reglab/housing_qa huggingface dataset:
MT Code § 19-20-1002 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1002. Payments upon death of retiree

  19-20-1002. Payments upon death of retiree. (1) In the event of the death of a retired member:   (a) a lump-sum death benefit of $500 is payable to the joint annuitant or in equal shares to the deceased retiree's eligible beneficiary or beneficiaries receiving benefits under either subsection (2), (3), or (4) and is in addition to those benefits; and   (b) subject to 19-20-1009, the sum of $200 a month must be paid to each minor child of the deceased retiree until the child reaches 18 years of age.   (2) If the member was receiving a normal form retirement allowance, a lump-sum refund of the member's account balance must be paid to the eligible beneficiary or beneficiaries in equal shares.   (3) If the member was receiving a joint and survivor annuity optional retirement allowance:   (a) monthly benefits must continue to be paid to the joint annuitant; or   (b) if there is no surviving joint annuitant, a lump-sum refund of the member's account balance must be paid to the member's alternate beneficiary or beneficiaries in equal shares.   (4) If the retired member was receiving a 10-year or 20-year period certain retirement allowance, until the period has expired:   (a) if the eligible beneficiary is one or more individuals, the monthly benefits must continue to be paid to the eligible beneficiary or beneficiaries in equal shares. If there is more than one eligible beneficiary, upon the death of one eligible beneficiary, the benefit amount payable to the deceased beneficiary must be redistributed in equal shares to the surviving eligible beneficiaries. If all eligible beneficiaries die before the period has expired, a lump-sum amount actuarially determined to be the present value of all monthly benefits remaining to be paid over the period must be paid to the alternate beneficiary of the last surviving eligible beneficiary.   (b) if the eligible beneficiary is the deceased retiree's estate or trust, a lump-sum amount actuarially determined to be the present value of all monthly benefits remaining to be paid over the period must be paid to the eligible beneficiary.   History: En. 75-6208 by Sec. 103, Ch. 5, L. 1971; amd. Sec. 2, Ch. 57, L. 1971; amd. Sec. 2, Ch. 422, L. 1971; amd. Sec. 4, Ch. 507, L. 1973; amd. Sec. 3, Ch. 26, L. 1975; amd. Sec. 5, Ch. 127, L. 1977; amd. Sec. 5, Ch. 331, L. 1977; amd. Sec. 1, Ch. 443, L. 1977; R.C.M. 1947, 75-6208 (part); amd. Sec. 5, Ch. 56, L. 1989; Sec. 19-4-1002, MCA 1991; redes. 19-20-1002 by Code Commissioner, 1993; amd. Sec. 29, Ch. 442, L. 1997; amd. Sec. 18, Ch. 59, L. 2011; amd. Sec. 7, Ch. 39, L. 2017; amd. Sec. 13, Ch. 276, L. 2019.
MT Code § 19-20-1003 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1003. Payment of death benefits

  19-20-1003. Payment of death benefits. (1) Death benefits paid from the system are subject to the requirements of this section.   (2) Death benefits must be distributed in accordance with section 401(a)(9) of the Internal Revenue Code and the regulations adopted under that section.   (3) The amount of benefits payable to a retired member's beneficiary or joint annuitant may not exceed the maximum determined under the incidental death benefit requirements of the Internal Revenue Code.   (4) If the member dies before retirement benefits commence and a benefit is payable pursuant to 19-20-1001, distributions to the member's beneficiaries must begin as soon as administratively feasible and must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died. If the beneficiary has not elected the form of payment by the date on which the beneficiary is to receive the benefit and the beneficiary is eligible for a monthly benefit, the benefit must be paid as provided in 19-20-702(3)(a)(i) or a lump sum must be paid if that is the only benefit due the beneficiary.   History: En. Sec. 25, Ch. 111, L. 1999; amd. Sec. 16, Ch. 282, L. 2009; amd. Sec. 19, Ch. 59, L. 2011.
MT Code § 19-20-1004 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1004. Compliance with federal act

  19-20-1004. Compliance with federal act. With respect to a member's death occurring on or after January 1, 2007, while a member is performing qualified military service covered under the Heroes Earnings Assistance and Relief Tax Act of 2008, Public Law 110-245, and to the extent required by section 401(a)(37) of the Internal Revenue Code, 26 U.S.C. 401(a)(37), the designated beneficiaries are entitled to benefits that the system would have provided if the member had resumed employment and then died and that are contingent on the member's death while employed.   History: En. Sec. 17, Ch. 282, L. 2009.
MT Code § 19-20-1005 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1005. Alternate beneficiaries

  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.   History: En. Sec. 14, Ch. 276, L. 2019.
MT Code § 19-20-1007 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1007. Requirements for beneficiary designation to be effective

  19-20-1007. Requirements for beneficiary designation to be effective. (1) To be accepted as an effective beneficiary designation, the beneficiary designation record must:   (a) be made on a paper form or by an electronic process prescribed by the retirement system specifically for the designation of beneficiaries;   (b) if submitted electronically, include the certified digital signature of the member or, if submitted on a paper form, be signed by the member and notarized;   (c) specifically identify each eligible beneficiary intended to be designated as a beneficiary;   (d) include all required information and supporting documentation for each designated beneficiary;   (e) comply with all other stated requirements and limitations; and   (f) be submitted to the retirement system while the member is still alive.   (3) (a) The retirement system is not responsible for verifying beneficiary information provided by a designator.   (b) The retirement system may accept or decline a beneficiary designation record pending receipt of required supporting documentation. However, if the retirement system accepts a beneficiary designation record pending receipt of supporting documentation, the beneficiary designation is not effective unless the retirement system receives all required supporting documentation within the required timeframe.   (c) If multiple beneficiaries are designated on a beneficiary designation record and the retirement system accepts the beneficiary designation as effective but later determines that one or more of the beneficiaries was not effectively designated or is not an eligible beneficiary at the time payment is to be made, the beneficiary designation will remain in effect with the ineffectively designated or ineligible beneficiaries deemed to have predeceased the member.   History: En. Sec. 16, Ch. 276, L. 2019.
MT Code § 19-20-1008 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1008. Changes to beneficiary designations -- limitations on changing spouse beneficiary interest

  19-20-1008. Changes to beneficiary designations -- limitations on changing spouse beneficiary interest. (1) Once accepted by the retirement system, a beneficiary designation may be changed only by the member submitting to the retirement system a new effective beneficiary designation record. No other action, process, or provision of law may invalidate, revoke, terminate, or otherwise modify the beneficiary designation record. Divorce, annulment, or other circumstances resulting in the termination of a valid or invalid marriage does not void the member's designation of the former spouse or purported spouse as a beneficiary.   (2) (a) Except as provided in subsection (3), a member may change the member's beneficiary designation at any time by filing with the retirement system a new beneficiary designation record.   (b) The new beneficiary designation must meet all requirements specified in 19-20-1007 to be effective.   (c) A new effective beneficiary designation invalidates all prior beneficiary designations.   (3) (a) A member may not reduce or revoke the beneficiary interest of a designated beneficiary identified as the member's spouse if a divorce is pending, except with a signed and notarized waiver of beneficiary interest made by the spouse or pursuant to an order of the court in which the divorce is pending.   (b) If a change resulting in a reduction or revocation of a spouse beneficiary's interest is made by the member, the member shall establish the member's right to reduce or revoke the spouse beneficiary's interest by completing a certification of marital status.   History: En. Sec. 17, Ch. 276, L. 2019.
MT Code § 19-20-1009 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1009. Payment to minor child -- opportunity to name custodian

  19-20-1009. Payment to minor child -- opportunity to name custodian. (1) The retirement system may not make a payment directly to an individual who is less than 21 years of age.   (2) The retirement system shall make a payment to which a minor child is entitled by making the payment to an entity or adult designated as a custodian for the minor child pursuant to the Montana Uniform Transfers to Minors Act or to a person or entity designated by court order as legal guardian or conservator for the minor child.   (3) If a custodian for the child has not been designated, the retirement system shall withhold payment of any amount until the minor child attains 21 years of age or until a court order of guardianship or conservatorship is issued on behalf of the child.   History: En. Sec. 18, Ch. 276, L. 2019.
MT Code § 19-20-1010 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1010. through 19-20-1012 reserved

  19-20-1010 through 19-20-1012 reserved.
MT Code § 19-20-1013 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 10. Death Benefits|19-20-1013. Supremacy of retirement system provisions

  19-20-1013. Supremacy of retirement system provisions. The designation and payment of beneficiaries under the retirement system is governed solely by the provisions of this chapter. No other provisions of law apply.   History: En. Sec. 19, Ch. 276, L. 2019.
MT Code § 19-20-1101 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 11. Group Insurance|19-20-1101. Withholding of group insurance premium from retirement allowance

  19-20-1101. Withholding of group insurance premium from retirement allowance. (1) A retired member who is a participant in an approved employer-sponsored group insurance plan may elect to have the monthly premium for the group insurance withheld from the member's retirement allowance by the retirement system. Premiums withheld must be paid directly to the sponsoring employer.   (2) Upon the death of a retired member, the joint annuitant or beneficiary, if eligible, may elect to continue to have the monthly insurance premium withheld from a monthly retirement benefit.   (3) Each month, using the retirement system's online employer reporting system, the employer shall commence withholding, cease withholding, or process any necessary adjustments to the premium amount on behalf of the benefit recipient, including verification that all authorized insurance deductions are correct.   (4) The employer shall notify the benefit recipient of any changes related to the premiums, including any changes to the premium amount, prior to the effective date of the change.   History: En. Sec. 1, Ch. 20, L. 1987; Sec. 19-4-1101, MCA 1991; redes. 19-20-1101 by Code Commissioner, 1993; amd. Sec. 14, Ch. 174, L. 2003; amd. Sec. 18, Ch. 90, L. 2007; amd. Sec. 20, Ch. 59, L. 2011; amd. Sec. 10, Ch. 366, L. 2013; amd. Sec. 29, Ch. 210, L. 2015.
MT Code § 19-20-1201 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1201. Definitions

  19-20-1201. Definitions. As used in this part, the following definitions apply:   (1) "Amount owed" means the total amount of overpaid benefits or unpaid contributions plus accrued interest as provided in 19-20-1206 and costs and fees awarded as provided in 19-20-1214.   (2) "Benefit recipient" means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member.   (3) "Error" means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:   (a) a clerical mistake;   (b) a failure to fully and correctly perform a required act or provide required information;   (c) an assertion or other representation of fact or circumstance that is not complete and accurate; or   (d) an incorrect understanding, construction, or application of plan terms or other applicable law or policy.   (4) "Overpaid benefits" or "overpayment" means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error.   (5) "Unpaid contributions" means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error.   History: En. Sec. 1, Ch. 210, L. 2015.
MT Code § 19-20-1202 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1202. Correction of errors

  19-20-1202. Correction of errors. The retirement system shall correct errors and, as far as practicable, shall:   (1) in the case of underpaid benefits, adjust future benefit payments so the actuarial equivalent of the benefit to which the member or benefit recipient is correctly entitled will be paid;   (2) in the case of overpaid contributions, refund the excess contributions;   (3) in the case of unpaid contributions, recover the amounts owed for unpaid contributions; and   (4) in the case of overpaid benefits, recover the amounts owed for overpayment.   History: En. Sec. 2, Ch. 210, L. 2015.
MT Code § 19-20-1203 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1203. Recovery of unpaid employer contributions

  19-20-1203. Recovery of unpaid employer contributions. An amount owed for unpaid employer contributions must be paid to the retirement system by the employer and is not subject to reduction for any reason.   History: En. Sec. 3, Ch. 210, L. 2015.
MT Code § 19-20-1204 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1204. Recovery of unpaid employee contributions

  19-20-1204. Recovery of unpaid employee contributions. (1) An amount owed for unpaid employee contributions must be paid to the retirement system by the employer if, at the time the contributions were due, the employer was legally required to pick up and remit the contributions to the retirement system on behalf of the member pursuant to 19-20-602(3)(a) and the unpaid contributions resulted from or were furthered by the employer's error.   (2) An amount owed for unpaid employee contributions not payable by the employer under subsection (1) must be paid to the retirement system by the member or benefit recipient.   History: En. Sec. 4, Ch. 210, L. 2015.
MT Code § 19-20-1205 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1205. Recovery of overpayments

  19-20-1205. Recovery of overpayments. (1) Subject to subsection (2), an amount owed to the retirement system for overpaid benefits must be recovered as follows:   (a) from any retirement benefit or other amount payable by the retirement system to a benefit recipient; or   (b) through repayment by a benefit recipient who received an overpayment or by the estate of the benefit recipient.   (2) If an overpayment resulted from or was furthered by an employer's error, the employer is jointly and severally liable for all amounts owed to the retirement system for the overpayment.   History: En. Sec. 5, Ch. 210, L. 2015.
MT Code § 19-20-1206 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1206. Interest on overpayments and unpaid contributions

  19-20-1206. Interest on overpayments and unpaid contributions. (1) Except as provided in subsection (2), overpaid benefits and unpaid contributions accrue interest at the retirement system's actuarially assumed annual rate of return, compounded monthly. Interest accrues beginning on the date that the first erroneous payment was made or that the contributions were first due and continues to accrue until the amount owed to the retirement system is fully paid.   (2) If overpaid benefits or unpaid contributions resulted solely from an error made by the retirement system, the amount owed may not include interest.   History: En. Sec. 6, Ch. 210, L. 2015.
MT Code § 19-20-1207 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1207. through 19-20-1210 reserved

  19-20-1207 through 19-20-1210 reserved.
MT Code § 19-20-1211 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1211. Notices required -- initial notice -- final staff determination

  19-20-1211. Notices required -- initial notice -- final staff determination. (1) (a) Before taking action to correct an error or recover overpaid benefits or unpaid contributions, the retirement system shall provide a written initial notice to any person or entity from whom the overpayment or unpaid contributions may be recovered.   (b) The initial notice must:   (i) specify the grounds for the retirement system's initial determination that an error has occurred;   (ii) specify, to the extent practicable, the amount owed for overpaid benefits or unpaid contributions;   (iii) identify additional documentation or information, if any, required to be provided to the retirement system for a final staff determination; and   (iv) provide an opportunity for the noticed party or parties to submit additional documentation or information they believe is relevant to the retirement system's determination.   (2) (a) Unless additional time is required for good cause, the retirement system shall issue a final staff determination within 180 days after the date the initial notice was issued.   (b) The final staff determination must specify the process required for a party to appeal the final staff determination to the retirement board.   (3) Notice provided pursuant to this section may be provided to multiple persons or entities as a standardized notice directed to multiple recipients.   History: En. Sec. 7, Ch. 210, L. 2015.
MT Code § 19-20-1212 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 20. Teachers' Retirement|Part 12. Unpaid Contributions and Overpayments|19-20-1212. Recovery methods

  19-20-1212. Recovery methods. (1) The retirement system may use any or all of the following methods to recover amounts owed from a member or benefit recipient:   (a) accept a lump-sum payment;   (b) accept installment payments;   (c) accept a rollover payment from a member;   (d) actuarially adjust monthly benefit payments;   (e) withhold up to 50% of each monthly benefit payment;   (f) withhold up to 100% of a lump-sum distribution; or   (g) withhold up to 100% of the lump-sum death benefit payable under 19-20-1001(1)(b) or 19-20-1002(1)(a).   (2) For payment of amounts owed by an employer, the retirement system may use any or all of the following methods:   (a) adjust the amount of subsequent contributions due from the employer;   (b) accept installment payments; or   (c) accept a lump-sum payment.   History: En. Sec. 9, Ch. 210, L. 2015; amd. Sec. 20, Ch. 276, L. 2019.