reglab/housing_qa huggingface dataset:
MT Code § 19-2-1004 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1004. Exemption from taxes and legal process

  19-2-1004. (Temporary) Exemption from taxes and legal process. (1) Except as provided in 19-2-907, 19-2-909, and subsection (2) of this section, the right of a person to any benefit or payment from a retirement system or plan and the money in the system or plan's pension trust fund is not:  (a) subject to execution, garnishment, attachment, or any other process;   (b) subject to state, county, or municipal taxes except for:   (i) a benefit or annuity received in excess of the amount determined pursuant to 15-30-2110(2)(c); or   (ii) a refund of a member's regular contributions picked up by an employer after June 30, 1985, as provided in 19-3-315, 19-5-402, 19-6-402, 19-7-403, 19-8-502, 19-9-710, or 19-13-601; or   (c) assignable except as specifically provided in this chapter.   (2) The right of a person to any benefit or payment from a retirement system or plan and the money in the system's or plan's pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:   (a) a United States tax lien or levy for past-due taxes; and   (b) execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. 3613.   19-2-1004. (Effective January 1, 2024) Exemption from taxes and legal process. (1) Except as provided in 19-2-907, 19-2-909, and subsection (2) of this section, the right of a person to any benefit or payment from a retirement system or plan and the money in the system or plan's pension trust fund is not:  (a) subject to execution, garnishment, attachment, or any other process;   (b) subject to county or municipal taxes except for a refund of a member's regular contributions picked up by an employer after June 30, 1985, as provided in 19-3-315, 19-5-402, 19-6-402, 19-7-403, 19-8-502, 19-9-710, or 19-13-601; or   (c) assignable except as specifically provided in this chapter.   (2) The right of a person to any benefit or payment from a retirement system or plan and the money in the system's or plan's pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:   (a) a United States tax lien or levy for past-due taxes; and   (b) execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. 3613.   History: En. 68-2502 by Sec. 50, Ch. 323, L. 1973; R.C.M. 1947, 68-2502; amd. Sec. 3, Ch. 464, L. 1985; amd. Sec. 6, Ch. 823, L. 1991; amd. Sec. 2, Ch. 259, L. 1993; amd. Sec. 38, Ch. 265, L. 1993; Sec. 19-3-105, MCA 1991; redes. 19-2-1004by Sec. 238, Ch. 265, L. 1993; amd. Sec. 16, Ch. 552, L. 1997; amd. Sec. 9, Ch. 490, L. 2001; amd. Sec. 2, Ch. 382, L. 2009; amd. Sec. 8, Ch. 195, L. 2017; amd. Sec. 42, Ch. 503, L. 2021.
MT Code § 19-2-1005 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1005. Compensation limit

  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, a retirement system or plan subject to this chapter may not include the following amounts of excess earnings in the calculation of a 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).   History: En. Sec. 39, Ch. 265, L. 1993; amd. Sec. 26, Ch. 471, L. 1999; amd. Sec. 10, Ch. 490, L. 2001; amd. Sec. 8, Ch. 284, L. 2009; amd. Sec. 2, Ch. 386, L. 2013.
MT Code § 19-2-1006 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1006. Use of forfeitures

  19-2-1006. Use of forfeitures. A retirement system or plan subject to this chapter may not apply forfeitures of benefits resulting from the member's termination of employment, the death of the member, or any other reason to increase the benefits of any member in a manner not permitted in Internal Revenue Code section 401(a)(8). However, forfeitures may be used to reduce the cost of administering a retirement system or plan subject to this chapter.   History: En. Sec. 40, Ch. 265, L. 1993; amd. Secs. 15, 46(3), Ch. 58, L. 1999; amd. Sec. 27, Ch. 471, L. 1999; amd. Sec. 11, Ch. 490, L. 2001.
MT Code § 19-2-1008 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1008. Budget Act superseded

  19-2-1008. Budget Act superseded. This chapter shall be valid and effective despite any provisions in the state Budget Act to the contrary.   History: En. 68-2508 by Sec. 56, Ch. 323, L. 1973; R.C.M. 1947, 68-2508; Sec. 19-3-106, MCA 1991; redes. 19-2-1008 by Sec. 238, Ch. 265, L. 1993.
MT Code § 19-2-1009 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1009. Penalty for fraud

  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.   History: En. Sec. 23, Ch. 289, L. 1967; R.C.M. 1947, 93-1129(part); amd. Sec. 42, Ch. 265, L. 1993; Sec. 19-5-104, MCA 1991; redes. 19-2-1009 by Sec. 238, Ch. 265, L. 1993.
MT Code § 19-2-1010 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1010. Retaining qualified plan status -- content of plan document -- board rulemaking authority

  19-2-1010. Retaining qualified plan status -- content of plan document -- board rulemaking authority. (1) The board shall administer the plan in the manner required to satisfy the applicable qualification requirements for a qualified governmental plan, as provided in the Internal Revenue Code. If a statutory provision affecting a retirement plan administered by the board conflicts with a qualification requirement in section 401 of the Internal Revenue Code or the retirement plan's status as a governmental plan under section 414(d) of the Internal Revenue Code and with consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements and allow the plan to retain its qualified status.   (2) For the purposes of section 401(a) of the Internal Revenue Code, the plan document for each retirement system is composed of the applicable provisions of the Montana constitution, this chapter, the applicable chapter in Title 19 governing the system, and applicable rules, policies, and plan documents adopted by the board.   (3) The board may adopt rules to implement this section.   History: En. Sec. 1, Ch. 370, L. 1997; amd. Sec. 17, Ch. 58, L. 1999; amd. Sec. 17, Ch. 429, L. 2003.
MT Code § 19-2-1011 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1011. Limitations on eligible rollover distributions

  19-2-1011. Limitations on eligible rollover distributions. (1) An eligible rollover distribution may not include:   (a) any distribution that is one of a series of substantially equal periodic payments made at least annually for:   (i) the life or the life expectancy of the distributee;   (ii) the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary; or   (iii) a specified period of 10 years or more;   (b) any distribution to the extent the distribution is required under section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. 401(a)(9);   (c) the portion of any distribution that is not includable in gross income; or   (d) any other distribution that is reasonably expected to total less than $200 during the year.   (2) (a) Effective January 1, 2002, a portion of a distribution may not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includable in gross income. However, that portion may be transferred only to:   (i) an individual retirement account or annuity described in section 408(a) or (b) of the Internal Revenue Code, 26 U.S.C. 408(a) or (b);   (ii) a qualified defined contribution plan described in section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);   (iii) a qualified plan described in section 403(a) of the Internal Revenue Code, 26 U.S.C. 403(a);   (iv) on or after January 1, 2007, a qualified defined benefit plan described in section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a); or   (v) an annuity contract described in section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b).   (b) The plans described in subsections (2)(a)(ii), (2)(a)(iv), and (2)(a)(v) must separately account for amounts that are transferred and earnings on those amounts, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable.   History: En. Sec. 9, Ch. 284, L. 2009; amd. Sec. 4, Ch. 240, L. 2013.
MT Code § 19-2-1012 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1012. reserved

  19-2-1012 reserved.
MT Code § 19-2-1013 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1013. Compliance with federal restrictions on interest rate crediting

  19-2-1013. Compliance with federal restrictions on interest rate crediting. Interest credited on any refund of accumulated member contributions under a defined benefit plan subject to Title 19, chapter 2, must comply with any applicable provisions of the federal Age Discrimination in Employment Act, Public Law 90-202, and any applicable U.S. treasury regulations establishing market rates of return for purposes of complying with that federal act.   History: En. Sec. 10, Ch. 284, L. 2009.
MT Code § 19-2-1014 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1014. Compliance with federal laws regarding service in uniformed services

  19-2-1014. Compliance with federal laws regarding service in uniformed services. (1) With respect to a member's death occurring on or after January 1, 2007, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. 4303 and to the extent required by section 401(a)(37) of the Internal Revenue Code, 26 U.S.C. 401(a)(37), the designated beneficiaries are entitled to benefits that the system would have provided if the member's death had occurred while in covered employment. In any event, a deceased member's period of qualified service in the uniformed services must be counted for vesting purposes.   (2) With respect to a member's disability occurring on or after January 1, 2009, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. 4303 and to the extent permitted by section 414(u)(9) of the Internal Revenue Code, 26 U.S.C. 414(u)(9), the member is entitled to any benefits that the system would have provided had the member become disabled while in covered employment.   History: En. Sec. 24, Ch. 284, L. 2009; amd. Sec. 5, Ch. 240, L. 2013; amd. Sec. 3, Ch. 140, L. 2015.
MT Code § 19-2-1015 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 10. Special Provisions|19-2-1015. Probate and nonprobate transfer statutes superseded

  19-2-1015. Probate and nonprobate transfer statutes superseded. If a provision of this chapter conflicts with a provision of Title 72, chapter 2, part 8, the provision of this chapter supersedes the conflicting provision of Title 72, chapter 2, part 8.   History: En. Sec. 19, Ch. 562, L. 1999.
MT Code § 19-2-1101 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 11. Postretirement Benefits and Benefit Increases (Repealed)|19-2-1101. Repealed

  19-2-1101. Repealed. Sec. 8, Ch. 62, L. 2001; sec. 130, Ch. 99, L. 2001.   History: En. Sec. 3, Ch. 287, L. 1997; amd. Sec. 20, Ch. 562, L. 1999.
MT Code § 19-2-1102 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 2. Public Employees' Retirement General Provisions|Part 11. Postretirement Benefits and Benefit Increases (Repealed)|19-2-1102. Repealed

  19-2-1102. Repealed. Sec. 130, Ch. 99, L. 2001.   History: En. Sec. 40, Ch. 471, L. 1999.
MT Code § 19-3-101 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-101. Short title

  19-3-101. Short title. This chapter may be cited as "The Public Employees' Retirement System Act".   History: En. Sec. 1, Ch. 323, L. 1973; R.C.M. 1947, 68-1504.
MT Code § 19-3-102 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-102. Repealed

  19-3-102. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-1501 by Sec. 2, Ch. 323, L. 1973; R.C.M. 1947, 68-1501.
MT Code § 19-3-103 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-103. Retirement system created -- system to consist of two plans

  19-3-103. Retirement system created -- system to consist of two plans. (1) A defined benefit retirement plan is created and established to become effective July 1, 1945.   (2) A defined contribution plan is established as provided in part 21 of this chapter.   (3) The public employees' retirement system consists of the defined benefit plan and the defined contribution plan. Each plan within the system is governed by the applicable provisions of chapter 2 and this chapter.   History: En. 68-1502 by Sec. 3, Ch. 323, L. 1973; R.C.M. 1947, 68-1502; amd. Sec. 43, Ch. 265, L. 1993; amd. Sec. 29, Ch. 471, L. 1999.
MT Code § 19-3-104 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-104. Renumbered 19-2-303

  19-3-104. Renumbered 19-2-303. Sec. 238, Ch. 265, L. 1993.
MT Code § 19-3-105 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-105. Renumbered 19-2-1004

  19-3-105. Renumbered 19-2-1004. Sec. 238, Ch. 265, L. 1993.
MT Code § 19-3-106 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-106. Renumbered 19-2-1008

  19-3-106. Renumbered 19-2-1008. Sec. 238, Ch. 265, L. 1993.
MT Code § 19-3-107 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-107. Renumbered 19-2-1001

  19-3-107. Renumbered 19-2-1001. Sec. 238, Ch. 265, L. 1993.
MT Code § 19-3-109 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-109. and 19-3-110 reserved

  19-3-109 and 19-3-110 reserved.
MT Code § 19-3-111 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-111. Exemption for certain university temporary employees -- "temporary employee" defined

  19-3-111. Exemption for certain university temporary employees -- "temporary employee" defined. (1) This chapter does not apply to a temporary employee of the university system.   (2) As used in this section, "temporary employee" means an employee of the university system who is hired into a position that is not permanent and who has negotiated an alternative benefits package through a labor organization certified to represent employees of the university system pursuant to Title 39, chapter 31. The employer contribution to the alternative benefits package may not exceed the cost of the benefits that the employee would otherwise be entitled to through employment.   History: En. Sec. 2, Ch. 121, L. 1995.
MT Code § 19-3-113 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-113. through 19-3-116 reserved

  19-3-113 through 19-3-116 reserved.
MT Code § 19-3-117 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 1. General Provisions|19-3-117. Board report required

  19-3-117. Board report required. As soon as possible after the completion of each annual actuarial valuation for the public employees' 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 progress toward 100% funding. The reporting requirement may be addressed in reports provided in accordance with 19-2-405.  History: En. Sec. 7, Ch. 390, L. 2013; amd. Sec. 44, Ch. 261, L. 2021.
MT Code § 19-3-202 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 2. Extension of Coverage by Local Government Employers|19-3-202. Request by individual employee for employer to participate

  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.   History: En. 68-1702 by Sec. 15, Ch. 323, L. 1973; R.C.M. 1947, 68-1702; amd. Sec. 233, Ch. 56, L. 2009.
MT Code § 19-3-203 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 2. Extension of Coverage by Local Government Employers|19-3-203. Conversion of local or state retirement plan

  19-3-203. Conversion of local or state retirement plan. (1) If the legislative body of any city, county, or public agency having an existing retirement, pension, or annuity fund or system, referred to as the local system, desires to make the members of the local system members of the public employees' retirement system, it may enter into a contract for that purpose with the board in the manner provided in 19-3-201. However, the employees voting, as provided in 19-3-201(2)(a), must be limited to active members of the local system, and approval requires an affirmative vote of two-thirds of the employees.   (2) Subject to the applicable provisions of this chapter, active members of the local system shall become members of either the defined benefit plan or the defined contribution plan of the retirement system and are no longer members of the local system. The pensions being paid to pensioners or annuitants of the local system on the effective date of the contract must be continued and paid at their existing rates by the public employees' retirement system. The liability for the pensions must be computed by the actuary and charged to the contracting employer. All cash and securities held by the local system must be transferred to the retirement system as of the effective date of the contract and credited to the employer. The value of the securities must be determined by the board.   (3) The trustees or other administrative head of the local system as of the effective date of the contract shall certify the proportion, if any, of the funds of the system that represents the accumulated contributions of the active members and the relative shares of the members as of that date. The shares must be charged to the employer and credited as accumulated contributions of the members in the public employees' retirement system and administered as if the contributions had been made during membership in the retirement system. Any excess of employer credits over charges under this section must be offset, with regular interest, against future required employer contributions. Any excess of employer charges over credits under this section must be payable by the contracting employer, with regular interest, on a monthly basis as specified in the contract.   History: En. 68-1703 by Sec. 16, Ch. 323, L. 1973; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1703; amd. Sec. 46, Ch. 265, L. 1993; amd. Sec. 32, Ch. 471, L. 1999.
MT Code § 19-3-204 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 3. Public Employees' Retirement System|Part 2. Extension of Coverage by Local Government Employers|19-3-204. Tax levy to meet employer's obligations

  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).   History: En. 68-1704 by Sec. 17, Ch. 323, L. 1973; R.C.M. 1947, 68-1704; amd. Sec. 4, Ch. 114, L. 1979; amd. Sec. 47, Ch. 265, L. 1993.