-205
19-19-205 Actuarial valuation of police retirement fund
Status: in_force

19-19-205 . Actuarial valuation of police retirement fund. (1) The city treasurer shall submit to the public employees' retirement board before September 1 of each odd-numbered year all information requested by the public employees' retirement board necessary to complete an actuarial valuation of the city's police retirement fund. The valuation must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal years.

(2) The valuation must be prepared by a qualified actuary selected by the public employees' retirement board. A qualified actuary is a member of the American academy of actuaries or of any organization considered by the department to have similar standards.

(3) In each fiscal year in which an actuarial valuation is prepared, the public employees' retirement board shall submit to the state treasurer a request for payment of the expense incurred in securing the actuarial valuation. The expense may not exceed $6,000 in any fiscal year. The state treasurer shall make payment to the actuary from the general fund.
Mont. Code Ann. § 19-9-703 — MT Code / Title 19 / Chapter 9 / Part 7 / Section 19-9-703
19-9-703 Employer contribution
Status: in_force

19-9-703 . Employer contribution. Each employer shall make its contribution through the city treasurer or other appropriate official out of money available to the city for that purpose. The employer shall pay as employer contributions 14.41% of the compensation paid to all of the employer's employees, except those properly excluded from membership.
Mont. Code Ann. § 19-2-407 — MT Code / Title 19 / Chapter 2 / Part 4 / Section 19-2-407
19-2-407 Reports
Status: in_force

19-2-407 . Reports. (1) As soon as practical after the close of each fiscal year, the board shall file with the governor and with the legislature pursuant to 5-11-210 a report of its work for that fiscal year. The report must include but is not limited to:

(a) a statement as to the accumulated cash and securities in the pension trust funds as certified by the state treasurer and the board of investments;

(b) a summary of the most recent information available from the actuary concerning the actuarial valuation of the assets and liabilities of each system or plan; and

(c) an analysis of how market performance is affecting actuarial funding of each of the retirement systems or plans.

(2) The report required under subsection (1) must also provide information concerning the defined contribution plan, including a description of the plan, the number of members in the plan, plan contribution rates, the total amount of money invested by members, investment performance, administrative costs and fees, and other information required under applicable governmental accounting standards and as determined by the board.
Mont. Code Ann. § 19-18-201 — MT Code / Title 19 / Chapter 18 / Part 2 / Section 19-18-201
19-18-201 Management of fund
Status: in_force

19-18-201 . Management of fund. Except as otherwise provided in this chapter, the association and its board of trustees have full charge, management, and control of the disability and pension fund. The fund shall be kept separate from other funds and shall be held by the treasurer of the association.
Mont. Code Ann. § 19-13-607 — MT Code / Title 19 / Chapter 13 / Part 6 / Section 19-13-607
19-13-607 Other money credited as employer contributions
Status: in_force

19-13-607 . Other money credited as employer contributions. All gifts, bequests, and emoluments given to an employer or member for the benefit of the retirement system or because of any member's service as a firefighter, except when specifically allowed to be retained by the member by the member's employer, must be paid to the board. The board shall deposit them in the pension trust fund. The amounts are employer contributions but are in addition to the amounts required by 19-13-605 .
Mont. Code Ann. § 19-3-403 — MT Code / Title 19 / Chapter 3 / Part 4 / Section 19-3-403
19-3-403 Exclusions from membership
Status: in_force

19-3-403 . Exclusions from membership. The following persons may not become members of the retirement system and, except as provided in subsection (9), may not later purchase previous service under 19-3-505 :

(1) inmates or residents of state institutions or correctional institutions;

(2) persons in state institutions principally for the purpose of training but who receive compensation;

(3) independent contractors;

(4) volunteers;

(5) student interns, except that a student intern who later becomes an active member by otherwise becoming an employee may, after becoming an active member, affirmatively exercise the option of purchasing the service credit excluded by this subsection by applying to the board in writing to become eligible to receive service credit for the excluded service under the provisions of 19-3-505 ;

(6) persons who are members of any other retirement or pension system supported wholly or in part by funds of the United States government, any state government, or political subdivision of the state and who are receiving credit in the other system for employment. It is the purpose of this subsection to prevent a person from receiving credit for the same employment in two retirement systems supported wholly or in part by public funds, except when the service qualifies and is applied for and the service credit is purchased pursuant to 19-3-503 . A member of the retirement system who, because of employment by the state, is required to become a member of any other system described in this subsection is considered, with regard to that employment, an inactive member of the retirement system, except that the member is not eligible for retirement or a refund of the member's accumulated contributions. Exclusion under this subsection is subject to the following exceptions:

(a) The employees of an employer who has entered into a collective bargaining agreement involving a multiemployer pension plan qualified by the internal revenue service and that requires contributions by the employer for the members of the bargaining unit remain eligible, if otherwise qualified, for membership in the retirement system.

(b) For the purpose of this subsection (6), persons receiving pensions, retirement benefits, or other payments from any source on account of employment other than as an employee are not considered, because of receipt, members of any other retirement or pension system.

(7) substitute teachers or part-time teacher's aides who may elect to join the teachers' retirement system in accordance with 19-20-302 (4);

(8) court commissioners, elected officials, or appointive members of any board or commission who serve the state or any contracting employer intermittently and who are paid on a per diem basis;

(9) full-time students employed at and attending the same public elementary school, high school, community college, or unit of the state university system, except that a person excluded from membership as a student of a public community college or a unit of the state university system who later becomes an active member by otherwise becoming an employee may affirmatively exercise the option of purchasing the service credit excluded by this subsection by applying to the board in writing after becoming an active member and become eligible to receive service credit for the excluded service under the provisions of 19-3-505 ;

(10) county school superintendents who are required by 19-20-302 (1)(g) and (2) to be members of the teachers' retirement system provided for in Title 19, chapter 20.
Mont. Code Ann. § 19-17-101 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-101
19-17-101 Short title
Status: in_force

19-17-101 . Short title. This chapter shall be known and may be cited as the "Volunteer Firefighters' Compensation Act".
Mont. Code Ann. § 19-3-2133 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2133
19-3-2133 Employee investment advisory council
Status: in_force

19-3-2133 . Employee investment advisory council. (1) The board shall create an employee investment advisory council. The advisory council shall meet at least four times a year to:

(a) advise the board concerning the operation of the defined contribution plan, including the selection of the initial investment alternatives to be provided pursuant to 19-3-2122 ;

(b) advise the board about negotiating, contracting, or modifying services for the state deferred compensation plan provided for in chapter 50; and

(c) review existing deferred compensation plans and to advise the board on the administration of the program.

(2) The advisory council is not subject to 2-15-122 , except for payment of travel expenses.
Mont. Code Ann. § 19-9-207 — MT Code / Title 19 / Chapter 9 / Part 2 / Section 19-9-207
19-9-207 Election to join retirement system -- transfer of assets
Status: in_force

19-9-207 . Election to join retirement system -- transfer of assets. (1) Cities other than those participating in the statewide police reserve fund administered by the board in accordance with Chapter 335, Laws of 1974, as of June 30, 1977, may elect to join the retirement system by passing an ordinance stating the election and the consent of the city to be bound by the provisions of this retirement system. Upon the enactment of an ordinance, the provisions of this retirement system become applicable to the city. Any city enacting an election ordinance shall send a certified copy of the ordinance to the board and shall, as soon as possible, deposit all cash and securities held by it in its local police reserve or retirement fund into the municipal police officers' pension trust fund. The value of the securities must be determined by the board.

(2) The trustees or other administrative head of the local plan as of the effective date of the election shall certify the proportion, if any, of the funds of the plan that represents the accumulated contributions of the active members and the relative shares of the members as of that date. The shares must be charged to the employer and credited to the respective members in the retirement system and administered as if the contributions had been made during membership in the retirement system. Any excess of employer credits over charges under this section must be offset, with interest, against future required employer contributions for a period determined by the board. Any excess of employer charges over credits under this section are payable by the employer, with interest, for a period of 30 years or less as determined by the board.
Mont. Code Ann. § 19-17-105 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-105
19-17-105 Duties of volunteer firefighters
Status: in_force

19-17-105 . Duties of volunteer firefighters. The duties of a volunteer firefighter include any activity authorized by an officer of the fire company relating to travel to, participation in, and return from calls for fire protection, fire company meetings, training, medical assistance, search and rescue assistance, public service activities, such as parades, and calls for assistance to protect individual or public health and safety.
Mont. Code Ann. § 19-2-1013 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1013
19-2-1013 Compliance with federal restrictions on interest rate crediting
Status: in_force

19-2-1013 . Compliance with federal restrictions on interest rate crediting. Interest credited on any refund of accumulated member contributions under a defined benefit plan subject to Title 19, chapter 2, must comply with any applicable provisions of the federal Age Discrimination in Employment Act, Public Law 90-202, and any applicable U.S. treasury regulations establishing market rates of return for purposes of complying with that federal act.
Mont. Code Ann. § 19-20-702 — MT Code / Title 19 / Chapter 20 / Part 7 / Section 19-20-702
19-20-702 Optional allowances -- joint and survivor annuity -- period certain
Status: in_force

19-20-702 . Optional allowances -- joint and survivor annuity -- period certain. (1) (a) Until the first payment on account of any benefit becomes normally due, any member may elect to receive one of the allowances described in subsection (2) or (3) in lieu of the normal form retirement allowance.

(b) Upon the retirement system's processing of a retired member's first monthly benefit payment, the member's benefit election and designation of a joint annuitant if the member elected a joint and survivor annuity allowance is irrevocable, except as provided in subsections (4) and (5).

(2) (a) A joint and survivor annuity optional allowance is the actuarial equivalent of the member's service retirement or disability retirement allowance at the time of the member's retirement effective date and provides an allowance payable to the member throughout the member's lifetime and, upon the member's death, an allowance payable to the joint annuitant in accordance with the option selected under subsection (2)(b).

(b) A member electing to receive a joint and survivor annuity optional allowance may select one of the following options:

(i) Option A--The optional allowance will be paid to the member throughout the member's lifetime and, upon the member's death, continue throughout the lifetime of the member's joint annuitant.

(ii) Option B--The optional allowance will be paid to the member throughout the member's lifetime, and upon the member's death, one-half of the optional allowance will continue throughout the lifetime of the member's joint annuitant.

(iii) Option C--The optional allowance will be paid to the member throughout the member's lifetime, and upon the member's death, two-thirds of the optional allowance will continue throughout the lifetime of the member's joint annuitant.

(c) The designation of a joint annuitant must be made in the form and manner prescribed by the retirement system and provide all requested information. The joint annuitant will receive both the continuing retirement allowance and the one-time death benefit provided in 19-20-1002 (1)(a). The two benefits may not be allocated separately.

(d) Upon election of a joint and survivor optional allowance and designation of a joint annuitant, any prior or subsequent designation of a beneficiary by the retired member is void.

(3) (a) In lieu of any other option available in this section, a member may elect to receive one of the following period certain allowances that must be paid for the member's lifetime and then to the member's beneficiary as provided in 19-20-1002 (3) for the remainder of the period certain if the member dies before receiving monthly benefit payments for the period certain:

(i) a 10-year period certain may be elected if the member is 75 years of age or younger at the time of retirement; or

(ii) a 10-year or 20-year period certain may be elected if the member is 65 years of age or younger at the time of retirement.

(b) Each month for which a benefit is paid is counted as part of the period certain.

(4) (a) Subject to subsection (7), upon written application to the retirement system, a retired member whose effective date of retirement is before October 1, 1993, and who is receiving a joint and survivor annuity optional retirement allowance may select a different actuarially equivalent optional allowance and designate a different joint annuitant if:

(i) the original joint annuitant has died. The benefit must convert to the normal form retirement allowance effective the first of the month following the death of the joint annuitant.

(ii) the member has been divorced from the original joint annuitant and the original joint annuitant has not been granted the right to receive any ongoing or future distribution of any portion of the retiree's benefits as part of the divorce settlement. The benefit must convert to the normal form retirement allowance effective the first of the month following receipt of a written application and verification that the original joint annuitant has not been granted the right to receive the optional retirement allowance as part of the divorce settlement.

(b) Upon receipt of the written application, the retirement system shall actuarially adjust the member's monthly retirement or disability allowance to reflect the change.

(5) Subject to subsection (7), upon written application to the retirement system, a retired member receiving a joint and survivor annuity optional retirement allowance pursuant to subsection (2)(b) that is effective on or after October 1, 1993, may select a different actuarially equivalent optional allowance and designate a different joint annuitant or to revert the optional retirement allowance to the normal form retirement allowance available at the time of retirement if:

(a) the original joint annuitant has died. The benefit must revert to the normal form retirement allowance effective the first of the month following the death of the original joint annuitant.

(b) the member has been divorced from the original joint annuitant and the original joint annuitant has not been granted the right to receive any ongoing or future distribution of any portion of the retiree's benefits as part of the divorce settlement. The benefit must revert to the normal form retirement allowance effective the first of the month following receipt of a written application and verification that the original joint annuitant has not been granted the right to receive the optional retirement allowance as part of the divorce settlement.

(6) The normal form retirement allowance available must be increased by the value of any postretirement adjustments received by the member since the effective date of retirement.

(7) A retired member filing an application to make a selection under subsection (4) or (5) shall file the application and all required supporting documentation to be received by the retirement system no later than the date that is 18 months after the date of the death of or divorce from the joint annuitant.
Mont. Code Ann. § 19-17-411 — MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-411
19-17-411 Time benefits commence
Status: in_force

19-17-411 . Time benefits commence. (1) The pension benefit payable pursuant to this part may commence on:

(a) the first day of the month following the eligible member's last day of service; or

(b) the first day of a later month following filing of the written application.

(2) The benefit may not commence prior to the date of the board's decision regarding any disputed credited years of service pursuant to 19-17-201 .

(3) Monthly survivorship benefits payable pursuant to this part must commence the first day of the month following the day of death of the member.
Mont. Code Ann. § 19-19-505 — MT Code / Title 19 / Chapter 19 / Part 5 / Section 19-19-505
19-19-505 Withholding of group insurance premium from retirement benefit
Status: in_force

19-19-505 . Withholding of group insurance premium from retirement benefit. A retiree who is a participant in an employee group insurance plan that permits participation in the group plan following retirement may elect to have the monthly premium for group insurance withheld by the department of administration and paid directly by the department to the insurance carrier. In order to qualify for this withholding, a retiree must be a participant in a group insurance plan available to the employees of the former employer. Withholding may not be made for any retiree covered by an individual insurance policy.
Mont. Code Ann. § 19-3-401 — MT Code / Title 19 / Chapter 3 / Part 4 / Section 19-3-401
19-3-401 Membership -- inactive vested members -- inactive nonvested members
Status: in_force

19-3-401 . Membership -- inactive vested members -- inactive nonvested members. (1) Except as otherwise provided in this chapter, all employees become members of the defined benefit plan on the first day of service. Each employer shall file with the board information affecting the employer's employees' status as members as the board may require. An employee may become a member of the defined contribution plan only as provided in Title 19, chapter 3, part 21.

(2) (a) An inactive member of the defined benefit plan with at least 5 years of membership service is an inactive vested member and retains the right to purchase service credit and to receive a service retirement benefit subject to the provisions of this chapter.

(b) If an inactive vested member of the defined benefit plan chooses to take a lump-sum payment rather than a retirement benefit, the lump-sum payment consists of only the member's accumulated contributions and not the employer's contributions.

(3) (a) An inactive member of the defined benefit plan with less than 5 years of membership service is an inactive nonvested member and is not eligible for any benefits from the retirement plan.

(b) An inactive nonvested member of the defined benefit plan is eligible only for a refund of the member's accumulated contributions.

(4) Except as otherwise provided in this chapter, a member of either the defined benefit plan or the defined contribution plan is an active member of the system and is not eligible for a refund of contributions or for benefit payments if the member either:

(a) returns to service within 30 days of termination of employment; or

(b) terminates one employment but remains employed in another position covered by the system.

(5) Time during which an employee of a school district, the Montana school for the deaf and blind, or a public institution of higher education is absent from service during official vacation is counted as membership service in determining eligibility for retirement benefits.
Mont. Code Ann. § 19-19-101 — MT Code / Title 19 / Chapter 19 / Part 1 / Section 19-19-101
19-19-101 Definition
Status: in_force

19-19-101 . Definition. Unless the context requires a different meaning, any reference to "municipality", "city", or "town" in this chapter includes those jurisdictions which, prior to the effective date of a county-municipal consolidation, were incorporated municipalities, subsequent districts created for urban law enforcement services, or the entire county included in the county-municipal consolidation.
Mont. Code Ann. § 19-20-201 — MT Code / Title 19 / Chapter 20 / Part 2 / Section 19-20-201
19-20-201 Administration by retirement board -- jurisdiction and venue for judicial review
Status: in_force

19-20-201 . Administration by retirement board -- jurisdiction and venue for judicial review. (1) The retirement board shall administer and operate the retirement system within the limitations prescribed by this chapter, and it is the duty of the retirement board to:

(a) establish rules necessary for the proper administration and operation of the retirement system;

(b) approve or disapprove all expenditures necessary for the proper operation of the retirement system;

(c) keep a record of all its proceedings, which must be open to public inspection;

(d) submit a report to the office of budget and program planning detailing the fiscal transactions for the 2 fiscal years immediately preceding the report due date, the amount of the accumulated cash and securities of the retirement system, and the last fiscal year balance sheet showing the assets and liabilities of the retirement system;

(e) keep in convenient form the data that is necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the retirement system;

(f) prepare an annual valuation of the assets and liabilities of the retirement system that includes an analysis of how market performance is affecting the actuarial funding of the retirement system;

(g) require the board's actuary to conduct and report on a periodic actuarial investigation into the actuarial experience of the retirement system;

(h) prescribe a form for membership application that will provide adequate and necessary information for the proper operation of the retirement system;

(i) annually determine the rate of regular interest as prescribed in 19-20-501 ;

(j) establish and maintain the funds of the retirement system in accordance with the provisions of part 6 of this chapter; and

(k) perform other duties and functions as are required to properly administer and operate the retirement system.

(2) In discharging its duties, the board, or an authorized representative of the board, may conduct hearings, administer oaths and affirmations, take depositions, certify to official acts and records, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records. Subpoenas must be issued and enforced pursuant to 2-4-104 .

(3) The board may send retirement-related material to employers and the campuses of the Montana university system for delivery to employees. To facilitate distribution, employers and those campuses shall each provide the board with a point of contact who is responsible for distribution of the material provided by the board.

(4) The board shall make available to the state administration and veterans' affairs interim committee and to the legislature pursuant to 5-11-210 copies of the annual actuarial valuation and reports required pursuant to subsections (1)(d), (1)(f), and (1)(g).

(5) Jurisdiction and venue for judicial review of the board's final administrative decisions is the judicial district in which the appealing party resides or, if the person resides outside the state, the first judicial district, Lewis and Clark County.
Mont. Code Ann. § 19-20-1008 — MT Code / Title 19 / Chapter 20 / Part 10 / Section 19-20-1008
19-20-1008 Changes to beneficiary designations -- limitations on changing spouse beneficiary interest
Status: in_force

19-20-1008 . Changes to beneficiary designations -- limitations on changing spouse beneficiary interest. (1) Once accepted by the retirement system, a beneficiary designation may be changed only by the member submitting to the retirement system a new effective beneficiary designation record. No other action, process, or provision of law may invalidate, revoke, terminate, or otherwise modify the beneficiary designation record. Divorce, annulment, or other circumstances resulting in the termination of a valid or invalid marriage does not void the member's designation of the former spouse or purported spouse as a beneficiary.

(2) (a) Except as provided in subsection (3), a member may change the member's beneficiary designation at any time by filing with the retirement system a new beneficiary designation record.

(b) The new beneficiary designation must meet all requirements specified in 19-20-1007 to be effective.

(c) A new effective beneficiary designation invalidates all prior beneficiary designations.

(3) (a) A member may not reduce or revoke the beneficiary interest of a designated beneficiary identified as the member's spouse if a divorce is pending, except with a signed and notarized waiver of beneficiary interest made by the spouse or pursuant to an order of the court in which the divorce is pending.

(b) If a change resulting in a reduction or revocation of a spouse beneficiary's interest is made by the member, the member shall establish the member's right to reduce or revoke the spouse beneficiary's interest by completing a certification of marital status.
Mont. Code Ann. § 19-6-410 — MT Code / Title 19 / Chapter 6 / Part 4 / Section 19-6-410
19-6-410 State contribution for supplemental benefits -- statutory appropriation
Status: in_force

19-6-410 . (Temporary) State contribution for supplemental benefits -- statutory appropriation. The state shall annually contribute to the pension trust fund the lump-sum amount determined by the board as required to pay benefits under 19-6-709 . The amount must be calculated based upon the number of individuals eligible as provided in 19-6-709 (1) through (3) and based upon the amount of benefit for the eligible individuals as provided in 19-6-709 (4)(a) through (4)(c). The amount is statutorily appropriated, as provided in 17-7-502 , from the general fund to the pension trust fund. (Terminates contingent upon death of last eligible recipient--sec. 14, Ch. 464, L. 2005.)
Mont. Code Ann. § 19-20-215 — MT Code / Title 19 / Chapter 20 / Part 2 / Section 19-20-215
19-20-215 Presentation to board of investments
Status: in_force

19-20-215 . Presentation to board of investments. The retirement board shall annually at a public meeting present to the board of investments established in 2-15-1808 a financial and actuarial report of the retirement system and brief the board of investments on any benefit changes being considered by the retirement board that may affect trust fund obligations.
Mont. Code Ann. § 19-9-903 — MT Code / Title 19 / Chapter 9 / Part 9 / Section 19-9-903
19-9-903 Amount of disability retirement benefit -- continuation of benefit after death of member
Status: in_force

19-9-903 . Amount of disability retirement benefit -- continuation of benefit after death of member. (1) A member who becomes disabled:

(a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's final average compensation; or

(b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.

(2) A member who becomes disabled as a direct result of the member's service in the line of duty:

(a) before completing 20 years of membership service must receive a line of duty disability retirement benefit equal to one-half of the member's final average compensation; or

(b) after completing 20 years or more of membership service must receive a line of duty disability retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.

(3) Upon the death of a member receiving a disability retirement benefit under this section, the member's surviving spouse or dependent child is eligible for benefits as provided in 19-9-804 .
Mont. Code Ann. § 19-50-204 — MT Code / Title 19 / Chapter 50 / Part 2 / Section 19-50-204
19-50-204 Public entity not to be liable
Status: in_force

19-50-204 . Public entity not to be liable. There shall be no financial liability of the state or a political subdivision for any investment losses incurred by any eligible deferred compensation plan established under this chapter.
Mont. Code Ann. § 19-9-103 — MT Code / Title 19 / Chapter 9 / Part 1 / Section 19-9-103
19-9-103 Municipal police officers' retirement system established
Status: in_force

19-9-103 . Municipal police officers' retirement system established. There is a retirement plan known as the municipal police officers' retirement system. The plan is governed by the provisions of chapter 2 and this chapter.
Mont. Code Ann. § 19-2-301 — MT Code / Title 19 / Chapter 2 / Part 3 / Section 19-2-301
19-2-301 Short title
Status: in_force

19-2-301 . Short title. This chapter may be cited as "The Public Employees' Retirement Act".
Mont. Code Ann. § 19-13-803 — MT Code / Title 19 / Chapter 13 / Part 8 / Section 19-13-803
19-13-803 Amount of disability retirement benefit
Status: in_force

19-13-803 . Amount of disability retirement benefit. (1) A member who becomes disabled:

(a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's highest average compensation;

(b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit, but no less than one-half of the member's highest average compensation.

(2) A member who becomes disabled as a direct result of the member's service in the line of duty:

(a) before completing 20 years of membership service must receive a line of duty disability retirement benefit equal to one-half of the member's highest average compensation; or

(b) after completing 20 years or more of membership service must receive a line of duty disability retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit but no less than one-half of the member's highest average compensation.

(3) Upon the death of a member receiving a disability retirement benefit under this section, the member's surviving spouse or dependent child is eligible for the benefits provided pursuant to 19-13-704 (3).
Mont. Code Ann. § 19-1-824 — MT Code / Title 19 / Chapter 1 / Part 8 / Section 19-1-824
19-1-824 Federal-state agreement
Status: in_force

19-1-824 . Federal-state agreement. On certification, the governor shall direct the department director to enter into a modification to the existing agreement with the appropriate officers of the federal government, pursuant to section 218 of the Social Security Act, 42 U.S.C. 418, to secure coverage for the retirement system with respect to which certification has been made. An agreement may be made retroactive to the extent permissible under the Social Security Act.
Mont. Code Ann. § 19-3-901 — MT Code / Title 19 / Chapter 3 / Part 9 / Section 19-3-901
19-3-901 Eligibility for service retirement
Status: in_force

19-3-901 . Eligibility for service retirement. (1) A member hired prior to July 1, 2011, who has:

(a) attained age 60 and has 5 years of membership service is eligible for service retirement;

(b) attained at least age 65 before or while employed in a position covered by the public employees' retirement system is eligible for service retirement regardless of the member's years of membership service; or

(c) 30 years or more of membership service is eligible for service retirement regardless of the member's age.

(2) A member hired on or after July 1, 2011, who has:

(a) attained age 65 and has 5 years of membership service is eligible for service retirement; or

(b) attained age 70 before or while employed in a position covered by the public employees' retirement system is eligible for service retirement regardless of the member's years of membership service.

(3) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411:

(a) in each of the circumstances described in subsections (1)(a), (1)(b), and (2), the member is treated as having attained normal retirement age; and

(b) in each of the circumstances described in subsections (1) and (2), the member has a nonforfeitable right to the service retirement benefit accrued and payable under the provisions of this chapter, subject to the member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6.
Mont. Code Ann. § 19-3-1203 — MT Code / Title 19 / Chapter 3 / Part 12 / Section 19-3-1203
19-3-1203 Election of optional death annuity
Status: in_force

19-3-1203 . Election of optional death annuity. The designated beneficiary of a deceased member may elect, by filing a written application with the board, to have the death payment provided for in 19-3-1202 paid in an actuarially equivalent form, subject to rules that the board may adopt. The annuity payments are not subject to increases that may be granted to other monthly retirement benefits.
Mont. Code Ann. § 19-2-601 — MT Code / Title 19 / Chapter 2 / Part 6 / Section 19-2-601
19-2-601 Termination of membership
Status: in_force

19-2-601 . Termination of membership. If a member's accumulated contributions under a retirement system are refunded, the person ceases to be a member of that system, all the person's service is canceled, and the person relinquishes claim to any benefits payable to members of the retirement system.
Mont. Code Ann. § 19-8-906 — MT Code / Title 19 / Chapter 8 / Part 9 / Section 19-8-906
19-8-906 Service purchase limitation
Status: in_force

19-8-906 . Service purchase limitation. A member may not purchase more than a combined total of 5 years of service credit under 19-8-901 and 19-8-904 .
Mont. Code Ann. § 19-20-102 — MT Code / Title 19 / Chapter 20 / Part 1 / Section 19-20-102
19-20-102 Retirement system -- policy
Status: in_force

19-20-102 . Retirement system -- policy. (1) The state teachers' retirement system created under the provisions of Chapter 87, Laws of 1937, is the state teachers' retirement system of the state of Montana, and the provisions of this chapter do not affect or impair the validity of any action taken by its governing board or the rights of any person arising under the provisions of Chapter 87, Laws of 1937, or any subsequent amendment to this chapter. The state teachers' retirement system is known as "The Teachers' Retirement System of the State of Montana" and in that name shall transact all business of the retirement system, hold its assets in trust, and have the powers and privileges of a corporation that may be necessary to administer the provisions of this chapter.

(2) It is the policy of the state to:

(a) provide equitable retirement benefits to members of the teachers' retirement system based on each member's normal service and salary;

(b) limit the effect on the retirement system of isolated salary increases received by a member, including but not limited to end-of-career promotions or one-time salary enhancements during the member's last years of employment; and

(c) limit the compensation that a retired member may earn after retirement while working in a position that would normally be covered under the teachers' retirement system to the amount determined under 19-20-731 .

(3) It is the policy of the state to ensure that public employees are reported to the correct public retirement system. The retirement system shall enter into memoranda of understanding with the public employees' retirement board to exchange retirement system-related confidential information regarding members, former members, or retirees. A memorandum must state that:

(a) the information may be used only for reasons related to verifying appropriate pension plan participation; and

(b) the requesting retirement system agrees to protect the confidentiality of the information and will disclose the requested information only as necessary to conduct official business.
Mont. Code Ann. § 19-7-805 — MT Code / Title 19 / Chapter 7 / Part 8 / Section 19-7-805
19-7-805 Service purchase limitation
Status: in_force

19-7-805 . Service purchase limitation. A member may not purchase a combined total of more than 5 years of service credit under 19-7-803 and 19-7-804 .
Mont. Code Ann. § 19-3-2122 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2122
19-3-2122 Investment alternatives -- notice of changes -- default fund
Status: in_force

19-3-2122 . Investment alternatives -- notice of changes -- default fund. (1) The board shall provide for at least eight investment alternatives within the defined contribution plan. In providing for the plan's investment alternatives, only a vendor or vendors offering suitable and well-managed investments, licensed to conduct business in Montana, and regulated by the United States securities and exchange commission may be used, unless exempt from the commission's regulation.

(2) The investment alternatives must include at least three that offer plan members the following:

(a) the ability to materially affect the potential return on amounts in the member's retirement account and the degree of risk to which those amounts are subject;

(b) a range of investment alternatives that:

(i) provides sound and diversified funds;

(ii) offers, under each alternative, a materially different risk and return characteristic than found in the other alternatives;

(iii) allows the member or beneficiary to choose among them to achieve a portfolio with an aggregate risk and return characteristic to achieve a point within the risk and return range normally appropriate for the member or beneficiary based on age, income, and individual retirement goals; and

(iv) tends to minimize through diversification the overall risk of large losses.

(3) The investment alternatives may include the investment alternatives offered to members of the state deferred compensation plan pursuant to chapter 50 of this title.

(4) The board shall from time to time review the suitability and management of investment alternatives and may change the alternatives to be offered. The board shall notify affected members of potential changes before any changes become effective.

(5) Assets within each member's retirement account must be invested as directed by the member.

(6) The board shall provide for a balanced fund to be established as a default investment fund. In the case of a member failing to direct how the member's retirement account is to be invested, the member's entire account must be invested in the default fund.

(7) This section does not prohibit the board from contracting with the board of investments established in 2-15-1808 to provide one or more investment alternatives within the plan.
Mont. Code Ann. § 19-20-402 — MT Code / Title 19 / Chapter 20 / Part 4 / Section 19-20-402
19-20-402 Creditable service for employment in out-of-state public and federal schools
Status: in_force

19-20-402 . Creditable service for employment in out-of-state public and federal schools. (1) (a) Subject to 19-20-405 , a vested member who has completed 1 full year of active membership in the retirement system subsequent to the member's out-of-state service and contributes to the retirement system as provided in subsection (2) may receive creditable service in the retirement system for out-of-state service that would have been acceptable under the provisions of this chapter if the service had been performed in the state of Montana.

(b) If the member contributed to a public retirement plan, other than social security, while performing the out-of-state service, the member shall roll the member's contributions over into the retirement system or must receive a refund of the member's contributions for the service before purchasing service under this section.

(c) For the purpose of this section, out-of-state service means service performed:

(i) within the United States in a federal or other public school or institution; and

(ii) outside the United States in a federal or other public or private school or institution.

(2) (a) To purchase the service described in subsection (1)(c)(i), a member who became a member before July 1, 1989, shall contribute for each year of service to be purchased an amount equal to the combined employer and employee contribution for the member's first full year's salary earned in a position reportable to the retirement system after the member's out-of-state service, plus interest. The contribution rate must be the rate in effect at the time the member is eligible for the service.

(b) To purchase the service described in subsection (1)(c)(ii), a member who became a member before July 1, 1989, shall contribute for each year of service to be purchased an amount equal to the combined employer and employee contribution for the member's first full year's teaching salary earned in Montana after the member's out-of-state service or after the salary was reported to the system for the fiscal year beginning July 1, 1989, whichever date is later, plus interest. The contribution rate must be the rate in effect at the time the member is eligible to purchase the service or the rate in effect on July 1, 1989, whichever date is later.

(c) For each year of service to be credited under this section, a member who became a member on or after July 1, 1989, shall contribute the actuarial cost of the service based on the most recent valuation of the system.

(3) The interest on contributions required under subsection (2)(a) must be paid:

(a) if a written application to purchase service was signed prior to July 1, 2012, at the rate that the contributions would have earned had the contributions been in the member's account from the date the member was eligible to purchase the service; or

(b) if a written application to purchase service is signed on or after July 1, 2012, at the actuarially assumed interest rate in effect on the date the written application is signed.

(4) The contributions and interest required under subsection (2) may be made in a lump-sum payment or in installments as agreed between the member and the retirement board.

(5) The provisions of 19-20-405 apply to creditable service purchased under this section.
Mont. Code Ann. § 19-3-2125 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2125
19-3-2125 Death benefits
Status: in_force

19-3-2125 . Death benefits. A plan member's beneficiary must be determined as provided in chapter 2, part 8, of this title. Upon filing a written application with the board after the death of a plan member, the member's beneficiary is entitled to the member's vested account balance subject to this part.
Mont. Code Ann. § 19-20-503 — MT Code / Title 19 / Chapter 20 / Part 5 / Section 19-20-503
19-20-503 Forfeiture of unclaimed account balances or benefits
Status: in_force

19-20-503 . Forfeiture of unclaimed account balances or benefits. (1) A benefit or refund of the member's account balance must be claimed within 5 years after the date of the member's death.

(2) If the benefit or refund is not claimed within the time provided in subsection (1), the member's account balance is forfeited and reverts to the pension trust fund.
Mont. Code Ann. § 19-17-112 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-112
19-17-112 Filing required reports -- limitations
Status: in_force

19-17-112 . Filing required reports -- limitations. (1) The chief or designated official of each fire company that claims eligibility under this chapter shall, on or before September 1 of each year, file with the board an annual certificate, the current year's roster, and a membership card for each new member.

(2) (a) The annual certificate is a form reporting a fire company's membership eligibility for the previous fiscal year.

(b) The annual certificate must be completed on a form prescribed by the board and contain the date of organization of the fire company and the full name and date of birth of each member of the fire company who was a member for the entire fiscal year and who successfully completed 30 hours of training during the preceding fiscal year, as required by 19-17-108 .

(c) The chief or designated official shall subscribe and verify that the fire company and members qualified under 19-17-108 and 19-17-109 .

(d) The board shall maintain the certificate for the purpose of establishing service for members and eligibility for benefits.

(3) The roster must be signed by the fire chief or designated official, filed with the board, and contain information in writing that provides the names of the fire company, its date of organization, officers, and roll of active and inactive members for the current fiscal year. A roster may be updated to report new members but may not be retroactive.

(4) A membership form must be completed and filed with the board for each member who was a member on or before July 1, 2011, and for each new member who joins after July 1, 2011.

(5) The current fire chief shall file any late or amended annual certificates and the associated certified training records within 3 years of the original annual certificate due date. An annual certificate may be amended only once. The board shall consider and may approve filings up to 3 years after the original due date. Information provided to the board by the fire chief must be in accordance with the board's rules.

(6) The current fire chief may request to appear before the board for consideration of the request to file a late or amended annual certificate.
Mont. Code Ann. § 19-5-801 — MT Code / Title 19 / Chapter 5 / Part 8 / Section 19-5-801
19-5-801 Payments upon employment-related death
Status: in_force

19-5-801 . Payments upon employment-related death. (1) Except as provided in subsection (3), if the board finds that a member died as a direct and proximate result of injury received in the course of the member's service or duty, a survivorship benefit must be paid to the member's designated beneficiary.

(2) The survivorship benefit is the member's service retirement benefit standing to the member's credit on the date of death.

(3) If the member was retired at the time of death, the provisions of 19-5-701 and 19-5-802 (2) through (4) apply.
Mont. Code Ann. § 19-20-603 — MT Code / Title 19 / Chapter 20 / Part 6 / Section 19-20-603
19-20-603 Withdrawal from membership -- refund of accumulated contributions -- options
Status: in_force

19-20-603 . Withdrawal from membership -- refund of accumulated contributions -- options. (1) (a) An inactive member may apply at any time to withdraw from membership in the retirement system and receive a refund of the member's accumulated contributions.

(b) An active member may apply to withdraw from membership in the retirement system and receive a refund of the member's accumulated contributions no sooner than 30 days before the date of the member's termination from employment in all positions reportable to the retirement system.

(c) The application must be made on a form or in a manner prescribed by the retirement system and is not complete until all required supporting documentation is provided. The application is void if the documentation is not provided within 60 days after the application date.

(2) The retirement system shall refund a withdrawing member's accumulated contributions after the latest of the following dates:

(a) the last day of the month in which the member terminated employment in all positions reportable to the retirement system;

(b) the last day of the last month for which the employer reported to the retirement system compensation paid to the member; or

(c) the date that the member's application to withdraw is complete.

(3) A member's withdrawal and refund under this section:

(a) is irrevocable after the refund has been processed by the retirement system;

(b) constitutes forfeiture of the member's creditable service and any right to a benefit pursuant to that service;

(c) terminates the member's membership in the retirement system; and

(d) terminates a withdrawn tier one member's status as a tier one member.

(4) An individual who has withdrawn and later returns to employment in a position reportable to the retirement system may purchase the forfeited creditable service as provided in 19-20-427 . However, a tier one member who withdraws and returns to employment in a position reportable to the retirement system must return as a tier two member even if the member purchases the forfeited creditable service.

(5) The withdrawal application of a member is void if the member is reported to the retirement system for current employment in a position reportable to the retirement system before the refund is processed.
Mont. Code Ann. § 19-2-1010 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1010
19-2-1010 Retaining qualified plan status -- content of plan document -- board rulemaking authority
Status: in_force

19-2-1010 . Retaining qualified plan status -- content of plan document -- board rulemaking authority. (1) The board shall administer the plan in the manner required to satisfy the applicable qualification requirements for a qualified governmental plan, as provided in the Internal Revenue Code. If a statutory provision affecting a retirement plan administered by the board conflicts with a qualification requirement in section 401 of the Internal Revenue Code or the retirement plan's status as a governmental plan under section 414(d) of the Internal Revenue Code and with consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements and allow the plan to retain its qualified status.

(2) For the purposes of section 401(a) of the Internal Revenue Code, the plan document for each retirement system is composed of the applicable provisions of the Montana constitution, this chapter, the applicable chapter in Title 19 governing the system, and applicable rules, policies, and plan documents adopted by the board.

(3) The board may adopt rules to implement this section.
Mont. Code Ann. § 19-19-501 — MT Code / Title 19 / Chapter 19 / Part 5 / Section 19-19-501
19-19-501 Service retirement allowance
Status: in_force

19-19-501 . Service retirement allowance. When a police officer is transferred from the active list to the retired list of a city, the officer must receive monthly payments from the city's police retirement fund, as follows:

(1) A police officer who is eligible under 19-19-401 (1) or (2) and does not elect to serve any additional years as an active police officer must receive a sum equal to one-half the base salary, excluding overtime and payments in lieu of sick leave and annual leave, that the officer was receiving as an active officer computed on the highest salary received in any 1 month during the last year of active service.

(2) A police officer who is eligible after 20 years of service and who elects to serve additional years must receive the payment provided for in subsection (1) plus an additional 1% of the payment for each year of additional service, up to a maximum of 60% of the base salary, excluding overtime and payments in lieu of sick leave and annual leave, that the officer was receiving as an active officer computed on the highest salary received in any 1 month during the last year of active service.
Mont. Code Ann. § 19-18-602 — MT Code / Title 19 / Chapter 18 / Part 6 / Section 19-18-602
19-18-602 Service pension
Status: in_force

19-18-602 . Service pension. (1) Each association shall pay, out of its disability and pension fund, a service pension to a member who elects to retire from active service after having completed 20 years or more of active duty and who has reached 50 years of age as a fully paid member of a paid or partly paid and partly volunteer fire department of the city or town in which the association was formed. The pension must be equal to one-half of the sum last received by the member as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for the member's services as an active member of the fire department.

(2) Effective July 1, 1974, a member who completes 20 years of service and elects to serve additional years must receive the pension provided for in subsection (1) increased at the rate of 1% a year for each additional year of service completed, up to a maximum of 60% of the sum last received by the member as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for services as an active member of the fire department. A member is not eligible to receive a service pension prior to attaining 50 years of age.

(3) (a) The monthly pension paid to members retiring on or after July 1, 1973, must be at least one-half the regular monthly salary, excluding overtime and payments in lieu of sick leave and annual leave, paid to a confirmed active firefighter of that city, as provided each year in the budget of that city. The monthly pension paid to a member retiring prior to July 1, 1974, must be at least $200.

(b) In the case of volunteer firefighters, the pension may be set by the board of trustees of the association, but may not exceed $225 a month, except that the pension may be set by the board of trustees of an association and a city at an amount not to exceed $300 a month if the association's fund is soundly funded as provided in 19-18-503 .

(4) As of July 1, 1977, a member is not eligible to receive a service pension under this section unless the member is making a monthly contribution to the disability and pension fund, as required by 19-18-501 , and is on active duty as a fully paid member of a fire department when the member reaches 50 years of age.

(5) A member of a pure volunteer fire department who has served 20 years or more as an active member of the fire department is entitled to the benefits provided for in this chapter regardless of age. A member of a pure volunteer fire department who has completed 10 years of service as an active member of the fire department but who is prevented from completing 20 years of service by dissolution or discontinuance of the member's volunteer fire department, personal relocation because of transfer or loss of employment, personal disability, or any other factor beyond the member's reasonable control may qualify for a partial or reduced pension in an amount and to the extent determined by the board of trustees of the association, regardless of age.
Mont. Code Ann. § 19-8-603 — MT Code / Title 19 / Chapter 8 / Part 6 / Section 19-8-603
19-8-603 Service retirement benefit
Status: in_force

19-8-603 . Service retirement benefit. The service retirement benefit is equal to 2.5% of the member's highest average compensation for each year of service credit.
Mont. Code Ann. § 19-3-1104 — MT Code / Title 19 / Chapter 3 / Part 11 / Section 19-3-1104
19-3-1104 Cancellation of disability retirement benefit upon reemployment
Status: in_force

19-3-1104 . Cancellation of disability retirement benefit upon reemployment. A person receiving a disability retirement benefit who becomes an employee is considered reinstated to service from retirement, and the person's disability retirement benefit must be canceled.
Mont. Code Ann. § 19-17-501 — MT Code / Title 19 / Chapter 17 / Part 5 / Section 19-17-501
19-17-501 Eligibility for medical and funeral expenses
Status: in_force

19-17-501 . Eligibility for medical and funeral expenses. (1) To qualify for medical expenses under 19-17-502 , a volunteer firefighter must be a member of an eligible fire company that is not covered by workers' compensation insurance and must be listed on the fire company roster in the year when the injury or illness occurs. The injury or illness must have occurred in the line of duty, as described in 19-17-105 .

(2) To qualify for funeral expenses under 19-17-503 , a volunteer firefighter must, at the time of death, be a member of an eligible fire company and must be listed on the fire company roster in the year the death occurs. The death must have occurred in the line of duty, as described in 19-17-105 .
Mont. Code Ann. § 19-20-410 — MT Code / Title 19 / Chapter 20 / Part 4 / Section 19-20-410
19-20-410 Creditable service for extension service employment
Status: in_force

19-20-410 . Creditable service for extension service employment. (1) (a) Subject to 19-20-405 , at any time before retirement, a vested member may file a written application with the retirement board to purchase up to 5 years of employment service with the Montana cooperative extension service if:

(i) the member became a member of the retirement system before July 1, 1989;

(ii) the service involved instructional service at a unit of the Montana university system; and

(iii) the member received a refund of membership contributions under the civil service retirement system or the federal employees' retirement system for the service to be purchased.

(b) For each year of service to be purchased under subsection (1)(a), the member shall contribute to the retirement system an amount equal to the combined employer and employee contribution rate in effect at the time that the member is eligible to purchase the service multiplied by the member's first full year's salary earned in a position reportable to the retirement system subsequent to the member's extension service employment, plus interest paid as follows:

(i) if a written application to purchase service was signed prior to July 1, 2012, at the rate that the contribution would have earned had the contribution been in the member's account upon the member becoming vested; or

(ii) if a written application to purchase service is signed on or after July 1, 2012, at the actuarially assumed interest rate in effect on the date the written application is signed.

(2) In addition to service purchased under subsection (1) and subject to 19-20-407 , a member who has purchased 5 years or more of creditable service in the retirement system may purchase additional years of cooperative extension service by contributing to the system the full actuarial cost of the service.

(3) Contributions to purchase service under this section may be made in a lump-sum payment or in installments as agreed upon by the member and the retirement board.
Mont. Code Ann. § 19-20-1009 — MT Code / Title 19 / Chapter 20 / Part 10 / Section 19-20-1009
19-20-1009 Payment to minor child -- opportunity to name custodian
Status: in_force

19-20-1009 . Payment to minor child -- opportunity to name custodian. (1) The retirement system may not make a payment directly to an individual who is less than 21 years of age.

(2) The retirement system shall make a payment to which a minor child is entitled by making the payment to an entity or adult designated as a custodian for the minor child pursuant to the Montana Uniform Transfers to Minors Act or to a person or entity designated by court order as legal guardian or conservator for the minor child.

(3) If a custodian for the child has not been designated, the retirement system shall withhold payment of any amount until the minor child attains 21 years of age or until a court order of guardianship or conservatorship is issued on behalf of the child.
Mont. Code Ann. § 19-3-515 — MT Code / Title 19 / Chapter 3 / Part 5 / Section 19-3-515
19-3-515 Purchase of federal volunteer service
Status: in_force

19-3-515 . Purchase of federal volunteer service. (1) Subject to 19-3-514 , a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase membership service and service credit for up to 5 years of the member's service as a volunteer in a United States service program, such as the peace corps, or successful completion of a term of service in a national service position as described in the National and Community Service Act of 1990, 42 U.S.C. 12501, et seq.

(2) Purchase of membership service and service credit under this section is subject to the board's verification of the member's volunteer service.

(3) To purchase this membership service and service credit, the member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation.
Mont. Code Ann. § 19-17-606 — MT Code / Title 19 / Chapter 17 / Part 6 / Section 19-17-606
19-17-606 Time disability benefits commence
Status: in_force

19-17-606 . Time disability benefits commence. The disability retirement benefit payable pursuant to this part must commence on the first day of the month following the member's termination from service but may not commence prior to the date of the board's decision regarding any disputed credited years of service pursuant to 19-17-201 .
Mont. Code Ann. § 19-1-705 — MT Code / Title 19 / Chapter 1 / Part 7 / Section 19-1-705
19-1-705 Deduction of employee contribution by political subdivision
Status: in_force

19-1-705 . Deduction of employee contribution by political subdivision. (1) Each political subdivision required to make payment under 19-1-704 shall, in consideration of the employee's retention in or entry into employment impose upon each of its employees, as to services that are covered by an approved plan, a contribution with respect to wages, not exceeding the amount of the employee tax that would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that act and shall deduct the amount of the contributions from wages paid.

(2) Contributions collected partially discharge the liability of the political subdivision or instrumentality under 19-1-704 . Failure to deduct the contribution does not relieve the employee or employer of liability for the contributions.
Mont. Code Ann. § 19-3-2131 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2131
19-3-2131 Terminated
Status: in_force

19-3-2131 . Terminated. Sec. 81(2), Ch. 471, L. 1999.
Mont. Code Ann. § 19-19-502 — MT Code / Title 19 / Chapter 19 / Part 5 / Section 19-19-502
19-19-502 Disability retirement allowance
Status: in_force

19-19-502 . Disability retirement allowance. When a police officer is transferred from the active list to the retired list of a city, the officer must receive monthly payments from the city's police retirement fund, as follows:

(1) A police officer who is eligible under 19-19-402 before completing 20 years of service must receive a sum equal to one-half the base salary, excluding overtime and payments in lieu of sick leave and annual leave, that the officer was receiving as an active officer computed on the highest salary received in any 1 month during the last year of active service.

(2) A police officer who is placed on the retired list under 19-19-402 and who, at the time of injury or disability, was eligible at the officer's option to be placed on the retired list under 19-19-401 (1) or (2) but had elected to serve additional years and was then serving the additional years must be paid for the additional years over the officer's original eligibility at the rate prescribed in 19-19-501 (2).
Mont. Code Ann. § 19-20-903 — MT Code / Title 19 / Chapter 20 / Part 9 / Section 19-20-903
19-20-903 Medical examination of disability retiree
Status: in_force

19-20-903 . Medical examination of disability retiree. (1) Once each year during the first 5 years following the retirement of a member on a disability retirement allowance and once in every 3-year period afterward, the retirement board may require a disability benefit recipient who has not yet attained the age of 60 to undergo a medical examination by a physician, psychologist, or any other health care provider or other professional determined by the retirement board to be qualified, competent, and necessary to assist the board in making the disability determination. The examination must be made at the place of residence of the benefit recipient or other place mutually agreed on. Based on the examination, the board shall determine whether the disabled member is unable, by reason of physical or mental incapacity, to perform the essential elements of the position held by the member when the member retired. If the board determines that the member is not incapacitated, the member's retirement benefit must be canceled. If the member disagrees with the board's determination, the member may request the board to reconsider its action. The request for reconsideration must be made in writing within 60 days after the receipt of the notice of the status change.

(2) A member whose disability retirement benefit is canceled because the board has determined that the member is no longer incapacitated must be given preference by the member's former employer for the position held at the time of retirement or for a comparable position that becomes available within 1 year of cancellation of the disability retirement. The member may agree to accept an offer of employment by an employer. Employment in any capacity by an employer terminates any right granted by this section. The fact that the former employee was retired on disability may not prejudice any right to reinstatement to duty that the former employee may have or claim to have. This section does not affect any requirement for the former employee to meet or to be able to meet professional certification and licensing standards unrelated to the previous disability, otherwise necessary for reinstatement to duty.

(3) If a disability benefit recipient who has not yet attained the age of 60 refuses to submit to a medical examination as required in subsection (1), the recipient's allowance may be discontinued until withdrawal of the refusal. If a refusal continues for 1 year, all rights in and to a disability pension may be revoked by the retirement board.
Mont. Code Ann. § 19-13-1102 — MT Code / Title 19 / Chapter 13 / Part 11 / Section 19-13-1102
19-13-1102 Refunds and benefits for reemployed retired members
Status: in_force

19-13-1102 . Refunds and benefits for reemployed retired members. (1) A retired member who returns to active service pursuant to 19-13-1101 (2) and accrues less than 5 years of service credit before again terminating service:

(a) may not be awarded service credit for the period of reemployment;

(b) must, upon termination of service and pursuant to 19-2-602 , receive a refund of the member's accumulated contributions associated with the service credit accrued upon returning to active service; and

(c) starting the first month following termination of service, must receive the same retirement benefit amount paid to the member in the month immediately prior to returning to active service.

(2) A retired member who returns to active service pursuant to 19-13-1101 (2) and accrues at least 5 years of service credit before again terminating service must receive, starting the first month following termination of service:

(a) the same retirement benefit amount paid to the member in the month immediately prior to returning to active service; and

(b) a second retirement benefit calculated for the period of reemployment under 19-13-704 and the laws in effect as of the member's rehire date.

(3) Postretirement benefit adjustments will start to accrue as follows:

(a) for benefits under subsections (1)(c) and (2)(a), an eligible member is entitled to:

(i) a minimum benefit adjustment pursuant to 19-13-1007 when, immediately following the member's termination of service or retirement, whichever is applicable, a minimum benefit adjustment is granted to all eligible covered retirees; or

(ii) a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January immediately following the member's termination of service or retirement, whichever is applicable;

(b) for benefits under subsection (2)(b), an eligible member is entitled to a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January after the member has received the second retirement benefit for at least 12 months.

(4) A retired member who returns to active service pursuant to 19-13-1101 (2) following retirement:

(a) is not eligible for a disability retirement; and

(b) may not accrue the postretirement benefit adjustments provided for in part 10 of this chapter during the member's term of reemployment.
Mont. Code Ann. § 19-9-411 — MT Code / Title 19 / Chapter 9 / Part 4 / Section 19-9-411
19-9-411 Application to purchase additional service
Status: in_force

19-9-411 . Application to purchase additional service. (1) Subject to 19-9-406 , a member with at least 5 years of membership service may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service.

(2) To purchase service credit under this section, a member shall pay the actuarial cost of the service, based on the system's most recent actuarial valuation as determined by the board.

(3) Service credit purchased under this section is not membership service and may not be used to qualify a member for retirement or in the calculation of an actuarial reduction in benefits for a member who is not eligible for service retirement.
Mont. Code Ann. § 19-6-1008 — MT Code / Title 19 / Chapter 6 / Part 10 / Section 19-6-1008
19-6-1008 Distribution of DROP benefit
Status: in_force

19-6-1008 . Distribution of DROP benefit. (1) Upon termination of service, a participant is entitled to:

(a) receive a lump-sum distribution of the participant's DROP benefit;

(b) roll the participant's DROP benefit into another eligible retirement plan in a manner prescribed and authorized by the board; or

(c) any other distribution or method of payment of the DROP benefit approved by the board.

(2) A distribution pursuant to this section is subject to the provisions of 19-2-907 and 19-2-909 and all other applicable provisions of Title 19 and the Internal Revenue Code.
Mont. Code Ann. § 19-18-514 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-514
19-18-514 State treasurer to pay warrants
Status: in_force

19-18-514 . State treasurer to pay warrants. The state treasurer shall, upon the presentation of a warrant drawn pursuant to this chapter, pay to the treasurer of the city or town, out of money in the state special revenue fund dedicated for that purpose, the amount of the warrant, which amount must be paid by the city treasurer to the fire department relief association.
Mont. Code Ann. § 19-17-407 — MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-407
19-17-407 Exemption from legal process
Status: in_force

19-17-407 . Exemption from legal process. (1) Except as provided in 19-2-907 , 19-2-909 , and subsection (2) of this section, benefits received under this part are not subject to execution, garnishment, attachment, or any other process.

(2) The right of a person to any benefit or payment and the money in the plan's pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:

(a) a United States tax lien or levy for past-due taxes; and

(b) execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. 3613.
Mont. Code Ann. § 19-3-2104 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2104
19-3-2104 Board powers and duties -- rulemaking
Status: in_force

19-3-2104 . Board powers and duties -- rulemaking. (1) The board has the powers and shall perform the duties regarding the defined contribution plan as provided in 19-2-403 , as applicable. The board may also exercise the powers and shall perform the duties provided in this chapter.

(2) The board shall, in accordance with the Montana Administrative Procedure Act, adopt rules necessary for the implementation of this part and other applicable sections in chapters 2 and 3 of this title.
Mont. Code Ann. § 19-5-106 — MT Code / Title 19 / Chapter 5 / Part 1 / Section 19-5-106
19-5-106 Judges' retirement system benefit policy statement
Status: in_force

19-5-106 . Judges' retirement system benefit policy statement. It is the policy of the state that additional benefits may not be added to the judges' retirement system unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
Mont. Code Ann. § 19-3-1212 — MT Code / Title 19 / Chapter 3 / Part 12 / Section 19-3-1212
19-3-1212 Nonapplication of part to defined contribution plan
Status: in_force

19-3-1212 . Nonapplication of part to defined contribution plan. Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
Mont. Code Ann. § 19-50-203 — MT Code / Title 19 / Chapter 50 / Part 2 / Section 19-50-203
19-50-203 Payments authorized
Status: in_force

19-50-203 . Payments authorized. Notwithstanding any other provision of law to the contrary, the board or a political subdivision is hereby authorized to make payments to eligible deferred compensation plans designated by this chapter. Such payments shall not be construed to be a prohibited use of the general assets of the state or a political subdivision.
Mont. Code Ann. § 19-13-205 — MT Code / Title 19 / Chapter 13 / Part 2 / Section 19-13-205
19-13-205 Terminated
Status: in_force

19-13-205 . Terminated. Sec. 7, Ch. 328, L. 1987.
Mont. Code Ann. § 19-13-213 — MT Code / Title 19 / Chapter 13 / Part 2 / Section 19-13-213
19-13-213 Excess unfunded liabilities of prior plans
Status: in_force

19-13-213 . Excess unfunded liabilities of prior plans. (1) The legislature finds and declares that many cities operating under prior plans have excess and unfunded liabilities, and the liabilities cannot be amortized by the percentage contributions set forth in this chapter.

(2) The board shall, within 6 months after a city is granted membership in the retirement system, determine the excess and unfunded liability of the city's previous plan. If the board determines that the city has an excess and unfunded liability under a previous plan that is not funded by sums on deposit or funds available for deposit in the pension trust fund, the city shall pay an additional sum over a period of time to amortize the city's excess liability.
Mont. Code Ann. § 19-6-404 — MT Code / Title 19 / Chapter 6 / Part 4 / Section 19-6-404
19-6-404 State employer contribution -- statutory appropriation
Status: in_force

19-6-404 . State employer contribution -- statutory appropriation. (1) The state shall pay as employer contributions 38.33% of compensation paid to all of the employer's employees, except those properly excluded from membership, from the following sources:

(a) an amount equal to 28.15% of the total compensation of the members, which is payable, as appropriated by the legislature, from the same sources that are used to pay compensation to the members; and

(b) an amount equal to 10.18% of the total compensation of the members, which is statutorily appropriated, as provided in 17-7-502 , from the general fund.

(2) Beginning July 1, 2023, and each fiscal year thereafter, the state treasurer shall transfer $500,000 from the state special revenue fund provided for in 17-2-102 to the highway patrol officers' retirement pension trust fund by August 15. This transfer must terminate when the public employees' retirement board's actuary determines that the funded ratio for the highway patrol officers' pension system is 100% funded.

(3) (a) Subject to subsection (4), the state shall contribute to the system an additional employer contribution equal to the percentage specified in subsection (3)(b) of the compensation paid to all of the employer's employees, except for those properly excluded from membership.

(b) The percentage of compensation to be contributed under subsection (3)(a) is 0.1% for fiscal year 2026 and increases by 0.1% each fiscal year through fiscal year 2035. For fiscal years beginning after June 30, 2035, the percentage of compensation to be contributed under subsection (3)(a) is 1%.

(4) (a) The board shall review annually the additional employer contribution provided for under subsection (3) and recommend adjustments to the legislature as needed to maintain the amortization schedule set by the board for payment of the system's unfunded liabilities.

(b) The employer contribution required under subsection (3) terminates on July 1 following the board's receipt of the system's actuarial valuation if the actuarial valuation determines that terminating the additional employer contribution pursuant to this subsection (4)(b) would not cause the amortization period to exceed 25 years.
Mont. Code Ann. § 19-3-1605 — MT Code / Title 19 / Chapter 3 / Part 16 / Section 19-3-1605
19-3-1605 Guaranteed annual benefit adjustment
Status: in_force

19-3-1605 . Guaranteed annual benefit adjustment. (1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by the applicable percentage provided in subsection (4).

(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than an annualized increase of the applicable percentage provided in subsection (4), then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of the applicable percentage in the benefit paid since the preceding January.

(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than an annualized increase of the applicable percentage provided in subsection (4), then the benefit increase provided under this section must be 0%.

(c) If a benefit recipient is a contingent annuitant receiving an optional benefit upon the death of the original payee that occurred since the preceding January, the new recipient's monthly benefit must be increased to the applicable percentage provided in subsection (4)(b) more than the amount that the contingent annuitant would have received had the contingent annuitant received a benefit during the preceding January.

(3) Except as provided in subsection (2)(b), a benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made.

(4) (a) The applicable percentage increase under subsection (1) is 3% if the member was hired or assumed office:

(i) before July 1, 2007; or

(ii) on or after July 1, 2007, and before July 1, 2013, and the benefit recipient is a member of a retirement system provided for in this title, and the guaranteed annual benefit adjustment provision for that member under that system is a 3% benefit increase.

(b) The applicable percentage increase under subsection (1) is 1.5% if the member was hired or assumed office on or after July 1, 2007, and before June 30, 2013, and the benefit recipient is not otherwise covered under subsection (4)(a)(ii).

(c) The applicable percentage increase under subsection (1) is 1.5% if the member was hired or assumed office on or after July 1, 2013, subject to reduction as provided in subsection (5).

(5) (a) Except as provided in subsection (5)(b), if the most recent actuarial valuation of the retirement system shows that retirement system liabilities are less than 90% funded, the applicable percentage increase in subsection (4)(c) must be reduced by 0.1% for each 2% below that 90% funding level.

(b) If the amortization period is 40 years or greater, the applicable percentage increase in subsection (4)(c) must be reduced to 0% and the retirement allowance may not be increased.

(6) The board shall adopt rules to administer the provisions of this section.
Mont. Code Ann. § 19-17-113 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-113
19-17-113 Corrections, audits, and penalties
Status: in_force

19-17-113 . Corrections, audits, and penalties. (1) If fraud or error results in a member, surviving spouse, or dependent child receiving more or less of a benefit than that to which the member, surviving spouse, or dependent child is entitled, then on the discovery of the error the board shall correct the credit for service and, if necessary, equitably adjust the payments.

(2) The board may require a fire company to furnish additional information concerning members in connection with an audit or a claim for benefits or service.

(3) Upon discovery of falsified information, the fire company shall submit any and all requested documentation to the board.

(4) A person required to make a statement or affidavit by this chapter who willfully falsifies the statement or affidavit or a person who files a false claim under this chapter is guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding $1,000 or be imprisoned for a term not exceeding 1 year, or both.
Mont. Code Ann. § 19-3-512 — MT Code / Title 19 / Chapter 3 / Part 5 / Section 19-3-512
19-3-512 Purchase of service credit from other public retirement systems
Status: in_force

19-3-512 . Purchase of service credit from other public retirement systems. (1) Subject to 19-3-514 , a member with at least 5 years of membership service in the public employees' retirement system may purchase service credit for:

(a) public service employment covered under a public retirement system other than a system provided for in Title 19 for which the member received a refund of the member's membership contribution; and

(b) public service employment that occurred before the public employer adopted a public retirement system.

(2) A member may not purchase more than 5 years of service credit under this section. To purchase this service credit, a member shall:

(a) at any time before retirement, file a written application with the board; and

(b) pay the actuarial cost of the service credit in the public employees' retirement system, as determined by the board, based on the system's most recent actuarial valuation.

(3) Service credit purchased under this section may not be used in calculating a member's retirement benefit unless the member's last 5 years of service credit were earned under the public employees' retirement system. If, upon the member's retirement, the member's purchased service credit cannot be used in calculating the member's retirement benefit, the member must receive a refund of the amount paid to purchase the service credit, plus regular interest on that amount.
Mont. Code Ann. § 19-7-106 — MT Code / Title 19 / Chapter 7 / Part 1 / Section 19-7-106
19-7-106 Sheriffs' retirement system benefit policy statement
Status: in_force

19-7-106 . Sheriffs' retirement system benefit policy statement. It is the policy of the state that additional benefits may not be added to the sheriffs' retirement system unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
Mont. Code Ann. § 19-1-702 — MT Code / Title 19 / Chapter 1 / Part 7 / Section 19-1-702
19-1-702 Contributions by state employees
Status: in_force

19-1-702 . Contributions by state employees. (1) Every employee of the state whose services are covered by an agreement entered into under 19-1-401 and 19-1-402 must be required to pay, for the period of coverage, contributions with respect to wages equal to the amount of employee tax that would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that act. The liability arises in consideration of the employee's retention in the service of the state or entry into service.

(2) The contribution imposed by this section must be collected by deducting the amount of the contribution from wages paid, but failure to make the deduction does not relieve the employee from liability for the contribution.

(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or a refund if adjustment is impracticable must be made, without interest, in the manner and at times that the department prescribes.