reglab/housing_qa huggingface dataset:
MT Code § 19-20-1213 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1213. Retirement system's discretion -- priority right to recover

  19-20-1213. Retirement system's discretion -- priority right to recover. (1) Nothing in this part is intended to prohibit retirement system staff from working informally with an employer, a member, or a benefit recipient to mutually resolve an error and recover amounts owed to the retirement system prior to the retirement system taking formal action as provided in this part.   (2) The retirement system has sole discretion to determine the most appropriate method for correcting errors and recovering amounts owed to it.   (3) The retirement system's right to recover amounts owed to it as set forth in this part does not prohibit the retirement system from pursuing any other remedy or penalty available to the retirement system.   (4) The retirement system's right to recover amounts owed to it has priority over the claim of any member, benefit recipient, or other individual or entity claiming an interest in any amount payable by the retirement system to or on behalf of the member.   History: En. Sec. 10, Ch. 210, L. 2015.
MT Code § 19-20-1214 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1214. Costs and fees for recovering amounts owed

  19-20-1214. Costs and fees for recovering amounts owed. (1) Unless an overpayment or unpaid contributions resulted solely from an error of the retirement system, in any contested case or other civil proceeding for correction of an error or recovery of an overpayment or unpaid contributions, the retirement system is entitled to the costs enumerated in 25-10-201 and to reasonable attorney fees if:   (a) the retirement system prevails in its claim or defense; and   (b) the court finds, upon judicial review, that the claim or defense of the other party that brought or defended the action was frivolous or was pursued in bad faith.   (2) If there are multiple parties adverse to the retirement system in a contested case, the parties are jointly and severally liable for the costs and fees awarded to the retirement system.   History: En. Sec. 11, Ch. 210, L. 2015.
MT Code § 19-20-1215 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1215. Statute of limitations

  19-20-1215. Statute of limitations. (1) If overpaid benefits or unpaid contributions resulted solely from an error made by the retirement system, the retirement system may recover amounts owed for overpayments or unpaid contributions only for benefits or other amounts actually paid by the retirement system or for contributions that were actually due in the timeframe beginning 24 months prior to the date on which the retirement system issues an initial notice and ending when all amounts owed for overpayments or unpaid contributions are fully paid.   (2) If overpaid benefits or unpaid contributions resulted solely or partially from an error made by an employer, a member, or a benefit recipient, the retirement system may recover all amounts owed for the overpayment or unpaid contributions beginning on the date that the first erroneous payment was made or that contributions were first due. The retirement system may not recover amounts owed under this subsection unless the retirement system issues an initial notice no later than 24 months after the date on which the last payment of a retirement benefit or other amount was made by the retirement system on behalf of the member.   (3) No other statute of limitations or legal or equitable defense to the application of a statute of limitations may be applied to shorten the timeframes in which or for which the retirement system may seek recovery of amounts owed for overpayments or unpaid contributions.   History: En. Sec. 8, Ch. 210, L. 2015.
MT Code § 19-21-101 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 1. General Provisions|19-21-101. Authority to establish university system retirement program

  19-21-101. Authority to establish university system retirement program. The board of regents may establish a university system retirement program, as provided in this chapter, for the administrative officers and members of the instructional and scientific staff of the Montana university system. The program may be an independent plan or part of a larger plan with respect to some or all of the benefits provided. The benefits under the program must be provided through individual annuity contracts, either fixed or variable, or a combination of contracts, issued to and owned by the participants in the program. The program must comply with applicable sections of the Internal Revenue Code.   History: En. Sec. 1, Ch. 494, L. 1987; amd. Sec. 31, Ch. 490, L. 2001; amd. Sec. 12, Ch. 282, L. 2013.
MT Code § 19-21-102 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 1. General Provisions|19-21-102. Definitions

  19-21-102. Definitions. Unless the context requires otherwise, as used in this chapter, the following definitions apply:   (1) "Program" means the university system retirement program established pursuant to this chapter.   (2) "Public employees' retirement system" means the retirement system established in 19-3-103.   (3) "Teachers' retirement system" or "system" means the teachers' retirement system provided for in Title 19, chapter 20.   History: En. Sec. 2, Ch. 494, L. 1987; amd. Sec. 36, Ch. 471, L. 1999; amd. Sec. 13, Ch. 282, L. 2013.
MT Code § 19-21-103 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 1. General Provisions|19-21-103. Duties of board of regents

  19-21-103. Duties of board of regents. The board of regents shall:   (1) act as fiduciaries of the program and exercise its fiduciary authority in the same manner that would be used by a prudent person acting in the same capacity who is familiar with the circumstances and in an enterprise of a similar character with similar aims;   (2) provide for the administration of the program;   (3) designate the company or companies from which the contracts are to be purchased and approve the form and content of the contracts, taking into consideration the:   (a) nature and extent of the rights and benefits to be provided by the contracts for participants and their beneficiaries;   (b) relationship of these rights and benefits to the amount of contributions to be made;   (c) suitability of these rights and benefits to the needs of the participants and the interests of the Montana university system in the recruitment and retention of administrative officers and members of the instructional and scientific staff; and   (d) ability of the designated company or companies to provide these rights and benefits.   History: En. Sec. 5, Ch. 494, L. 1987; amd. Sec. 32, Ch. 490, L. 2001.
MT Code § 19-21-104 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 1. General Provisions|19-21-104. through 19-21-110 reserved

  19-21-104 through 19-21-110 reserved.
MT Code § 19-21-111 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 1. General Provisions|19-21-111. Repealed

  19-21-111. Repealed. Sec. 3, Ch. 419, L. 1997.   History: En. Sec. 9, Ch. 494, L. 1987; amd. Sec. 1, Ch. 365, L. 1991; amd. Sec. 2, Ch. 178, L. 1993.
MT Code § 19-21-202 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-202. Effect on rights under teachers' retirement system

  19-21-202. Effect on rights under teachers' retirement system. (1) An election under 19-21-201 to participate in the program is a waiver of all rights and benefits under the teachers' retirement system except as provided in this section.   (2) A member of the teachers' retirement system who elects to participate in the program is considered, for the purpose of determining eligibility for rights and benefits under that system, to be no longer employed in a capacity that allows active membership in that system as of the effective date of the election. Thereafter, the member is considered an inactive member of the system if qualified under 19-20-303, with the rights and privileges provided under 19-20-603.   (3) A person who elects to participate in the program is ineligible to be an active member of the teachers' retirement system while continuously employed in a position eligible to participate in the program.   History: En. Sec. 4, Ch. 494, L. 1987; amd. Sec. 38, Ch. 471, L. 1999; amd. Sec. 35, Ch. 490, L. 2001; amd. Sec. 21, Ch. 276, L. 2019.
MT Code § 19-21-204 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-204. through 19-21-210 reserved

  19-21-204 through 19-21-210 reserved.
MT Code § 19-21-211 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-211. Payment of benefits

  19-21-211. Payment of benefits. A retirement, death, or other benefit may not be paid by the state or the board of regents under the university system retirement program. Benefits are payable to a participant and the participant's beneficiaries only by the designated company or companies in accordance with the terms of the contracts.   History: En. Sec. 7, Ch. 494, L. 1987; amd. Sec. 262, Ch. 56, L. 2009; amd. Sec. 14, Ch. 282, L. 2013.
MT Code § 19-21-212 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-212. Exemption from taxation, legal process, and assessments

  19-21-212. (Temporary) Exemption from taxation, legal process, and assessments. 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, contracts, benefits, and contributions under the university system retirement program and the earnings on the contributions are:  (1) except for a retirement allowance received in excess of the amount determined pursuant to 15-30-2110(2)(c), exempt from any state, county, or municipal tax;   (2) not subject to execution, garnishment, attachment, or other process;   (3) not covered or assessable by an insurance guaranty association; and   (4) unassignable except as specifically provided in the contracts.   19-21-212. (Effective January 1, 2024) Exemption from taxation, legal process, and assessments. 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, contracts, benefits, and contributions under the university system retirement program and the earnings on the contributions are:  (1) exempt from any county or municipal tax;   (2) not subject to execution, garnishment, attachment, or other process;   (3) not covered or assessable by an insurance guaranty association; and   (4) unassignable except as specifically provided in the contracts.   History: En. Sec. 8, Ch. 494, L. 1987; amd. Sec. 17, Ch. 823, L. 1991; amd. Sec. 20, Ch. 552, L. 1997; amd. Sec. 7, Ch. 382, L. 2009; amd. Sec. 15, Ch. 282, L. 2013; amd. Sec. 47, Ch. 503, L. 2021.
MT Code § 19-21-213 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-213. Participation by employees in positions covered by public employees' retirement system

  19-21-213. Participation by employees in positions covered by public employees' retirement system. Subject to and as provided in 19-3-2112, a university system employee in a position covered under the public employees' retirement system may elect to participate in the program.   History: En. Sec. 34, Ch. 490, L. 2001.
MT Code § 19-21-214 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 21. University System Retirement Program|Part 2. Participation -- Benefits|19-21-214. Contributions and allocations for employees in positions covered under public employees' retirement system

  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.   History: En. Sec. 37, Ch. 490, L. 2001; amd. Sec. 59, Ch. 114, L. 2003; amd. Sec. 8, Ch. 371, L. 2007; amd. Sec. 38, Ch. 99, L. 2011; amd. Sec. 14, Ch. 369, L. 2011; amd. Sec. 4, Ch. 170, L. 2015.
MT Code § 19-50-101 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 50. Deferred Compensation|Part 1. General Provisions|19-50-101. Definitions

  19-50-101. Definitions. For the purposes of this chapter, unless a different meaning is plainly implied by the context, the following definitions apply:   (1) "Administrator" or "board" means the public employees' retirement board created in 2-15-1009 or an appropriate officer of a political subdivision.   (2) "Deferred compensation" means the income that an employee may legally defer in a deferred compensation plan established under this chapter pursuant to the rulings of the internal revenue service and that, while invested, is exempt from state and federal income tax on the employee's contribution and on the interest, dividends, and capital gains until ultimately distributed to the employee.   (3) "Eligible deferred compensation plan" means a plan meeting the requirements of section 457 of the Internal Revenue Code, 26 U.S.C. 457.   (4) "Employee" means any person, including independent contractors and elected officials, receiving compensation from the state or a political subdivision for performing services.   (5) "Fund" means the state deferred compensation investment account.   (6) "Participant" means either an employee who is enrolled or a previous employee who remains enrolled in an eligible deferred compensation plan established under this chapter.   (7) "Political subdivision" means any city, town, county, or other political subdivision of the state of Montana, including the Montana university system.   (8) "Roth account" means a separate account within a deferred compensation plan established under this chapter that is composed of after-tax contributions made pursuant to section 402A of the Internal Revenue Code, 26 U.S.C. 402A.   (9) "Roth deferral" means an after-tax contribution by a participant to the participant's deferred compensation account.   History: En. 68-2704 by Sec. 4, Ch. 264, L. 1974; R.C.M. 1947, 68-2704; amd. Sec. 1, Ch. 472, L. 1981; Sec. 19-2-101, MCA 1991; redes. 19-50-101 by Code Commissioner, 1993; amd. Sec. 67, Ch. 471, L. 1999; amd. Sec. 1, Ch. 145, L. 2013; amd. Sec. 5, Ch. 140, L. 2015.
MT Code § 19-50-103 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 50. Deferred Compensation|Part 1. General Provisions|19-50-103. No effect on other retirement programs -- taxes deferred -- Roth deferral exception

  19-50-103. No effect on other retirement programs -- taxes deferred -- Roth deferral exception. (1) The deferred compensation program established by this chapter is in addition to retirement, pension, or benefit systems, including plans qualifying under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b), as amended, established by the state or a political subdivision, and a deferral of income under the deferred compensation program may not affect a reduction of any retirement, pension, or other benefit provided by law.   (2) Except as provided in subsection (3), any sum deferred under the deferred compensation program is not subject to taxation until distribution is actually made to the participant or the participant's beneficiary because of severance from employment, retirement, or unforeseeable emergency.   (3) Effective July 1, 2013, any deferred compensation program established under this chapter may include Roth accounts and accept Roth deferrals pursuant to section 402A of the Internal Revenue Code, 26 U.S.C. 402A. A participant's Roth deferral into a deferred compensation account and any associated earnings, known as the participant's Roth assets, may be withdrawn tax-free if the requirements for a qualified distribution under 402A(d)(2) of the Internal Revenue Code, 26 U.S.C. 402A(d)(2), are met.   (4) For purposes of this chapter, any qualified private pension plans in existence in 1974 qualify.   History: En. 68-2706 by Sec. 6, Ch. 264, L. 1974; R.C.M. 1947, 68-2706; amd. Sec. 3, Ch. 472, L. 1981; Sec. 19-2-103, MCA 1991; redes. 19-50-103 by Code Commissioner, 1993; amd. Sec. 61, Ch. 114, L. 2003; amd. Sec. 71, Ch. 329, L. 2005; amd. Sec. 2, Ch. 145, L. 2013.
MT Code § 19-50-104 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 50. Deferred Compensation|Part 1. General Provisions|19-50-104. Eligibility to catch up -- normal retirement age

  19-50-104. Eligibility to catch up -- normal retirement age. (1) Except as provided in subsection (2), for the purposes of determining a participant's eligibility to catch up on making the maximum annual deferrals allowable, normal retirement age must be specified in writing by the participant and must be no earlier than:   (a) the age at which the participant is eligible to retire pursuant to the participant's Title 19 retirement system because of the participant's age or both age and length of service, without disability, and with the right to receive immediate retirement benefits without actuarial or similar reduction because of retirement before a specified age; or   (b) 65 years of age if the participant is not a member of a Title 19 retirement plan or system, is a member of a defined contribution retirement plan, or is an independent contractor.   (2) An eligible plan with participants that include qualified police or firefighters, as defined under 26 U.S.C. 415(b)(2)(H)(ii)(I), may either:   (a) designate a normal retirement age for the qualified police or firefighters that is no less than 50 years of age; or   (b) allow a qualified police or firefighter participant to designate a normal retirement age that is between 50 and 70 1/2 years of age.   (3) Qualified police or firefighters, as defined in 26 U.S.C. 415(b)(2)(H)(ii)(I), include:   (a) police who are members of the municipal police officers' retirement system provided for in Title 19, chapter 9;   (b) police who are members of a local police retirement system provided for in Title 19, chapter 19;   (c) firefighters who are members of the firefighters' unified retirement system provided for in Title 19, chapter 13;   (d) firefighters who are members of a local firefighters' retirement system provided for in Title 19, chapter 18; and   (e) firefighters who are members of the defined benefit retirement plan of the public employees' retirement system provided for in Title 19, chapter 3.   History: En. Sec. 129, Ch. 99, L. 2001; amd. Sec. 72, Ch. 329, L. 2005; amd. Sec. 13, Ch. 240, L. 2013; amd. Sec. 6, Ch. 140, L. 2015.
MT Code § 19-50-201 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 50. Deferred Compensation|Part 2. Administration|19-50-201. Board authorized to make contracts with political subdivisions

  19-50-201. Board authorized to make contracts with political subdivisions. (1) Effective July 1, 1983, a political subdivision may become a contracting employer and make all or specified groups of its employees eligible to participate in the state-administered deferred compensation program by a contract entered into and between the board and the legislative body of the political subdivision. The contract may include any provisions that are consistent with this chapter and necessary for the administration of the deferred compensation program.   (2) The approval and termination of the contract shall be subject to the following provisions:   (a) The legislative body of the political subdivision shall adopt a resolution to enter into a contract with the board authorizing its employees to participate in the state-administered deferred compensation program. The resolution must contain a summary of the major provisions of the state-administered deferred compensation program.   (b) The contract must specify that the political subdivision agrees that the board is the administrator of the deferred compensation program and agrees to the rules and conditions established by the board for the proper administration of the plan.   (c) The contract may be revoked or amended in the manner prescribed in the original approval of contracts.   History: En. 68-2702 by Sec. 2, Ch. 264, L. 1974; amd. Sec. 2, Ch. 60, L. 1977; R.C.M. 1947, 68-2702; amd. Sec. 4, Ch. 472, L. 1981; Sec. 19-2-201, MCA 1991; redes. 19-50-201 by Code Commissioner, 1993; amd. Sec. 69, Ch. 471, L. 1999.