Mont. Code Ann. § 19-5-612 — MT Code / Title 19 / Chapter 5 / Part 6 / Section 19-5-612
19-5-612 Medical examination of disability retiree -- cancellation of benefit
Status: in_force

19-5-612 . Medical examination of disability retiree -- cancellation of benefit. (1) The board, in its discretion, may require the recipient of a disability retirement benefit to undergo a medical examination. The examination must be made by a board-approved physician or surgeon at a place mutually agreed on by the board, the disabled member, and the physician or surgeon and at the board's expense. Upon the basis of the examination, the board shall determine, by reason of physical or mental capacity, whether the recipient can perform the essential elements of the position held by the recipient when the recipient was retired. If the board determines that the recipient is not incapacitated or if the recipient refuses to submit to a medical examination, the recipient's disability retirement benefit must be canceled.

(2) The cancellation of a disability retirement benefit because a recipient is no longer incapacitated may not prejudice any right of the recipient to a retirement benefit other than a disability retirement benefit.

(3) If a disabled member who is receiving a disability retirement benefit independently determines that the member is no longer disabled as that term is defined in 19-2-303 and returns to covered employment, the member shall immediately notify retirement system administrative staff so that the member's disability retirement benefit is canceled.
Mont. Code Ann. § 19-2-409 — MT Code / Title 19 / Chapter 2 / Part 4 / Section 19-2-409
19-2-409 Plans to be funded on actuarially sound basis -- definition
Status: in_force

19-2-409 . Plans to be funded on actuarially sound basis -- definition. (1) As required by Article VIII, section 15, of the Montana constitution, each system must be funded on an actuarially sound basis. For the purposes of this section, "actuarially sound basis" means that contributions to each retirement plan must be sufficient to pay the full actuarial cost of the plan.

(2) (a) For a defined benefit plan, the full actuarial cost includes both the normal cost of providing benefits as they accrue in the future and the cost of amortizing unfunded liabilities over a scheduled period of no more than 30 years.

(b) For the defined contribution plan, the full actuarial cost is the contribution defined by law that is payable to an account on behalf of the member.
Mont. Code Ann. § 19-21-214 — MT Code / Title 19 / Chapter 21 / Part 2 / Section 19-21-214
19-21-214 Contributions and allocations for employees in positions covered under public employees' retirement system
Status: in_force

19-21-214 . Contributions and allocations for employees in positions covered under public employees' retirement system. (1) The contribution rates for employees in positions covered under the public employees' retirement system who elect to become program members pursuant to 19-3-2112 are as follows:

(a) the member's contribution rate must be the rate provided in 19-3-315 ; and

(b) the employer's contribution rate must be the rate provided in 19-3-316 .

(2) Subject to subsections (3) and (4), of the employer's contribution received under 19-3-316 :

(a) an amount equal to:

(i) 4.49% of compensation must be allocated to the participant's program account;

(ii) 2.37% of compensation must be allocated to the defined benefit plan under the public employees' retirement system as the plan choice rate; and

(iii) 0.04% of compensation must be allocated to the education fund pursuant to 19-3-112 (1)(b);

(b) on July 1, 2009, continuing until the additional employer contributions terminate pursuant to 19-3-316 (4)(b), an amount equal to 0.27% of compensation must be allocated to the defined benefit plan to eliminate the plan choice rate unfunded actuarial liability;

(c) on July 1, 2013, and continuing until June 30, 2015, an amount equal to 1% of compensation must be allocated to the defined benefit plan unfunded liabilities; and

(d) on July 1, 2015, and continuing until the plan choice rate unfunded actuarial liability in the defined benefit plan is fully paid, an amount equal to 1% of compensation must be allocated to the defined benefit plan as part of the plan choice rate. Effective the first full pay period in the month following the board's verification that the plan choice rate unfunded actuarial liability is paid off, the amount equal to 1% of compensation must be allocated to the member's retirement account until the additional employer contributions terminate pursuant to 19-3-316 (4)(b).

(3) The percentage of compensation amount to be allocated under subsection (2)(b) must be increased by 0.1% each fiscal year through fiscal year 2024. For fiscal years beginning after June 30, 2024, the percentage of compensation amount to be allocated under subsection (2)(b) must be 1.27%.

(4) Effective the first full pay period in the month following the board's verification that the plan choice rate unfunded actuarial liability is paid off, amounts equal to the 2.37% of compensation in subsection (2)(a)(ii) and the percentage of compensation in subsection (2)(b), if any, must be allocated to the member's retirement account.
Mont. Code Ann. § 19-20-216 — MT Code / Title 19 / Chapter 20 / Part 2 / Section 19-20-216
19-20-216 Board to make special report
Status: in_force

19-20-216 . Board to make special report. As soon as possible after the completion of each annual actuarial valuation for the teachers' retirement system, the board shall have its actuary present a detailed actuarial report in accordance with 5-11-210 to the legislative finance committee and to the state administration and veterans' affairs interim committee. The actuarial report must provide a trend analysis of the system's actual and projected progress toward 100% funding. The reporting requirement may be addressed in reports provided in accordance with 19-20-201 .
Mont. Code Ann. § 19-19-504 — MT Code / Title 19 / Chapter 19 / Part 5 / Section 19-19-504
19-19-504 Protection of benefits from legal process
Status: in_force

19-19-504 . Protection of benefits from legal process. Except for execution or withholding for the payment of child support or for the payment of spousal support for a spouse or former spouse who is the custodial parent of the child, the benefits provided for in this part are not subject to execution, garnishment, attachment, or the operation of bankruptcy, insolvency, or other process of law and are unassignable except as specifically provided in 19-19-505 .
Mont. Code Ann. § 19-13-301 — MT Code / Title 19 / Chapter 13 / Part 3 / Section 19-13-301
19-13-301 Active membership -- inactive vested member -- inactive nonvested member
Status: in_force

19-13-301 . Active membership -- inactive vested member -- inactive nonvested member. (1) A full-paid firefighter becomes an active member of the retirement system:

(a) on the first day of the firefighter's service with an employer;

(b) on July 1, 1981, if the firefighter is employed by an employer on that date; or

(c) in the case of an employer who elects to join the retirement system, as provided in 19-13-211 , on the effective date of the election if the firefighter is employed by the employer on that date.

(2) Upon becoming eligible for membership, the firefighter shall complete the forms and furnish any proof required by the board.

(3) A part-paid firefighter may elect to become a member of the retirement system by filing an irrevocable written election with the board within 90 days of becoming a part-paid firefighter.

(4) An active member becomes an inactive member upon the occurrence of the earliest of the following:

(a) the date on which the member ceases service with an employer;

(b) the 31st day of an approved absence from active duty with an employer; or

(c) the date on which the member ceases to be employed because of a reduction of the number of firefighters in the fire department as provided in 7-33-4125 .

(5) (a) An inactive member 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 retirement benefit under the provisions of this chapter.

(b) If an inactive vested member 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.

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

(b) An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.
Mont. Code Ann. § 19-8-1003 — MT Code / Title 19 / Chapter 8 / Part 10 / Section 19-8-1003
19-8-1003 Nonduty-related death of active member
Status: in_force

19-8-1003 . Nonduty-related death of active member. (1) If a vested member dies before reaching normal retirement age, the member's designated beneficiary may choose either a lump-sum refund of the member's accumulated contributions or the actuarial equivalent of the service retirement benefit provided for in 19-8-603 .

(2) If a nonvested member dies before reaching normal retirement age, the member's designated beneficiary is entitled to a lump-sum refund of the accumulated contributions standing to the member's credit at the time of the member's death.
Mont. Code Ann. § 19-7-301 — MT Code / Title 19 / Chapter 7 / Part 3 / Section 19-7-301
19-7-301 Membership -- inactive vested members -- inactive nonvested members
Status: in_force

19-7-301 . Membership -- inactive vested members -- inactive nonvested members. (1) (a) Except as provided in subsection (1)(b), each sheriff shall become a member of the sheriffs' retirement system.

(b) A sheriff who was a member of the public employees' retirement system on July 1, 1974, may remain a public employees' retirement system member or elect to become a member of the sheriffs' retirement system by filing a written election with the board at any time before retirement.

(2) (a) Except as provided in subsection (2)(b), an investigator shall become a member of the sheriffs' retirement system.

(b) An investigator who was a member of the public employees' retirement system on July 1, 1993, may remain in the public employees' retirement system or elect to become a member of the sheriffs' retirement system by filing a written election with the board at any time before retirement.

(3) (a) Except as provided in subsection (3)(b), a detention officer shall become a member of the sheriffs' retirement system.

(b) A detention officer who was a member of the public employees' retirement system on July 1, 2005, may remain in the public employees' retirement system or elect to become a member of the sheriffs' retirement system by filing a written election with the board before May 1, 2006.

(4) A member of the public employees' retirement system who begins employment in a position covered by the sheriffs' retirement system may remain in the public employees' retirement system or may elect to become a member of the sheriffs' retirement system by filing a written election with the board no later than 90 days after beginning the employment.

(5) Failure to make an election as provided in subsection (4) is considered an election to remain in the public employees' retirement system.

(6) A sheriff, investigator, or detention officer who elects to become a member of the sheriffs' retirement system must be an active member as long as actively employed in an eligible capacity, except as provided in 19-7-1101 (2).

(7) (a) An inactive member 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 retirement benefit under the provisions of this chapter.

(b) If an inactive vested member 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.

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

(b) An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.
Mont. Code Ann. § 19-17-412 — MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-412
19-17-412 Return to service
Status: in_force

19-17-412 . Return to service. (1) A retired member may return to service with a fire company without loss of benefits.

(2) A retired member returning to service under this section is not considered an active member of the fire company and may not earn any additional credit for service.

(3) The fire chief shall prescribe the duties of any retired member returning to service.
Mont. Code Ann. § 19-13-214 — MT Code / Title 19 / Chapter 13 / Part 2 / Section 19-13-214
19-13-214 Taxing authority of employers
Status: in_force

19-13-214 . Taxing authority of employers. For the purpose of making contributions required of a city under this chapter, the appropriate authority of the city may, subject to 15-10-420 , levy a tax that along with other revenue available for that purpose is sufficient to meet the demand.
Mont. Code Ann. § 19-13-101 — MT Code / Title 19 / Chapter 13 / Part 1 / Section 19-13-101
19-13-101 Short title
Status: in_force

19-13-101 . Short title. This chapter may be cited as the "Montana Firefighters' Unified Retirement Act".
Mont. Code Ann. § 19-3-2123 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2123
19-3-2123 Payout of vested account balances when terminating plan membership
Status: in_force

19-3-2123 . Payout of vested account balances when terminating plan membership. Except as provided in 19-3-2142 , any time after termination of service, a member or the member's beneficiary may terminate plan membership by filing a written application with the board and removing the member's vested account balance from the plan through any combination of the following payout options, each of which is subject to applicable regulations of the internal revenue service:

(1) a direct rollover to an eligible retirement plan, which includes an individual retirement account or annuity and, effective January 1, 2008, a Roth IRA provided for in section 408A of the Internal Revenue Code, 26 U.S.C. 408A, pursuant to section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31);

(2) a regular rollover to an eligible retirement plan pursuant to section 402(c) of the Internal Revenue Code, 26 U.S.C. 402(c); or

(3) a lump-sum distribution of the member's vested account balance.
Mont. Code Ann. § 19-20-735 — MT Code / Title 19 / Chapter 20 / Part 7 / Section 19-20-735
19-20-735 Reemployment of certain retirees by superintendent of public instruction -- procedure -- definitions
Status: in_force

19-20-735 . (Temporary) Reemployment of certain retirees by superintendent of public instruction -- procedure -- definitions. (1) Subject to the provisions of this section:

(a) a retired member of the teachers' retirement system who has been receiving a retirement allowance for no less than 2 months, except for a disability retirement allowance pursuant to Title 19, chapter 20, part 6, may be employed in a position reportable to the teachers' retirement system on a full-time basis by the superintendent of public instruction for a maximum of 5 years during the lifetime of the retired member without the loss or interruption of any payments or benefits if:

(i) the retired member completed 27 or more years of creditable service prior to retirement; and

(ii) each year, prior to employing a retired member, the superintendent of public instruction certifies to the teachers' retirement system board that after having advertised the position, the employer has been unable to fill the position because the employer has either received no qualified applicants or has not received an acceptance of an offer of employment made to a nonretired member of the teachers' retirement system;

(b) the employer certification required by this section must include the retired member's name and social security number and a copy of the proposed contract of employment for the retired member;

(c) on receipt of the employer's certification and the proposed contract of employment, the teachers' retirement system board shall verify whether the retired member meets the requirements of subsection (1)(a)(i) and shall notify the employer and the retired member of its findings;

(d) a retired member reemployed under this section is ineligible for active membership under 19-20-302 and is ineligible to receive service credit under any retirement system identified in Title 19; and

(e) the board shall report biennially to the education interim committee and the state administration and veterans' affairs interim committee in accordance with 5-11-210 regarding the implementation of and results arising from this section.

(2) An employer employing a retired member pursuant to this section shall contribute monthly to the teachers' retirement system an amount equal to the sum of the contribution rates provided in 19-20-602 , 19-20-604 , 19-20-605 , 19-20-608 , and 19-20-609 .

(3) A retired member reemployed pursuant to this section is exempt from the earnings and employment limits provided in 19-20-731 .

(4) The board may adopt rules to implement this section.

(5) As used in this section, the following definitions apply:

(a) "Employer" means the superintendent of public instruction as described in 20-3-101 that employs a retired member of the teachers' retirement system.

(b) "System" means the teachers' retirement system.

(c) "Year" means all or any part of a fiscal year running July 1 through June 30. (Terminates June 30, 2031--sec. 4, Ch. 443, L. 2025.)
Mont. Code Ann. § 19-3-522 — MT Code / Title 19 / Chapter 3 / Part 5 / Section 19-3-522
19-3-522 Nonapplication of part to defined contribution plan
Status: in_force

19-3-522 . 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. § 19-17-302 — MT Code / Title 19 / Chapter 17 / Part 3 / Section 19-17-302
19-17-302 Investment of pension trust fund
Status: in_force

19-17-302 . Investment of pension trust fund. (1) The pension trust fund must be invested by the board of investments as part of the unified investment program described in Title 17, chapter 6, part 2.

(2) All income earned on any assets constituting a part of the pension trust fund must be paid into the pension trust fund as received.

(3) For investment purposes, the pension trust fund may be commingled with other pension funds administered by the board, but a separate account must be maintained for each system.
Mont. Code Ann. § 19-3-318 — MT Code / Title 19 / Chapter 3 / Part 3 / Section 19-3-318
19-3-318 Credit of contributions made after member becomes inactive
Status: in_force

19-3-318 . Credit of contributions made after member becomes inactive. Contributions made on the basis of compensation earned by members after they are considered to be inactive members, as provided in 19-3-403 (6), must be credited to the employer.
Mont. Code Ann. § 19-3-2101 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2101
19-3-2101 Definitions
Status: in_force

19-3-2101 . Definitions. Unless the context requires otherwise, as used in this part, the following definitions apply:

(1) "Member" means a person with a retirement account in the defined contribution plan.

(2) "Plan" or "defined contribution plan" means the defined contribution retirement plan.

(3) "University system retirement program" means the retirement plan established by the board of regents under Title 19, chapter 21.
Mont. Code Ann. § 19-7-403 — MT Code / Title 19 / Chapter 7 / Part 4 / Section 19-7-403
19-7-403 Member's contributions deducted
Status: in_force

19-7-403 . Member's contributions deducted. (1) (a) Subject to subsection (1)(b), each member's contribution is 10.495% of the member's compensation.

(b) The member's contribution required under this subsection (1) must be reduced to 9.245% 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 that become effective after the valuation, is less than 25 years; and

(ii) reducing the member contributions and terminating the additional employer contributions pursuant to 19-7-404 (4)(b) would not cause the system's amortization period as of the most recent actuarial valuation to exceed 25 years.

(2) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code of 1954, as amended and applicable on July 1, 1985, shall pick up and pay the contributions that would be payable by the member under subsection (1) for service rendered after June 30, 1985.

(3) 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.

(4) 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 wages, as defined in 19-1-102 , and salary as used to define the member's highest average compensation in 19-7-101 . 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. § 19-20-408 — MT Code / Title 19 / Chapter 20 / Part 4 / Section 19-20-408
19-20-408 Creditable service for employment in private schools
Status: in_force

19-20-408 . Creditable service for employment in private 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 private school employment and contributes to the retirement system as provided in subsection (2) may receive up to 5 years of creditable service in the retirement system for employment within the United States in a private elementary, secondary, or postsecondary educational institution.

(b) Employment to be credited must be of an instructional nature, as an administrative officer, or as a member of the scientific staff. If the employment is for teaching kindergarten through grade 12, the service must have been performed as a certified teacher.

(c) Members may not receive credit for service as a student employed by a private elementary, secondary, or postsecondary educational institution.

(2) (a) For each year of service to be credited, a member who became a member before July 1, 1989, shall contribute to the retirement system 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 becoming a member of the retirement system or after returning to the retirement system, whichever is later, plus interest. The contribution rate must be that rate in effect at the time the member is eligible to purchase the service.

(b) 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 may be made in lump-sum payment or in installments as agreed between the person and the retirement board.
Mont. Code Ann. § 19-2-1009 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1009
19-2-1009 Penalty for fraud
Status: in_force

19-2-1009 . Penalty for fraud. A person who knowingly makes a false statement or who knowingly falsifies or permits to be falsified any record of a retirement system in an attempt to defraud the system is guilty of a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.
Mont. Code Ann. § 19-3-904 — MT Code / Title 19 / Chapter 3 / Part 9 / Section 19-3-904
19-3-904 Amount of service retirement benefit
Status: in_force

19-3-904 . Amount of service retirement benefit. (1) The monthly amount of service retirement benefit payable following retirement to a member hired before July 1, 2011, with:

(a) less than 25 years of membership service is the greater of one fifty-sixth of the member's highest average compensation multiplied by the number of years of the member's total service credit or the benefit calculated under subsection (3); or

(b) 25 or more years of membership service is the greater of 2% of the member's highest average compensation multiplied by the number of years of the member's total service credit or the benefit calculated under subsection (3).

(2) The monthly amount of service retirement benefit payable following retirement to a member hired on or after July 1, 2011, with:

(a) less than 10 years of membership service is the greater of 1.5% of the member's highest average compensation multiplied by the number of years of the member's total service credit or the benefit calculated under subsection (3);

(b) 10 or more years but less than 30 years of membership service is the greater of one fifty-sixth of the member's highest average compensation multiplied by the number of years of the member's total service credit or the benefit calculated under subsection (3); or

(c) 30 or more years of membership service is the greater of 2% of the member's highest average compensation multiplied by the number of years of the member's total service credit or the benefit calculated under subsection (3).

(3) A member is entitled to receive the greater of:

(a) the benefit provided pursuant to subsection (1) or (2); or

(b) a monthly benefit that is the actuarial equivalent of the sum of:

(i) double the member's regular contributions and regular interest; and

(ii) any amounts paid by the member to purchase service credit and membership service as provided by law.
Mont. Code Ann. § 19-3-503 — MT Code / Title 19 / Chapter 3 / Part 5 / Section 19-3-503
19-3-503 Application to purchase military service
Status: in_force

19-3-503 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and 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 service credit and membership service for up to 5 years of the member's active service in the armed forces of the United States, including the first special service force or the American merchant marine in oceangoing service during the period of armed conflict, December 7, 1941, to August 15, 1945.

(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 19-3-514 , 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 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. § 19-2-406 — MT Code / Title 19 / Chapter 2 / Part 4 / Section 19-2-406
19-2-406 Disability retirement -- application -- determination -- benefit conversion -- rules
Status: in_force

19-2-406 . Disability retirement -- application -- determination -- benefit conversion -- rules. (1) (a) An active or inactive member may apply for disability retirement in a manner prescribed by the board. However, an application may also be filed on the member's behalf by the head of the office or department in which the member is or was last employed, by any other individual, or by the board.

(b) The application must be filed within 12 months after the member's termination from employment.

(2) The board shall determine whether a member has become disabled. In the discharge of its duty regarding determinations, the board, any member of the board, or any authorized representative of the board may order medical examinations, 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 considered necessary as evidence in connection with a claim for disability retirement. Subpoenas must be issued and enforced pursuant to 2-4-104 of the Montana Administrative Procedure Act.

(3) The board shall adopt rules requiring employers to identify and explain the essential elements of a member's position, any accommodations that were or can be made in compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), and the effectiveness of the accommodations.

(4) The board shall retain medical personnel to advise it in assessing the nature and extent of disabling conditions while reviewing claims for disability retirement.

(5) The disability retirement benefit paid to a member of the defined benefit plans provided for in Title 19, chapters 9 and 13, remains a disability retirement benefit when the member attains normal retirement age, but the disability retirement benefit is no longer subject to a medical examination of the member.

(6) The disability retirement benefit paid to a member of the defined benefit plan provided for in Title 19, chapter 5, 6, 7, or 8, remains a disability retirement benefit when the member attains normal retirement age, but the disability retirement benefit is no longer subject to a medical examination of the member.
Mont. Code Ann. § 19-2-904 — MT Code / Title 19 / Chapter 2 / Part 9 / Section 19-2-904
19-2-904 Withholding of group insurance premium from retirement benefit
Status: in_force

19-2-904 . Withholding of group insurance premium from retirement benefit. (1) 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 retirement system and paid directly by the system to the sponsoring employer. 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.

(2) Following the death of a retiree who elected withholding of premiums under subsection (1), the retiree's contingent annuitant may elect to have the contingent annuitant's monthly premium for group insurance withheld by the retirement system and paid directly by the system to the sponsoring employer. In order to qualify for this withholding, the contingent annuitant must be covered by the same group insurance plan that covered the retiree in accordance with subsection (1).
Mont. Code Ann. § 19-6-1003 — MT Code / Title 19 / Chapter 6 / Part 10 / Section 19-6-1003
19-6-1003 Deferred retirement option plan established -- rulemaking
Status: in_force

19-6-1003 . Deferred retirement option plan established -- 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. § 19-9-705 — MT Code / Title 19 / Chapter 9 / Part 7 / Section 19-9-705
19-9-705 Other money credited as employer contributions
Status: in_force

19-9-705 . Other money credited as employer contributions. All gifts, bequests, or emoluments given to an employer or member for the benefit of the retirement system or because of any member's service as a police officer, except when specifically allowed to be retained by the member by the member's employer, and all money withheld from the compensation of a member for violation of the rules of the member's employer must be paid to the pension trust fund. The amounts are employer contributions but are in addition to the amounts required by 19-9-703 .
Mont. Code Ann. § 19-20-810 — MT Code / Title 19 / Chapter 20 / Part 8 / Section 19-20-810
19-20-810 Termination of employment -- retired member status -- certification of termination date
Status: in_force

19-20-810 . Termination of employment -- retired member status -- certification of termination date. (1) A member shall terminate employment in all positions reportable to the retirement system to be eligible for service retirement under 19-20-801 , early retirement under 19-20-802 , disability retirement under 19-20-901 , or withdrawal under 19-20-603 .

(2) Except as provided in subsections (3) and (4), a member has terminated employment in a position reportable to the retirement system when the employment relationship with the employer has been fully and completely severed and all, if any, payments due upon termination of employment, including but not limited to payment of accrued sick and annual leave balances, have been paid to the member.

(3) (a) A member who has not attained normal retirement age has not terminated employment in a position reportable to the retirement system if the member and the employer have a prearranged agreement for postretirement service.

(b) For purposes of this subsection (3), a "prearranged agreement for postretirement service" means an oral or written agreement between a member and an employer made before the member attains retired member status for the member to provide service or perform work, in any capacity, on behalf of the employer in the future.

(4) A member has not terminated employment in a position reportable to the retirement system if the member provides any service or performs any work, in any capacity, on behalf of the employer after the certified date of termination but prior to attaining retired member status.

(5) A member must be in retired member status before the member is eligible to be employed as a working retiree pursuant to 19-20-731 . Service provided by a member in a position reportable to the retirement system before the member attains retired member status is service provided as an active member, and the member shall terminate from the position to be eligible for retirement benefits.

(6) (a) A member attains retired member status when the member has terminated employment in all positions reportable to the retirement system and has actually received at least one monthly retirement benefit payment.

(b) A retired member who returns to active member status for any reason ceases to be in retired member status until the member again applies for a retirement benefit and actually receives at least one monthly retirement benefit payment.

(7) (a) Unless waived by the board, the member and the employer for each position from which the member is terminating or has terminated shall certify on a form provided by the retirement system the member's date of termination and whether there is a prearranged agreement for postretirement service.

(b) The certification obligation of the member and the employer is ongoing and must be immediately updated if the information previously provided was in error or has changed.
Mont. Code Ann. § 19-3-2105 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2105
19-3-2105 Administrative expenses and fees
Status: in_force

19-3-2105 . Administrative expenses and fees. (1) The board may establish a fund within the defined contribution plan for paying the plan's administrative expenses.

(2) The board may:

(a) assess fees to pay the reasonable administrative costs of the plan; and

(b) negotiate with a vendor or vendors for vendor reimbursement of board administrative expenses for the plan.

(3) All fees assessed must be fully disclosed to plan members and treated as public information.

(4) Costs for the board to provide for contract oversight are included as part of the administrative expenses of the plan.
Mont. Code Ann. § 19-2-803 — MT Code / Title 19 / Chapter 2 / Part 8 / Section 19-2-803
19-2-803 Payment to custodian of minor beneficiary
Status: in_force

19-2-803 . Payment to custodian of minor beneficiary. (1) Except as provided in subsection (2), if any benefit from a system is payable to a minor, the benefit must be paid to one of the following:

(a) a surviving parent, if any;

(b) a parent awarded custody of the minor in a divorce proceeding;

(c) a custodian designated under Title 72, chapter 26;

(d) a guardian appointed pursuant to Title 72, chapter 5, part 2; or

(e) a conservator appointed pursuant to Title 72, chapter 5, part 4.

(2) When a system member has established a trust for a minor beneficiary, including a dependent child as defined under the provisions of Title 19, chapter 6, 9, or 13, then the benefit must be paid to the trustee of that trust.

(3) The payment must be in full and complete discharge and acquittance of the board and system on account of the benefit. The person receiving benefit payments pursuant to this section shall account to the minor for the money when the minor reaches the age of majority.
Mont. Code Ann. § 19-6-106 — MT Code / Title 19 / Chapter 6 / Part 1 / Section 19-6-106
19-6-106 Short title
Status: in_force

19-6-106 . Short title. This chapter may be cited as "The Highway Patrol Officers' Retirement Act".
Mont. Code Ann. § 19-20-901 — MT Code / Title 19 / Chapter 20 / Part 9 / Section 19-20-901
19-20-901 Eligibility for disability retirement -- determination by board
Status: in_force

19-20-901 . Eligibility for disability retirement -- determination by board. (1) Except as provided in subsection (5), upon the application of a member or of the member's employer for a disability retirement allowance, any member who has 5 or more years of creditable service and who has become disabled while being an active member may be retired by the retirement board the month immediately following the month in which employment is terminated.

(2) In order for a member to be eligible for disability retirement, the retirement board or its representative shall certify that the member is mentally or physically incapacitated for the further performance of the member's duties, that the incapacity is likely to be permanent, and that the member should be retired. The board's representative shall report to the board the representative's findings and any action taken by the representative, and the action must be presented to the board for approval by the board.

(3) In making a determination under subsection (2), the retirement board or its representative may:

(a) order examinations by a physician, psychologist, vocational rehabilitation counselor, 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;

(b) conduct hearings, administer oaths and affirmations, take depositions, and certify to official acts; and

(c) issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memorandums, and other records considered necessary as evidence in connection with a claim for disability retirement. The subpoenas issued under this subsection (3)(c) are enforceable as provided in 2-4-104 .

(4) The retirement board may secure and pay reasonable compensation for professional services and advice that the board determines necessary to carry out the purposes of this part.

(5) (a) A tier two member is not eligible for disability retirement if the member is or will be eligible for service retirement on or before the member's date of termination.

(b) A disability retirement application filed by a member who is ineligible for disability retirement under subsection (5)(a) will be processed as an application for a service retirement allowance.
Mont. Code Ann. § 19-18-504 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-504
19-18-504 Special tax levy for fund required
Status: in_force

19-18-504 . Special tax levy for fund required. (1) The fund must be reviewed on an annual basis to determine whether the fund is soundly funded pursuant to 19-18-503 .

(2) Based on the annual review:

(a) if the fund contains an amount that is less than the minimum amount required to keep the fund soundly funded pursuant to 19-18-503 , the city or town council shall, subject to 15-10-420 , levy an annual tax on the taxable value of all taxable property within the city or town;

(b) if the fund contains an amount that is less than the maximum but more than the minimum required to keep the fund soundly funded pursuant to 19-18-503 (1)(a), the city or town council may, if authorized by the voters as provided in 15-10-425 , levy an annual tax.

(3) All revenue from the tax must be deposited in the fund.
Mont. Code Ann. § 19-9-1009 — MT Code / Title 19 / Chapter 9 / Part 10 / Section 19-9-1009
19-9-1009 Guaranteed annual benefit adjustment
Status: in_force

19-9-1009 . 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) 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:

(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 must be filed with the board prior to January 1, 1998, and requires an active member to pay an increased contribution rate from July 1, 1997, forward. A retired member or the member's survivor who is receiving a monthly benefit before July 1, 1997, shall also file the voluntary, irrevocable election no later than January 1, 1998, to be covered under this section.

(4) The board shall adopt rules to administer the provisions of this section.
Mont. Code Ann. § 19-8-101 — MT Code / Title 19 / Chapter 8 / Part 1 / Section 19-8-101
19-8-101 Definitions
Status: in_force

19-8-101 . Definitions. Unless the context requires otherwise, the following definitions apply in this chapter:

(1) (a) "Compensation" means remuneration paid from funds controlled by an employer in payment for the member's services or for time during which the member is excused from work 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) per diems, maintenance, allowances, and expenses; or

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

(2) "Game warden" means a state fish and game warden hired by the department of fish, wildlife, and parks and includes all warden supervisory personnel whose salaries or compensation is paid out of the department of fish, wildlife, and parks money.

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

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

(ii) for members 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 membership service, the total compensation earned divided by the number of months of service.

(b) Lump-sum payments for compensatory leave, sick leave, annual leave, and banked holiday time 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 normal 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).

(4) "Motor carrier officer" means an employee of the department of transportation designated or appointed as a peace officer pursuant to 61-10-154 or 61-12-201 .

(5) "Peace officer" or "state peace officer" means a person who by virtue of the person's employment with the state is vested by law with a duty to maintain public order or make arrests for offenses while acting within the scope of the person's authority or who is charged with specific law enforcement responsibilities on behalf of the state.
Mont. Code Ann. § 19-9-109 — MT Code / Title 19 / Chapter 9 / Part 1 / Section 19-9-109
19-9-109 Municipal police officers' retirement system benefit policy statement
Status: in_force

19-9-109 . Municipal police officers' retirement system benefit policy statement. It is the policy of the state that additional benefits may not be added to the municipal police 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. § 19-20-202 — MT Code / Title 19 / Chapter 20 / Part 2 / Section 19-20-202
19-20-202 Per diem and expenses of board members
Status: in_force

19-20-202 . Per diem and expenses of board members. The members of the retirement board shall serve without direct or indirect compensation except that each appointed member shall receive compensation as provided in 2-15-122 and travel expenses as provided in 2-18-501 through 2-18-503 for each day in attendance at the meetings of the board or in the execution of duties as a member of the retirement board. All per diem and expenses paid under the provisions of this section must be paid from the expense account of the retirement system.
Mont. Code Ann. § 19-13-802 — MT Code / Title 19 / Chapter 13 / Part 8 / Section 19-13-802
19-13-802 Eligibility for disability retirement
Status: in_force

19-13-802 . Eligibility for disability retirement. If a member is determined by the board to be disabled, the member is entitled to receive a disability retirement benefit, regardless of the length of the member's service, beginning the first day after the date on which the member became disabled and terminated employment because of the disability.
Mont. Code Ann. § 19-13-1101 — MT Code / Title 19 / Chapter 13 / Part 11 / Section 19-13-1101
19-13-1101 Reemployment of retired members -- contributions required
Status: in_force

19-13-1101 . Reemployment of retired members -- contributions required. (1) A retired member who is receiving a service retirement benefit or early retirement benefit may return to employment covered by the retirement system for a period not to exceed 480 hours in any calendar year without returning to active service. The retirement benefit of a retired member in covered employment must be reduced by $1 for each $3 earned in excess of $5,000 in a calendar year.

(2) If a retired member returns to employment covered by the retirement system for more than 480 hours in a calendar year, the member returns to active service and the member's retirement benefit payments must cease until the member again terminates employment and retires.

(3) For each retired member who returns to work pursuant to subsection (1), the employer shall contribute the amount specified in 19-13-605 and the state shall contribute the amount specified in 19-13-604 .

(4) The earned compensation of retired members who return to active service pursuant to subsection (2) is subject to the employee, state, and employer contributions set forth in 19-13-601 , 19-13-604 , and 19-13-605 .
Mont. Code Ann. § 19-3-501 — MT Code / Title 19 / Chapter 3 / Part 5 / Section 19-3-501
19-3-501 Absence not included in service
Status: in_force

19-3-501 . Absence not included in service. Except as otherwise provided in this part, time during which a member is absent from service may not be included in the calculation of service credit.
Mont. Code Ann. § 19-5-105 — MT Code / Title 19 / Chapter 5 / Part 1 / Section 19-5-105
19-5-105 Short title
Status: in_force

19-5-105 . Short title. This chapter may be cited as the "Judges' Retirement Act".
Mont. Code Ann. § 19-9-204 — MT Code / Title 19 / Chapter 9 / Part 2 / Section 19-9-204
19-9-204 Terminated
Status: in_force

19-9-204 . Terminated. Sec. 7, Ch. 328, L. 1987.
Mont. Code Ann. § 19-3-2143 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2143
19-3-2143 Implementation
Status: in_force

19-3-2143 . Implementation. (1) To implement the provisions of 19-3-2141 , the board shall establish a self-insured long-term disability plan through which the disability benefits must be paid.

(2) If the disability plan cannot be implemented as described in subsection (1), the board shall implement the provisions of 19-3-2141 by contracting for long-term disability insurance that provides for the benefits described in 19-3-2141 .
Mont. Code Ann. § 19-5-103 — MT Code / Title 19 / Chapter 5 / Part 1 / Section 19-5-103
19-5-103 Call of retired judges and justices and inactive vested members for duty
Status: in_force

19-5-103 . Call of retired judges and justices and inactive vested members for duty. (1) (a) If physically and mentally able, a retired judge or justice who has voluntarily retired after at least 8 years of service is subject to call for duty by the chief justice to aid and assist any district court or any water court under directions that the chief justice may give or to serve as water judge.

(b) When called, a retired judge's or justice's duties include the examination of the facts, cases, and authorities cited and the preparation of opinions for and on behalf of the court to which the judge or justice is called to serve. The opinions, when and if and to the extent approved by the court, may be ordered by the court to constitute the opinion of the court. The court and the retired judge or justice may, subject to any rule that the supreme court may adopt, perform any duties that are not inconsistent with the constitution of the state.

(2) (a) A retired judge or justice, when called to duty, must be reimbursed for actual expenses, if any, in responding to the call.

(b) In addition, a retired judge or justice is entitled to receive compensation in an amount equal to:

(i) the daily salary then currently applicable to the judicial position in which the duty is rendered for each day of duty rendered, up to a total of 180 days in a calendar year; and

(ii) for each day of duty after 180 days in a calendar year, one-twentieth of the monthly salary then currently applicable to the judicial position in which the duty is rendered minus an amount equal to one-twentieth of the monthly retirement benefit that the retired judge or justice is receiving, if any.

(3) A judge or justice who is an inactive vested member, who has voluntarily discontinued service as an active judge after at least 8 years of service, and who, by reason of age, is not eligible to receive a retirement benefit under this chapter may be called for duty as provided in subsection (1). A judge or justice called to duty under this subsection must be reimbursed as provided in subsection (2)(a) and compensated as provided in subsection (2)(b)(i) regardless of the number of days served in a calendar year.
Mont. Code Ann. § 19-7-1102 — MT Code / Title 19 / Chapter 7 / Part 11 / Section 19-7-1102
19-7-1102 Refunds and benefits for reemployed retired members
Status: in_force

19-7-1102 . Refunds and benefits for reemployed retired members. (1) A retired member who returns to active service pursuant to 19-7-1101 (1) 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 19-7-1101 (1) 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 19-7-503 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 a guaranteed annual benefit adjustment pursuant to 19-7-711 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 19-7-711 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 19-7-1101 (1):

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

(b) may not accrue the postretirement benefit adjustments provided in part 7 of this chapter during the member's term of reemployment.
Mont. Code Ann. § 19-2-602 — MT Code / Title 19 / Chapter 2 / Part 6 / Section 19-2-602
19-2-602 Refund of member's contributions on termination of service
Status: in_force

19-2-602 . Refund of member's contributions on termination of service. (1) Except as provided in this section, any member who has terminated service, other than by death or retirement, must be paid the member's accumulated contributions upon the filing of a written application by the member and board approval. Prior to termination of service, a member may not receive a refund of any portion of the member's accumulated contributions.

(2) A nonvested member who has terminated service with accumulated contributions of less than $200 must be paid the accumulated contributions in a lump sum as soon as administratively feasible without a written application being filed by the member.

(3) A nonvested member who has terminated service with accumulated contributions of $200 to $1,000 must be paid the accumulated contributions in a lump sum as soon as administratively feasible unless a written application is filed within 90 days of terminating service pursuant to subsection (4).

(4) Upon the filing of a written application by an alternate payee eligible to receive a single distribution of $200 or more under 19-2-907 or 19-2-909 or by a member who is terminating service and is eligible to receive a refund of $200 or more of accumulated contributions, the board shall make a direct rollover distribution of any eligible rollover distribution allowed under section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31). The direct rollover distribution must be paid directly to an eligible retirement plan allowed under applicable federal law. As of January 1, 2008, an eligible retirement plan includes a Roth IRA, provided for under 26 U.S.C. 408A. The applicant is responsible for designating an eligible retirement plan on forms provided by the board. The portion of the account that is not an eligible rollover distribution must be paid directly to the recipient.
Mont. Code Ann. § 19-8-302 — MT Code / Title 19 / Chapter 8 / Part 3 / Section 19-8-302
19-8-302 Public employees' retirement system -- transfer of membership
Status: in_force

19-8-302 . Public employees' retirement system -- transfer of membership. (1) Except as provided in subsection (3), an eligible peace officer shall become a member of the game wardens' and peace officers' retirement system on the first day of service.

(2) A person who is a member of the game wardens' and peace officers' retirement system assigned to law enforcement who transfers to a position involving duties other than law enforcement within the same state agency may retain membership in the game wardens' and peace officers' retirement system by filing a written election with the board no later than 90 days after transfer to the new position.

(3) A person who is a member of the public employees' retirement system who transfers to a position covered by the game wardens' and peace officers' retirement system may elect to become a member of the retirement system or may continue membership in the public employees' retirement system by filing a written election with the board no later than 90 days after transfer to the new position.

(4) Failure to make an election as provided in subsection (3) is considered an election to remain in the public employees' retirement system.
Mont. Code Ann. § 19-13-605 — MT Code / Title 19 / Chapter 13 / Part 6 / Section 19-13-605
19-13-605 Employer contribution
Status: in_force

19-13-605 . Employer contribution. Each employer shall make its contribution on behalf of members through the city treasurer or other appropriate official from money available for this purpose. The employer shall pay as employer contributions 14.36% of the compensation paid to all of the employer's employees, except those properly excluded from membership. All contributions are payable monthly to the board, which shall, as soon as practicable after their receipt, deposit them in the pension trust fund.
Mont. Code Ann. § 19-9-112 — MT Code / Title 19 / Chapter 9 / Part 1 / Section 19-9-112
19-9-112 Termination of participation in retirement system or reduction of employer contributions
Status: in_force

19-9-112 . Termination of participation in retirement system or reduction of employer contributions. (1) If an employer voluntarily terminates its participation in or contributions to the retirement system or significantly reduces the number of full-paid members it employs to a degree that, in the board's opinion, inadequately funds the accrued or accruing benefits of retirement system members, the board shall request an actuarial valuation of the liabilities of the employer to the retirement system.

(2) Based on the actuarial valuation, the board may hold the employer liable for:

(a) the cost of the actuarial valuation to determine the employer's liabilities to the retirement system; and

(b) any excess accrued liabilities not previously funded by the employer.
Mont. Code Ann. § 19-13-103 — MT Code / Title 19 / Chapter 13 / Part 1 / Section 19-13-103
19-13-103 Firefighters' unified retirement system established
Status: in_force

19-13-103 . Firefighters' unified retirement system established. A retirement plan is established and known as the firefighters' unified retirement system. The plan is governed by the provisions of chapter 2 and this chapter.
Mont. Code Ann. § 19-9-804 — MT Code / Title 19 / Chapter 9 / Part 8 / Section 19-9-804
19-9-804 Amount of service retirement benefit -- continuation of benefit after death of member
Status: in_force

19-9-804 . Amount of service retirement benefit -- continuation of benefit after death of member. (1) A member who is eligible for service retirement must receive a retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.

(2) (a) Upon the death of a member receiving a service retirement benefit, the member's surviving spouse, if there is one, must receive a benefit equal to the amount of the member's benefit at the time of the member's death.

(b) If the member leaves one or more dependent children, then upon the member's death, if there is no surviving spouse, or upon the death of the surviving spouse, the member's surviving dependent child or children collectively if there are more than one must receive the same monthly payments that a surviving spouse would receive for as long as the child or one of the children remains a dependent child as defined in 19-9-104 . The payments must be paid pursuant to 19-2-803 . If there is more than one dependent child, upon a child no longer qualifying as dependent under 19-9-104 , that child's pro rata payments must be made to the remaining dependent children.
Mont. Code Ann. § 19-20-1001 — MT Code / Title 19 / Chapter 20 / Part 10 / Section 19-20-1001
19-20-1001 Payments upon death of member prior to retirement
Status: in_force

19-20-1001 . Payments upon death of member prior to retirement. (1) If a member dies before retirement:

(a) except as provided in subsection (2), a lump-sum refund of the member's account balance must be paid to the member's eligible beneficiary or beneficiaries;

(b) if the deceased member was vested and was an active member in the retirement system within 1 year before the member's death, the eligible beneficiaries receiving a refund under subsection (1)(a) or a retirement allowance under subsection (2) are entitled to receive in equal shares a $500 lump-sum death benefit; and

(c) subject to 19-20-1009 , the sum of $200 a month must be paid to each minor child of the deceased member until the child reaches 18 years of age.

(2) (a) In lieu of the refund provided for in subsection (1)(a), if the deceased member was vested, an eligible designated beneficiary who is an individual may elect to receive the beneficiary's interest as a retirement allowance for the beneficiary's lifetime. The retirement allowance must be determined as prescribed in 19-20-804 , without reference to 19-20-805 (5)(a), in the same manner as if the member elected the option A joint and survivor annuity optional allowance provided for in 19-20-702 (2).

(b) The effective date of the retirement allowance provided for in subsection (2)(a) is the earlier of:

(i) the first of the month following the date of death; or

(ii) the effective date of the member's retirement, as acknowledged in writing by the retirement system before the member's death.

(c) (i) If more than one eligible beneficiary elects to receive a retirement allowance, each is entitled to an equal share of the benefit.

(ii) In the event that all eligible beneficiaries who elected a retirement allowance die, the member's account balance, if any, will be paid out to the alternate beneficiary of the last surviving eligible beneficiary who elected a retirement allowance under subsection (2)(a).
Mont. Code Ann. § 19-5-301 — MT Code / Title 19 / Chapter 5 / Part 3 / Section 19-5-301
19-5-301 Membership -- inactive vested members -- inactive nonvested members
Status: in_force

19-5-301 . Membership -- inactive vested members -- inactive nonvested members. (1) Except for a judge or justice who elected in writing to remain under the public employees' retirement system on or before October 1, 1985, or a workers' compensation judge who elected in writing to remain under the public employees' retirement system on or before October 1, 2025, a judge of a district court, a justice of the supreme court, the chief water judge or associate water judge provided for in 3-7-221 , and the workers' compensation judge provided for in 3-9-101 must be members of the Montana judges' retirement system.

(2) A judge pro tempore is not eligible for active membership in the retirement system.

(3) A member with at least 5 years of membership service who terminates service and does not take a refund of the member's accumulated contributions is an inactive vested member and retains the right to purchase service credit and to receive a retirement benefit under the provisions of this chapter.

(4) A member with less than 5 years of membership service who terminates service and leaves the member's accumulated contributions in the pension trust fund is an inactive nonvested member and is not eligible for any benefits from the retirement system. An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.
Mont. Code Ann. § 19-5-402 — MT Code / Title 19 / Chapter 5 / Part 4 / Section 19-5-402
19-5-402 Member's contribution
Status: in_force

19-5-402 . Member's contribution. (1) Each member's contribution is 7% of the member's compensation.

(2) Each employer, pursuant to section 414(h)(2) of the Internal Revenue Code, as amended and applicable on July 1, 1991, shall pick up and pay the contributions that would be payable by the member under subsection (1) for service rendered after June 30, 1991.

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

(4) The member's contributions picked up by the employer are payable from the same source used to pay compensation to the member and must be included in the member's monthly compensation. 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. § 19-3-201 — MT Code / Title 19 / Chapter 3 / Part 2 / Section 19-3-201
19-3-201 Contracts with political subdivisions
Status: in_force

19-3-201 . Contracts with political subdivisions. (1) Any municipal corporation, county, or public agency in the state may become a contracting employer through a contract entered into between the board and the legislative body of the contracting employer. The contract must provide that all employees eligible under this chapter must become members. Contracts executed prior to July 1, 2009, that limit membership to a specific group or groups of employees remain valid. The contract may include any provisions that are consistent with chapter 2 and this chapter and necessary in the administration of the retirement system as it affects the contracting employer and its employees.

(2) The approval of the contract is subject to the following provisions, in addition to the other provisions of chapter 2 and this chapter:

(a) The legislative body of the contracting employer shall adopt a resolution of intention to approve the contract and containing a summary of the major provisions of the retirement system. The contract may not be approved unless the employees proposed to be included in the retirement system adopt the proposal by a majority affirmative vote in a secret ballot. The ballot at the election must include the summary of the retirement system as set forth in the resolution. The election must be conducted as prescribed by the legislative body of the contracting employer. Approval of the contract must be by the affirmative vote of two-thirds of the members of the legislative body within 40 days after the adoption of the resolution.

(b) The contract must specify that the provisions of the retirement system apply to all employees on the effective date of the contract and to all employees hired after the effective date of the contract. An employee's membership in either the defined benefit plan or the defined contribution plan is determined on an individual basis as provided in this chapter.

(c) The contract may be amended in the manner prescribed in this section for the original approval of contracts. The contract must be approved by the board. The board may disapprove of a contract if, in the board's sole discretion, the contract adversely affects the interests of the retirement system. Any amendments to the retirement system made pursuant to Montana laws immediately apply to and become a part of the contract.

(3) The termination of the contract is subject to the following provisions, in addition to the other provisions of this chapter:

(a) The legislative body of a contracting employer shall adopt a resolution giving notice to its employees that it intends to terminate retirement system coverage.

(b) All employees covered under the retirement system must be given notice of the termination resolution and be permitted to vote for or against the resolution by secret ballot.

(c) If a majority of covered employees votes for termination, the legislative body, within 20 days after the approval of the resolution by the employees, may adopt by a two-thirds majority a resolution terminating coverage under the system effective the last day of that month and forward the resolution and a certified copy of the election results to the board.

(d) Upon receipt of the termination resolution, the board may request an actuarial valuation of the liabilities of the terminating agency to the retirement system, and the board may withhold approval of the termination of contract until satisfactory arrangements are made to provide funding for:

(i) the cost of the actuarial valuation to determine the terminating agency's liabilities to the retirement system; and

(ii) any excess accrued liabilities not previously funded by the terminating agency.
Mont. Code Ann. § 19-20-722 — MT Code / Title 19 / Chapter 20 / Part 7 / Section 19-20-722
19-20-722 Eligible rollover distributions
Status: in_force

19-20-722 . Eligible rollover distributions. As required by section 401(a)(31) of the Internal Revenue Code, the retirement system shall advise an eligible recipient of any payment from the retirement system that constitutes an eligible rollover distribution of the recipient's rights to roll over the distribution and shall allow the recipient to elect a direct rollover of the eligible distribution to an eligible plan. The recipient is responsible for correctly designating a receiving plan that is eligible and willing to receive a direct rollover distribution of tax-deferred or after-tax contributions or both from the retirement system and to ensure timely submission of required supporting documentation from the receiving plan. The retirement system will determine, in its sole discretion, whether to make a direct rollover distribution to a receiving plan through an electronic transfer or by paper warrant.
Mont. Code Ann. § 19-20-1005 — MT Code / Title 19 / Chapter 20 / Part 10 / Section 19-20-1005
19-20-1005 Alternate beneficiaries
Status: in_force

19-20-1005 . Alternate beneficiaries. (1) A decedent's alternate beneficiary is the decedent's estate if the estate is probated.

(2) (a) If the decedent's estate is not informally or formally probated, the alternate beneficiaries are the surviving individuals determined in the following order of priority, the decedent's:

(i) legal spouse;

(ii) natural and adopted children, in equal shares;

(iii) parents, in equal shares;

(iv) grandchildren, in equal shares;

(v) siblings, in equal shares; or

(vi) nieces and nephews, in equal shares.

(b) Payments to an alternate beneficiary under subsection (2)(a) may be made only after the retirement system receives an affidavit from the individual on a form prescribed by the retirement system attesting that to the best of the individual's knowledge:

(i) there is no living individual who is an eligible alternate beneficiary at a higher level of priority; and

(ii) the decedent's estate will not be formally or informally probated.

(3) If the retirement system is unable to identify and locate a surviving individual listed in subsection (2)(a), the alternate beneficiary is the individual named in the decedent's will as the personal representative or executor of the decedent's estate if:

(a) the total amount to be distributed is $5,000 or less;

(b) payment will be made by December 31 in the year of the death; and

(c) the personal representative or executor files an affidavit on a form prescribed by the retirement system attesting that:

(i) no application or petition for the appointment of another executor or personal representative of the decedent's estate is pending or has been granted in any jurisdiction;

(ii) the affiant is not aware of the existence and location of any individual who would be an eligible alternate beneficiary under subsection (1); and

(iii) the affiant will accept the distribution from the retirement system in the affiant's capacity as executor or personal representative under the decedent's will and will use the funds in conformity with the will and applicable law.

(4) A distribution under subsection (3) will be reported for tax purposes as a final distribution to the decedent.

(5) Payment under this section of benefits due shall constitute full discharge of the retirement system's duties and obligations resulting from the death.
Mont. Code Ann. § 19-3-1204 — MT Code / Title 19 / Chapter 3 / Part 12 / Section 19-3-1204
19-3-1204 Survivorship benefit elected by beneficiary
Status: in_force

19-3-1204 . Survivorship benefit elected by beneficiary. (1) A designated beneficiary eligible to receive a death payment may instead elect a survivorship benefit by filing a written application with the board, if all of the following conditions are met:

(a) the deceased member on behalf of whom the death benefit is payable had completed 5 years of membership service;

(b) the designated beneficiary is a natural person; and

(c) the designated beneficiary elects the survivorship benefit within 90 days of receipt of notice from the board that the designated beneficiary is eligible to receive the death payment.

(2) A designated beneficiary of a vested member may, by filing a written application with the board, elect to receive a survivorship benefit in lieu of a death payment.

(3) (a) If the designated beneficiary is a minor, the custodian designated in 19-2-803 may, on the minor's behalf, file a written application with the board.

(b) If an application is not filed on the minor's behalf and no payment has been made, the designated beneficiary may file a written application upon reaching the age of majority. For the purposes of this subsection (3)(b), the survivorship benefit provided for in 19-3-1205 must be calculated as if the member had died on the last day of the month before the month in which the application was filed.
Mont. Code Ann. § 19-17-401 — MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-401
19-17-401 Eligibility for pension benefits
Status: in_force

19-17-401 . Eligibility for pension benefits. (1) To qualify for a full or partial pension benefit under this chapter, a member must meet the requirements of subsections (2) and (3).

(2) (a) For a full pension benefit, a member must have completed 20 years of service and must have attained 55 years of age, but need not be an active member of a fire company when 55 years of age is reached.

(b) A member who does not complete at least 20 years of service may qualify for a partial pension benefit if the member has completed at least 10 years of service and has attained 60 years of age, but need not be an active member of any fire company when 60 years of age is reached.

(3) Except as provided in 19-17-412 :

(a) to receive a pension benefit, a volunteer firefighter may not be an active member of any fire company; and

(b) a volunteer firefighter who receives a pension benefit under this chapter may not become an active member of any fire company.
Mont. Code Ann. § 19-17-406 — MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-406
19-17-406 Termination of pension when no surviving spouse or child
Status: in_force

19-17-406 . Termination of pension when no surviving spouse or child. If a deceased volunteer firefighter leaves neither a surviving spouse nor a child under 18 years of age, the firefighter's pension must terminate at the end of the month prior to the month in which the death occurs.
Mont. Code Ann. § 19-20-306 — MT Code / Title 19 / Chapter 20 / Part 3 / Section 19-20-306
19-20-306 Execution or withholding for support obligation
Status: in_force

19-20-306 . Execution or withholding for support obligation. (1) Benefits in the retirement system are subject to execution and income withholding for the payment of a participant's support obligation.

(2) For purposes of this section:

(a) "Execution" means a warrant for distraint issued or a writ of execution obtained by the department of public health and human services when providing support enforcement services under Title IV-D of the Social Security Act.

(b) "Income withholding" means an income-withholding order issued under the provisions of Title 40, chapter 5, part 3 or 4, or an income-withholding order issued in another state as provided in 40-5-1046 through 40-5-1051 .

(c) "Participant" means a member or an actual or potential beneficiary, survivor, or contingent annuitant of a retirement system designated pursuant to this chapter.

(d) "Support obligation" has the meaning provided in 40-5-403 for support order.

(3) The execution or income-withholding order may not require:

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

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

(4) The execution or income-withholding order may only provide for payment as follows:

(a) Service retirement benefit payments or withdrawals of member contributions may be apportioned by directing payment of a percentage of the amount payable or payment of a fixed amount of no more than the amount payable to the participant.

(b) The maximum amount of disability or survivorship benefits that may be apportioned and paid under this section 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.

(c) Retirement benefit adjustments for which a participant is eligible after retirement may be apportioned only if existing benefit payments are apportioned. The adjustments must be apportioned in the same ratio as existing benefit payments.

(d) Payments must be limited to the life of the appropriate participant. The duration of payments under this section may be further limited only to a specified maximum time or the life of a specified participant. Payments may also be limited to a specific amount per month if the number of payments is specified.
Mont. Code Ann. § 19-9-1208 — MT Code / Title 19 / Chapter 9 / Part 12 / Section 19-9-1208
19-9-1208 Distribution of DROP benefit
Status: in_force

19-9-1208 . 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.

(3) The amount of a distribution, rollover, transfer, or other payment of a DROP benefit pursuant to this section must include interest credited to the participant's account as follows:

(a) through June 30, 2009, interest must be credited every fiscal yearend at a rate reflecting the retirement system's annual investment earnings for the applicable fiscal year;

(b) after June 30, 2009, interest must be credited every fiscal yearend at the actuarially assumed rate of return. Proportionate interest must be credited for distributions taking place at other than a fiscal yearend.
Mont. Code Ann. § 19-9-1202 — MT Code / Title 19 / Chapter 9 / Part 12 / Section 19-9-1202
19-9-1202 Definitions
Status: in_force

19-9-1202 . Definitions. Unless the context requires otherwise, as used in this part, the following definitions apply:

(1) "DROP" means the deferred retirement option plan established pursuant to this part.

(2) "DROP account" means the member's accumulated monthly DROP accruals, including any postretirement adjustments, plus interest.

(3) "DROP benefit" means the lump-sum benefit calculated and distributed as provided in this part.

(4) "DROP period" means the period of time that a member irrevocably elects to participate in the DROP pursuant to 19-9-1204 .

(5) "Monthly DROP accrual" means the amount equal to the monthly benefit that would have been payable to the participant had the participant terminated service and retired.

(6) "Participant" means a member of the retirement system who has elected to participate in the DROP pursuant to this part.
Mont. Code Ann. § 19-19-201 — MT Code / Title 19 / Chapter 19 / Part 2 / Section 19-19-201
19-19-201 Local boards of trustees of funds
Status: in_force

19-19-201 . Local boards of trustees of funds. (1) Each city or town that has a police retirement fund must have a board of trustees of the fund, except as provided in subsection (4).

(2) A board of trustees existing under subsection (1) must consist of the mayor, clerk, and attorney of the city or town and two members from the active list of police officers of the city or town.

(3) The two trustees who are also police officers shall serve terms of 2 years. They must be selected by a majority vote of the members of the police department on the active list of the city or town. One must be selected each year between May 1 and May 10, so that their terms are staggered. Immediately after the selection has been made, a certificate of election must be certified to the city clerk by the presiding officer of the board and secretary of the meeting at which the selection was made.

(4) The board of trustees of the police retirement fund of a city that elects to participate in the municipal police officers' retirement system under 19-9-207 is abolished as of the time that the transfer of the cash and securities and the certification required by that section is completed. The functions of the board are transferred as of the date of the election to the public employees' retirement board, as provided in the Municipal Police Officers' Retirement Act.
Mont. Code Ann. § 19-9-209 — MT Code / Title 19 / Chapter 9 / Part 2 / Section 19-9-209
19-9-209 Taxing authority of employers
Status: in_force

19-9-209 . Taxing authority of employers. For the purpose of making contributions required of a city under this chapter, the appropriate authority of the city may, subject to 15-10-420 , levy a tax that along with other revenue available for that purpose is sufficient to meet the demand.
Mont. Code Ann. § 19-18-512 — MT Code / Title 19 / Chapter 18 / Part 5 / Section 19-18-512
19-18-512 State auditor -- payment to association
Status: in_force

19-18-512 . State auditor -- payment to association. (1) After the end of the fiscal year, the state auditor shall issue and deliver the warrant described in this subsection to the treasurer of each city or town that has a fire department relief association entitled by law to receive payments. The warrant must be for the use and benefit of the association. The warrant must be for an amount equal to 1 1/2 mills of the total taxable value of the city or town and must be paid out of the general fund. The payment is statutorily appropriated as provided in 17-7-502 .

(2) The payment provided for in subsection (1) must be for at least $100.
Mont. Code Ann. § 19-3-202 — MT Code / Title 19 / Chapter 3 / Part 2 / Section 19-3-202
19-3-202 Request by individual employee for employer to participate
Status: in_force

19-3-202 . Request by individual employee for employer to participate. Any employee who has, for a continuous period of at least 2 years, been an employee of a municipal corporation, county, or other public agency of this state that is not a contracting employer may advise the legislative body of the employer, in writing, that the employee wishes to participate in the retirement system. Within 30 days after receipt of the written request, the legislative body shall adopt the resolution of intention and take action as provided for in 19-3-201 .
Mont. Code Ann. § 19-7-102 — MT Code / Title 19 / Chapter 7 / Part 1 / Section 19-7-102
19-7-102 Sheriffs' retirement system established
Status: in_force

19-7-102 . Sheriffs' retirement system established. A retirement plan is established and known as the sheriffs' retirement system. The plan is governed by the provisions of chapter 2 and this chapter.
Mont. Code Ann. § 19-2-716 — MT Code / Title 19 / Chapter 2 / Part 7 / Section 19-2-716
19-2-716 Compromise or settlement of claims by public employees regarding retirement service credits
Status: in_force

19-2-716 . Compromise or settlement of claims by public employees regarding retirement service credits. A retiree from a public employer who is a party to a compromise or settlement regarding retirement service credits or benefits may waive the right of individual privacy and allow a governmental entity to release any or all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.
Mont. Code Ann. § 19-3-2114 — MT Code / Title 19 / Chapter 3 / Part 21 / Section 19-3-2114
19-3-2114 Amount available to transfer
Status: in_force

19-3-2114 . Amount available to transfer. For an employee who elects to become a member of the plan, the board shall transfer from the defined benefit plan to the member's retirement account an amount equal to the amount that would have been allocated to the member's account pursuant to 19-3-2117 had the employee become a plan member on the employee's hire date, plus compounded annual interest equal to the assumed rate of return on investments adopted by the board as of the effective date of the transfer.
Mont. Code Ann. § 19-20-501 — MT Code / Title 19 / Chapter 20 / Part 5 / Section 19-20-501
19-20-501 Financial administration of money
Status: in_force

19-20-501 . Financial administration of money. The members of the retirement board are the trustees of all money collected for the retirement system, and as trustees, they shall provide for the financial administration of the money as provided in Article VIII, section 15, of the Montana constitution in the following manner:

(1) The money must be invested and reinvested by the state board of investments.

(2) The retirement board shall annually establish the rate of regular interest.

(3) In accordance with the provisions of 19-20-605 (8), the amount to be credited to each reserve must be allocated from the interest and other earnings on the money of the retirement system actually realized during the preceding fiscal year, less the amount allocated to administrative expenses. The administrative expenses of the retirement system, less amortization of intangible assets, may not exceed 1.5% of retirement benefits paid.

(4) The state treasurer is the custodian of the collected retirement system money and of the securities in which the money is invested.

(5) For purposes of Article VIII, section 12, of the Montana constitution, all the reserves established by part 6 of this chapter must be accounts in the pension trust fund type of the treasury fund structure of the state.

(6) Benefits and refunds to eligible recipients are payable pursuant to a contract as contained in statute. Unless specifically provided for by statute, the contract does not contain revisions to statutes after the time of retirement or termination.
Mont. Code Ann. § 19-2-901 — MT Code / Title 19 / Chapter 2 / Part 9 / Section 19-2-901
19-2-901 Estimate of benefit when information incomplete
Status: in_force

19-2-901 . Estimate of benefit when information incomplete. If it is impracticable for the board to determine from the records the length of service, the compensation, or the age of a member or if a member refuses or fails to give the board a statement of the member's state service, compensation, or age, the board may estimate, for the purposes of this title, the length of service, compensation, or age.
Mont. Code Ann. § 19-1-821 — MT Code / Title 19 / Chapter 1 / Part 8 / Section 19-1-821
19-1-821 Retirement system to be considered separate for each institution
Status: in_force

19-1-821 . Retirement system to be considered separate for each institution. For the purposes of this part, the teachers' retirement system of the state of Montana is considered a separate retirement system with respect to each state institution of higher education in Montana, and each institution and the teachers therein shall be treated separately and independently from the other institutions and teachers.
Mont. Code Ann. § 19-7-711 — MT Code / Title 19 / Chapter 7 / Part 7 / Section 19-7-711
19-7-711 Guaranteed annual benefit adjustment
Status: in_force

19-7-711 . 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 (5) 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 is 3% for benefit recipients hired or assuming office:

(i) before July 1, 2007; or

(ii) on or after July 1, 2007, if the benefit recipient is an existing member of a benefit plan for which the applicable percentage is 3%.

(b) Except as provided in subsection (4)(a)(ii), the applicable percentage is 1.5% for benefit recipients hired or assuming office on or after July 1, 2007.

(5) (a) The applicable percentage rate for a contingent annuitant described in subsection (2)(c) is 3% if the original payee:

(i) was hired or assumed office before July 1, 2007; or

(ii) was an existing member of a benefit plan for which the applicable percentage is 3%.

(b) Except as provided in subsection (5)(a)(ii), the applicable percentage rate for a contingent annuitant described in subsection (2)(c) is 1.5% if the original payee was hired or assumed office on or after July 1, 2007.

(6) The board shall adopt rules to administer the provisions of this section.
Mont. Code Ann. § 19-2-1005 — MT Code / Title 19 / Chapter 2 / Part 10 / Section 19-2-1005
19-2-1005 Compensation limit
Status: in_force

19-2-1005 . Compensation limit. (1) A retirement system or plan subject to this chapter may not take into account compensation of a member in excess of the amount permitted in section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. 401(a)(17), as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Internal Revenue Code, 26 U.S.C. 401(a)(17)(B).

(2) (a) Except as provided in subsection (2)(b), for a member hired on or after July 1, 2013, when calculating the highest average compensation or final average compensation for a member with at least the applicable 48 or 72 months of service credit, a retirement system or plan subject to this chapter may not include the following amounts of excess earnings in the calculation of the member's highest average compensation or final average compensation:

(i) for the first year included in the calculation, any compensation that is greater than 110% of the compensation paid to the member in the previous year; and

(ii) for each subsequent year included in the calculation, any compensation that is greater than 110% of the compensation included in the calculation for the previous year.

(b) In determining a member's retirement benefit, total excess earnings, if any, must be divided by the member's total months of service credit and added to each month's compensation included in the member's highest average compensation or final average compensation as limited under subsection (2)(a).
Mont. Code Ann. § 19-5-901 — MT Code / Title 19 / Chapter 5 / Part 9 / Section 19-5-901
19-5-901 Guaranteed annual benefit adjustment
Status: in_force

19-5-901 . 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%.

(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 3% 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:

(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 or benefit recipient 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 must be filed with the board prior to January 1, 1998.

(4) The board shall adopt rules to administer the provisions of this section.
Mont. Code Ann. § 19-2-507 — MT Code / Title 19 / Chapter 2 / Part 5 / Section 19-2-507
19-2-507 Transfer between funds
Status: in_force

19-2-507 . Transfer between funds. Any pension trust fund out of which payments are made under the provisions of this title may be reimbursed to the extent of the payments by transfer of a sufficient sum for the reimbursement from another pension trust fund or funds under the control of the board.
Mont. Code Ann. § 19-13-115 — MT Code / Title 19 / Chapter 13 / Part 1 / Section 19-13-115
19-13-115 Firefighter's association to advise board
Status: in_force

19-13-115 . Firefighter's association to advise board. The Montana state firefighter's association shall serve as an advisor to the board and may meet quarterly with the board to discuss matters relating to the administration of this chapter. The association may review all medical and legal information available to the board relating to service, disability, and survivorship benefits of an individual member upon a written release of the member or the member's survivor.
Mont. Code Ann. § 19-17-109 — MT Code / Title 19 / Chapter 17 / Part 1 / Section 19-17-109
19-17-109 Eligible fire company
Status: in_force

19-17-109 . Eligible fire company. To be eligible to participate under this chapter, a fire company shall provide to the board documentation of the following:

(1) the fire company's name and mailing address;

(2) the name of the fire chief and designated official, if any;

(3) the portion of the fire district serviced by the fire company;

(4) that the area serviced is located in an unincorporated area;

(5) that the fire company maintains firefighting equipment that is in serviceable condition and owns, rents, or uses one or more buildings for the storage of the equipment. The equipment and buildings must be valued at $12,000 or more.

(6) that the fire company was properly established by a governing board. Documentation under this subsection (6) must consist of:

(a) a copy of the minutes of the meeting during which the governing board established the fire company; or

(b) if the meeting minutes are unavailable, a copy of its first filing with the county clerk pursuant to 7-33-2311 .
Mont. Code Ann. § 19-3-204 — MT Code / Title 19 / Chapter 3 / Part 2 / Section 19-3-204
19-3-204 Tax levy to meet employer's obligations
Status: in_force

19-3-204 . Tax levy to meet employer's obligations. (1) If the required contributions to the retirement system exceed the funds available to a contracting employer from general revenue sources, the contracting employer may budget, levy, and collect annually a special tax upon the assessable property of the contracting employer in the number of cents per $100 of assessable property as is sufficient to raise the amount estimated by the legislative body to be required to provide sufficient revenue to meet the obligation of the contracting employer to the retirement system. The rate of taxation may be in addition to the annual rate of taxation allowed by law to be levied by the contracting employer.

(2) A person who is a member or designated beneficiary of the retirement system because of the participation of the contracting employer may maintain the appropriate action or proceeding to require the contracting employer to budget, levy, and collect the special tax authorized in subsection (1).