reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-315. Member's contribution to be deducted

19-3-315. Member's contribution to be deducted.
(1) (a) Except as provided in subsection (2), each member's contribution is 7.9% of the member's compensation.
(b) The board shall annually review the required contributions and recommend future adjustments to the legislature as needed to maintain the amortization schedule set by the board for the payment of the system's unfunded liability.
(2) Each member's contribution must be reduced to 6.9% on January 1 following the system's annual actuarial valuation if the valuation determines that reducing the employee contribution pursuant to this subsection and reducing the employer contribution pursuant to 19-3-316(4) would not cause the system's amortization period to exceed 25 years.
(3) Payment of salaries or wages less the contribution is full and complete discharge and acquittance of all claims and demands for the service rendered by members during the period covered by the payment, except their claims to the benefits to which they may be entitled under the provisions of this chapter.
(4) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code, 26 U.S.C. 414(h)(2), shall pick up and pay the contributions that would be payable by the member under subsection (1) or (2) for service rendered after June 30, 1985.
(5) (a) 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.
(b) In the case of a member of the defined benefit plan, these contributions must become part of the member's accumulated contributions but must be accounted for separately from those previously accumulated.
(c) In the case of a member of the defined contribution plan, these contributions must be allocated as provided in 19-3-2117.
(6) The member's contributions picked up by the employer must be payable from the same source as is used to pay compensation to the member and must be included in the member's wages, as defined in 19-1-102, and 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.
History: En. 68-1902 by Sec. 23, Ch. 323, L. 1973; amd. Sec. 5, Ch. 128, L. 1975; R.C.M. 1947, 68-1902; amd. Sec. 4, Ch. 464, L. 1985; amd. Sec. 1, Ch. 558, L. 1989; amd. Sec. 52, Ch. 265, L. 1993; Sec. 19-3-701, MCA 1991; redes. 19-3-315 by Code Commissioner, 1993; amd. Sec. 8, Ch. 287, L. 1997; amd. Sec. 33, Ch. 471, L. 1999; amd. Sec. 11, Ch. 284, L. 2009; amd. Sec. 2, Ch. 369, L. 2011; amd. Sec. 3, Ch. 390, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-316. Employer contribution rates

19-3-316. Employer contribution rates.
(1) Each employer shall contribute to the system. Except as provided in subsection (2), the employer shall pay as employer contributions 6.9% of the compensation paid to all of the employer's employees plus any additional contribution under subsection (3), except for those employees properly excluded from membership. Of employer contributions made under this subsection for both defined benefit plan and defined contribution plan members, a portion must be allocated for educational programs as provided in 19-3-112. Employer contributions for members under the defined contribution plan must be allocated as provided in 19-3-2117.
(2) Local government and school district employer contributions must be the total employer contribution rate provided in subsection (1) minus the state contribution rates under 19-3-319.
(3) (a) Subject to subsection (4), each employer shall contribute to the system an additional employer contribution equal to the percentage specified in subsection (3)(b) of the compensation paid to all of the employer's employees, except for those employees properly excluded from membership.
(b) The percentage of compensation to be contributed under subsection (3)(a) is 1.27% for fiscal year 2014 and increases by 0.1% each fiscal year through fiscal year 2024. For fiscal years beginning after June 30, 2024, the percentage of compensation to be contributed under subsection (3)(a) is 2.27%.
(4) (a) The board shall annually review the additional employer contribution provided for under subsection (3) and recommend adjustments to the legislature as needed to maintain the amortization schedule set by the board for payment of the system's unfunded liabilities.
(b) The employer contribution required under subsection (3) terminates on January 1 following the board's receipt of the system's actuarial valuation if the actuarial valuation determines that terminating the additional employer contribution pursuant to this subsection (4)(b) and reducing the employee contribution pursuant to 19-3-315(2) would not cause the amortization period to exceed 25 years.
History: En. 68-2504 by Sec. 52, Ch. 323, L. 1973; amd. Sec. 12, Ch. 128, L. 1975; R.C.M. 1947, 68-2504(part); amd. Sec. 1, Ch. 254, L. 1981; amd. Sec. 3, Ch. 549, L. 1981; amd. Sec. 2, Ch. 663, L. 1983; amd. Sec. 2, Ch. 558, L. 1989; amd. Sec. 53, Ch. 265, L. 1993; Sec. 19-3-801, MCA 1991; redes. 19-3-316 by Code Commissioner, 1993; amd. Sec. 9, Ch. 287, L. 1997; amd. Sec. 50, Ch. 51, L. 1999; amd. Sec. 34, Ch. 471, L. 1999; amd. Sec. 14, Ch. 329, L. 2005; amd. Sec. 1, Ch. 371, L. 2007; amd. Sec. 9, Ch. 283, L. 2009; amd. Sec. 4, Ch. 390, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-317. State employer to include costs in budget

19-3-317. State employer to include costs in budget.
Every state employer shall include in its budget and request for legislative appropriations an amount necessary to defray the state's part of the costs of this chapter for its employees to the end that the legislature may make definite appropriation for the cost incurred by each employer the employees of which are within the retirement system created by this chapter.
History: En. 68-2505 by Sec. 53, Ch. 323, L. 1973; amd. Sec. 11, Ch. 99, L. 1977; R.C.M. 1947, 68-2505(2); Sec. 19-3-803, MCA 1991; redes. 19-3-317 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-318. Credit of contributions made after member becomes inactive

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.
History: En. Sec. 68-1602 by Sec. 6, Ch. 323, L. 1973; amd. Sec. 1, Ch. 374, L. 1974; amd. Sec. 1, Ch. 16, L. 1975; amd. Sec. 1, Ch. 128, L. 1975; amd. Sec. 1, Ch. 99, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1602(8)(c); amd. Sec. 54, Ch. 265, L. 1993; Sec. 19-3-405, MCA 1991; redes. 19-3-318 by Code Commissioner, 1993; amd. Sec. 19, Ch. 58, L. 1999; amd. Sec. 15, Ch. 329, L. 2005; amd. Sec. 6, Ch. 400, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-319. State contributions for local government and school district employers

19-3-319. State contributions for local government and school district employers.
(1) The state shall contribute monthly from the general fund to the pension trust fund a sum equal to 0.1% of the compensation paid to all employees of local government entities and school districts on and after July 1, 1997, except those employees properly excluded from membership.
(2) (a) Subject to subsection (2)(b), in addition to the contribution required under subsection (1), the state shall contribute monthly from the general fund to the pension trust fund a sum equal to 0.27% of the compensation paid to all employees of school districts except for those employees properly excluded from membership.
(b) The additional contribution under subsection (2)(a) terminates when the additional contribution under 19-3-316(3) terminates.
(3) The board shall certify amounts due under this section on a monthly basis, and the state treasurer shall transfer those amounts to the pension trust fund within 1 week. The payments in this section are statutorily appropriated as provided in 17-7-502.
History: En. Sec. 4, Ch. 287, L. 1997; amd. Sec. 39(1)(a), Ch. 532, L. 1997; amd. Sec. 23, Ch. 562, L. 1999; amd. Sec. 16, Ch. 329, L. 2005; amd. Sec. 2, Ch. 371, L. 2007; amd. Sec. 14, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 3. Contributions and Refunds › 19-3-320. Supplemental state contribution -- appropriation

19-3-320. Supplemental state contribution -- appropriation.
(1) (a) For the fiscal year beginning July 1, 2017, the state shall contribute $31.386 million and for the fiscal year beginning July 1, 2018, the state shall contribute $31.958 million from the general fund to the public employees' retirement system pension trust as a supplemental contribution to the public employees' retirement system.
(b) Starting in the fiscal year beginning July 1, 2019, the state shall contribute from the general fund to the public employees' retirement system pension trust 101% of the contribution from the previous years as a supplemental contribution to the public employees' retirement system.
(c) The 69th legislature shall review the performance of subsection (1)(b) and make recommendations for adjustments as needed.
(2) This contribution is statutorily appropriated, as provided in 17-7-502, from the general fund to the pension trust fund.
History: En. Sec. 3, Ch. 351, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 4. Eligibility, Membership, and Vesting › 19-3-401. Membership -- inactive vested members -- inactive nonvested members

19-3-401. Membership -- inactive vested members -- inactive nonvested members.
(1) Except as otherwise provided in this chapter, all employees become members of the defined benefit plan on the first day of service. Each employer shall file with the board information affecting the employer's employees' status as members as the board may require. An employee may become a member of the defined contribution plan only as provided in Title 19, chapter 3, part 21.
(2) (a) An inactive member of the defined benefit plan with at least 5 years of membership service is an inactive vested member and retains the right to purchase service credit and to receive a service retirement benefit subject to the provisions of this chapter.
(b) If an inactive vested member of the defined benefit plan chooses to take a lump-sum payment rather than a retirement benefit, the lump-sum payment consists of only the member's accumulated contributions and not the employer's contributions.
(3) (a) An inactive member of the defined benefit plan with less than 5 years of membership service is an inactive nonvested member and is not eligible for any benefits from the retirement plan.
(b) An inactive nonvested member of the defined benefit plan is eligible only for a refund of the member's accumulated contributions.
(4) Except as otherwise provided in this chapter, a member of either the defined benefit plan or the defined contribution plan is an active member of the system and is not eligible for a refund of contributions or for benefit payments if the member either:
(a) returns to service within 30 days of termination of employment; or
(b) terminates one employment but remains employed in another position covered by the system.
(5) Time during which an employee of a school district, the Montana school for the deaf and blind, or a public institution of higher education is absent from service during official vacation is counted as membership service in determining eligibility for retirement benefits.
History: En. 68-1601 by Sec. 5, Ch. 323, L. 1973; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1601; amd. Sec. 1, Ch. 162, L. 1991; amd. Sec. 49, Ch. 265, L. 1993; amd. Sec. 12, Ch. 370, L. 1997; amd. Sec. 35, Ch. 471, L. 1999; amd. Secs. 24, 99(1)(d), Ch. 562, L. 1999; amd. Sec. 19, Ch. 429, L. 2003; amd. Sec. 17, Ch. 329, L. 2005; amd. Sec. 6, Ch. 128, L. 2007; amd. Sec. 15, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 4. Eligibility, Membership, and Vesting › 19-3-402. Federally subsidized employees eligible

19-3-402. Federally subsidized employees eligible.
A person whose compensation is paid either fully or in part from federal funds but who is not subject to the federal retirement system is considered an employee and is entitled to all benefits and is required to make all employee contributions under the retirement system based upon the full salary received by such employee, including that portion of salary paid from federal funds.
History: En. 68-2510 by Sec. 58, Ch. 323, L. 1973; amd. Sec. 1, Ch. 445, L. 1977; R.C.M. 1947, 68-2510; amd. Sec. 1, Ch. 458, L. 1983.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 4. Eligibility, Membership, and Vesting › 19-3-411. Eligible employees

19-3-411. Eligible employees.
Subject to 19-3-402, 19-3-403, 19-3-412, and 19-3-413, eligible employees under the system who are not covered by a separate retirement system under this title include the following:
(1) any employee of the state of Montana, its university system or any of the colleges, schools, components, or units of the university system; and
(2) any employee of a contracting employer eligible to participate under the contract between the board and the contracting employer under 19-3-201.
History: En. Sec. 48, Ch. 265, L. 1993; amd. Sec. 7, Ch. 248, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 4. Eligibility, Membership, and Vesting › 19-3-413. Optional membership -- elected officials

19-3-413. Optional membership -- elected officials.
(1) (a) Except as provided in 5-2-304, 19-20-302(1)(g) and (2), and subsection (2) of this section, a person who is elected or appointed to an elected office and paid a salary or wage by an employer shall elect either to become an active member of the retirement system or to decline this optional membership by filing an irrevocable, written application with the board in the manner prescribed in subsection (3).
(b) If the elected official is a retired member, the elected official may make an election under this section to become an active member or to decline membership and remain a retired member with no limitation on the number of hours worked or wages earned in the elected office.
(2) An elected official who works more than 960 hours in a fiscal year in that elected office and who was an active or inactive member before becoming an elected official is not eligible to make an election under subsection (1). An active member remains an active member for all covered employment, and an inactive member shall become an active member.
(3) (a) The board shall prescribe the form of the written application required pursuant to this section and provide the form to each employer.
(b) An election form must be completed and returned to the board within 90 days after the elected official assumes office. Failure to file the written application form within 90 days is considered an election to decline membership.
(c) The employer shall retain a copy of the elected official's written application.
(4) Except as provided in subsection (5), an elected official who declines optional membership may not receive membership service or service credit for any employment in the position for which membership was declined.
(5) An elected official who declined optional membership under this section but who later becomes a member may purchase service credit for the period of time the person was employed in the optional position and declined membership. Purchase of service credit pursuant to this subsection must comply with 19-3-505.
(6) An elected official who has made an election under this section and who is reelected or reappointed to the same office is not eligible to make a new election.
(7) For purposes of this section, "elected official" means all persons covered by subsection (1)(a).
History: En. Sec. 9, Ch. 248, L. 2015; amd. Sec. 12, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-501. Absence not included in service

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.
History: En. 68-1604 by Sec. 8, Ch. 323, L. 1973; amd. Sec. 2, Ch. 99, L. 1977; R.C.M. 1947, 68-1604; amd. Sec. 55, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-503. Application to purchase military service

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.
History: En. 68-1605.1 by Sec. 10, Ch. 323, L. 1973; amd. Sec. 2, Ch. 128, L. 1975; R.C.M. 1947, 68-1605.1; amd. Sec. 5, Ch. 609, L. 1989; amd. Sec. 56, Ch. 265, L. 1993; amd. Sec. 10, Ch. 287, L. 1997; amd. Sec. 21, Ch. 58, L. 1999; amd. Sec. 1, Ch. 494, L. 1999; amd. Sec. 21, Ch. 99, L. 2001; amd. Sec. 1, Ch. 26, L. 2003; amd. Sec. 1, Ch. 289, L. 2003; amd. Secs. 22, 122(1), Ch. 429, L. 2003; amd. Sec. 4, Ch. 172, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-504. Absence due to illness or injury

19-3-504. Absence due to illness or injury.
(1) Time, not to exceed 5 years, during which a member is absent from service because of injury or illness is considered membership service if, within 1 year after the end of the absence, the injury or illness is determined to have arisen out of and in the course of the member's employment. However, the member may not earn service credit for this period unless the member files with the board a written notice of the member's intent to purchase the time of absence and complies with subsection (2), in which case the absence is considered as time spent in service for both service credit and membership service.
(2) (a) A member absent because of an employment-related illness or injury entitling the member to workers' compensation payments may, upon the member's return to service or upon termination of employment if the member cannot return to service due to the illness or injury, contribute to the retirement system an amount equal to the contributions that would have been made by the member to the system during the absence. The amount of contributions owed will be based on the member's compensation at the commencement of the member's absence, plus regular interest accruing 1 year from the date after the member returns to service or terminates employment to the date the member contributes for the period of absence.
(b) Whenever a member elects to contribute under subsection (2)(a), the employer shall contribute employer contributions for the period of absence based on the salary as calculated in subsection (2)(a) and may pay interest on the employer's contribution calculated in the same manner as interest on the employee's contribution under subsection (2)(a). An employer electing to make an interest payment shall do so for all employees similarly situated. If the employer elects not to pay the interest costs, this amount must be paid by the employee.
(3) A member loses the right to contribute for:
(a) the entire absence under this section if all of the member's accumulated contributions are refunded pursuant to 19-2-602; or
(b) the period of time during which retirement benefits are received if the member retires during the absence.
History: En. 68-1606 by Sec. 11, Ch. 323, L. 1973; amd. Sec. 1, Ch. 300, L. 1977; R.C.M. 1947, 68-1606; amd. Sec. 1, Ch. 311, L. 1983; amd. Sec. 1, Ch. 103, L. 1987; amd. Sec. 57, Ch. 265, L. 1993; amd. Sec. 14, Ch. 370, L. 1997; amd. Sec. 22, Ch. 58, L. 1999; amd. Sec. 23, Ch. 429, L. 2003; amd. Sec. 11, Ch. 283, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-505. Purchase of previous employment with employer

19-3-505. Purchase of previous employment with employer.
(1) Subject to the provisions of this section, a member who has employment for which optional membership was declined or employment with an employer prior to the employer's contract coverage may file a written application with the board to purchase all or a portion of the employment for service credit and membership service. The application must include salary information certified by the member's employer or former employer.
(2) (a) A purchase under this section is subject to the board's approval.
(b) If the board approves the request, the member shall pay all contributions that the member would have contributed during the period of employment as if the employment had been covered by the retirement system and shall pay the regular interest that would have accumulated on the amount to the time of payment.
(c) The employer shall establish a policy as to the payment of retroactive employer contributions or retroactive employer contributions and regular interest and apply this policy indiscriminately for all employees and former employees. All employee appeals of discrimination are subject to the determination of the board. All successful appeals obligate the employer to pay the employer and employee contributions with accrued interest for that employee filing the appeal with the board. Each appeal must be heard on its individual merits and may not bind the employer to pay all retroactive payments for all former and present employees.
(d) If the employer establishes a policy under subsection (2)(c) of nonpayment, the member shall pay the amount not paid by the employer in order to receive service credit and membership service for the period of employment.
History: En. 68-1607 by Sec. 12, Ch. 323, L. 1973; amd. Sec. 2, Ch. 190, L. 1974; amd. Sec. 3, Ch. 128, L. 1975; amd. Sec. 1, Ch. 89, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1607; amd. Sec. 2, Ch. 103, L. 1987; amd. Sec. 58, Ch. 265, L. 1993; amd. Sec. 23, Ch. 58, L. 1999; amd. Sec. 27, Ch. 562, L. 1999; amd. Sec. 22, Ch. 99, L. 2001; amd. Sec. 24, Ch. 429, L. 2003; amd. Sec. 20, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-506. Repealed

19-3-506. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-1608 by Sec. 13, Ch. 323, L. 1973; amd. Sec. 4, Ch. 128, L. 1975; amd. Sec. 2, Ch. 89, L. 1977; amd. Sec. 4, Ch. 99, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1608.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-507. Repealed

19-3-507. Repealed.
Sec. 4, Ch. 290, L. 1983.
History: En. 68-2511 by Sec. 59, Ch. 323, L. 1973; amd. Sec. 13, Ch. 99, L. 1977; R.C.M. 1947, 68-2511.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-509. Repealed

19-3-509. Repealed.
Sec. 120, Ch. 429, L. 2003.
History: En. Sec. 1, Ch. 145, L. 1981; amd. Sec. 3, Ch. 290, L. 1983: amd. Sec. 1, Ch. 331, L. 1983; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 59, Ch. 265, L. 1993; amd. Sec. 10, Ch. 412, L. 1995; amd. Sec. 52, Ch. 51, L. 1999; amd. Sec. 28, Ch. 562, L. 1999; amd. Sec. 23, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-510. Employment in United States government

19-3-510. Employment in United States government.
(1) A member who is assigned to an agency of the United States government under the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701, et seq., may purchase the federal employment as service credit in the retirement system under subsection (2) if:
(a) the member has accrued 5 years or more of membership service in the retirement system; and
(b) the member returns to full-time service with the former state or local government employer for at least 1 year after completing employment in the United States government.
(2) A member of the retirement system who is assigned to an agency of the United States government has the option to:
(a) continue the member's payments into the pension trust fund; or
(b) purchase service credit for the period of federal employment under this section within 2 years after return to service under the retirement system.
(3) Salary earned while on assignment to an agency of the United States government must be considered compensation for the purposes of the retirement system and may be included in the determination of highest average compensation if the highest average compensation does not exceed 100% of the member's highest annual compensation earned as a state or local government employee.
History: En. Sec. 1, Ch. 261, L. 1981; amd. Sec. 60, Ch. 265, L. 1993; amd. Sec. 24, Ch. 99, L. 2001; amd. Sec. 25, Ch. 429, L. 2003; amd. Sec. 8, Ch. 128, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-512. Purchase of service credit from other public retirement systems

19-3-512. Purchase of service credit from other public retirement systems.
(1) Subject to 19-3-514, a member with at least 5 years of membership service in the public employees' retirement system may purchase service credit for:
(a) public service employment covered under a public retirement system other than a system provided for in Title 19 for which the member received a refund of the member's membership contribution; and
(b) public service employment that occurred before the public employer adopted a public retirement system.
(2) A member may not purchase more than 5 years of service credit under this section. To purchase this service credit, a member shall:
(a) at any time before retirement, file a written application with the board; and
(b) pay the actuarial cost of the service credit in the public employees' retirement system, as determined by the board, based on the system's most recent actuarial valuation.
(3) Service credit purchased under this section may not be used in calculating a member's retirement benefit unless the member's last 5 years of service credit were earned under the public employees' retirement system. If, upon the member's retirement, the member's purchased service credit cannot be used in calculating the member's retirement benefit, the member must receive a refund of the amount paid to purchase the service credit, plus regular interest on that amount.
History: En. Sec. 1, Ch. 11, L. 1987; amd. Sec. 1, Ch. 196, L. 1989; amd. Sec. 62, Ch. 265, L. 1993; amd. Sec. 11, Ch. 287, L. 1997; amd. Sec. 24, Ch. 58, L. 1999; amd. Sec. 29, Ch. 562, L. 1999; amd. Sec. 26, Ch. 99, L. 2001; amd. Sec. 27, Ch. 429, L. 2003; amd. Sec. 9, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-513. Application to purchase additional service

19-3-513. Application to purchase additional service.
(1) Subject to 19-3-514, a member with at least 5 years of membership service may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service.
(2) To purchase this service credit under this section, a member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation.
(3) Service credit purchased under this section is not membership service and may not be used to qualify a member for service retirement or to bring a member to 25 years of membership service for the purposes of 19-3-902 or 19-3-904.
(4) Purchases of one-for-five service will be used to adjust the early retirement reduction required in 19-3-906, if applicable.
History: En. Sec. 1, Ch. 73, L. 1989; amd. Sec. 17, Ch. 16, L. 1991; amd. Sec. 63, Ch. 265, L. 1993; amd. Sec. 12, Ch. 287, L. 1997; amd. Sec. 25, Ch. 58, L. 1999; amd. Sec. 2, Ch. 494, L. 1999; amd. Sec. 27, Ch. 99, L. 2001; amd. Sec. 28, Ch. 429, L. 2003; amd. Sec. 12, Ch. 283, L. 2009; amd. Sec. 18, Ch. 99, L. 2011; amd. Sec. 3, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-514. Service purchase limit -- exception

19-3-514. Service purchase limit -- exception.
(1) Except as provided in subsection (2), a member may not purchase more than a combined total of 5 years under 19-3-503, 19-3-511(3)(b), 19-3-512, 19-3-513, and 19-3-515.
(2) A member who has purchased service credit under 19-3-503 or 19-3-512 on or before January 1, 1990, and who elects to purchase service credit under 19-3-513 must receive credit for the full months of service credit purchased on or before January 1, 1990.
History: En. Secs. 28, 29, Ch. 99, L. 2001; amd. Sec. 2, Ch. 292, L. 2003; amd. Sec. 29, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-515. Purchase of federal volunteer service

19-3-515. Purchase of federal volunteer service.
(1) Subject to 19-3-514, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase membership service and service credit for up to 5 years of the member's service as a volunteer in a United States service program, such as the peace corps, or successful completion of a term of service in a national service position as described in the National and Community Service Act of 1990, 42 U.S.C. 12501, et seq.
(2) Purchase of membership service and service credit under this section is subject to the board's verification of the member's volunteer service.
(3) To purchase this membership service and service credit, the member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation.
History: En. Sec. 1, Ch. 292, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-520. Repealed

19-3-520. Repealed.
Sec. 44, Ch. 58, L. 1999.
History: En. Sec. 1, Ch. 71, L. 1989; amd. Sec. 64, Ch. 265, L. 1993; Sec. 19-3-907, MCA 1991; redes. 19-3-520 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-521. Service credit for legislative members

19-3-521. Service credit for legislative members.
A member of the legislature of Montana must receive membership service and service credit for that portion of each year for which the member pays regular contributions.
History: En. Sec. 65, Ch. 265, L. 1993; amd. Sec. 30, Ch. 562, L. 1999; amd. Sec. 30, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 5. Service Credit › 19-3-522. Nonapplication of part to defined contribution plan

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.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 8. Employer Contributions (Renumbered and Repealed) › 19-3-802. Renumbered 19-2-506

19-3-802. Renumbered 19-2-506.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 8. Employer Contributions (Renumbered and Repealed) › 19-3-804. Repealed

19-3-804. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2507 by Sec. 55, Ch. 323, L. 1973; R.C.M. 1947, 68-2507; amd. Sec. 2, Ch. 348, L. 1979; amd. Sec. 2, Ch. 138, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 8. Employer Contributions (Renumbered and Repealed) › 19-3-805. Renumbered 19-2-408

19-3-805. Renumbered 19-2-408.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-901. Eligibility for service retirement

19-3-901. Eligibility for service retirement.
(1) A member hired prior to July 1, 2011, who has:
(a) attained age 60 and has 5 years of membership service is eligible for service retirement;
(b) attained at least age 65 before or while employed in a position covered by the public employees' retirement system is eligible for service retirement regardless of the member's years of membership service; or
(c) 30 years or more of membership service is eligible for service retirement regardless of the member's age.
(2) A member hired on or after July 1, 2011, who has:
(a) attained age 65 and has 5 years of membership service is eligible for service retirement; or
(b) attained age 70 before or while employed in a position covered by the public employees' retirement system is eligible for service retirement regardless of the member's years of membership service.
(3) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411:
(a) in each of the circumstances described in subsections (1)(a), (1)(b), and (2), the member is treated as having attained normal retirement age; and
(b) in each of the circumstances described in subsections (1) and (2), the member has a nonforfeitable right to the service retirement benefit accrued and payable under the provisions of this chapter, subject to the member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6.
History: En. 68-2001 by Sec. 29, Ch. 323, L. 1973; amd. Sec. 8, Ch. 128, L. 1975; R.C.M. 1947, 68-2001(1); amd. Sec. 2, Ch. 162, L. 1991; amd. Sec. 66, Ch. 265, L. 1993; amd. Sec. 30, Ch. 99, L. 2001; amd. Sec. 19, Ch. 99, L. 2011; amd. Sec. 4, Ch. 369, L. 2011; amd. Sec. 6, Ch. 240, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-902. Eligibility for early retirement

19-3-902. Eligibility for early retirement.
(1) A member hired prior to July 1, 2011, who:
(a) is not eligible for service retirement but has attained age 50 and has 5 years of membership service is eligible for early retirement; or
(b) has completed 25 years or more of membership service is eligible for early retirement.
(2) A member hired on or after July 1, 2011, who is not eligible for service retirement but has attained age 55 and has 5 years of membership service is eligible for early retirement.
History: En. 68-2001 by Sec. 29, Ch. 323, L. 1973; amd. Sec. 8, Ch. 128, L. 1975; R.C.M. 1947, 68-2001(2); amd. Sec. 6, Ch. 496, L. 1981; amd. Sec. 67, Ch. 265, L. 1993; amd. Sec. 5, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-903. Repealed

19-3-903. Repealed.
Sec. 39, Ch. 370, L. 1997.
History: En. 68-2002 by Sec. 30, Ch. 323, L. 1973; amd. Sec. 11, Ch. 332, L. 1977; R.C.M. 1947, 68-2002; amd. Sec. 1, Ch. 53, L. 1983; amd. Sec. 2, Ch. 196, L. 1989; amd. Sec. 68, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-904. Amount of service retirement benefit

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.
History: En. 68-2003 by Sec. 31, Ch. 323, L. 1973; amd. Sec. 9, Ch. 128, L. 1975; amd. Sec. 2, Ch. 241, L. 1977; amd. Sec. 12, Ch. 332, L. 1977; R.C.M. 1947, 68-2003; amd. Sec. 2, Ch. 73, L. 1989; amd. Sec. 3, Ch. 558, L. 1989; amd. Sec. 69, Ch. 265, L. 1993; amd. Sec. 31, Ch. 562, L. 1999; amd. Sec. 31, Ch. 99, L. 2001; amd. Sec. 1, Ch. 217, L. 2001; amd. Sec. 31, Ch. 429, L. 2003; amd. Sec. 6, Ch. 369, L. 2011; amd. Sec. 10, Ch. 248, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-905. Adjustment of benefit for certain members

19-3-905. Adjustment of benefit for certain members.
The minimum retirement benefit payable to a vested member who has attained age 70 in service is an annuity of $40 per month.
History: En. 68-2004 by Sec. 32, Ch. 323, L. 1973; amd. Sec. 10, Ch. 128, L. 1975; amd. Sec. 13, Ch. 332, L. 1977; R.C.M. 1947, 68-2004; amd. Sec. 3, Ch. 196, L. 1989; amd. Sec. 70, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-906. Early retirement benefit

19-3-906. Early retirement benefit.
(1) (a) Until October 1, 2011, for a member hired prior to July 1, 2011, the amount of the early retirement benefit payable following early retirement is the actuarial equivalent of the accrued portion of the service retirement benefit that would have been payable to the member commencing at age 60 or upon completion of 30 years of membership service pursuant to 19-3-904(1).
(b) The early retirement benefit must be determined as prescribed in 19-3-904(1), with the exception that the benefit must be reduced as follows:
(i) by 0.5% multiplied by the number of months up to a maximum of 60 months by which the retirement date precedes the date on which the member would have retired had the member attained age 60 or had the member completed 30 years of membership service; and
(ii) by 0.3% multiplied by the number of months in excess of the 60 months in subsection (1)(b)(i) but not to exceed 60 additional months by which the retirement date precedes the date on which the member would have retired had the member attained age 60 or had the member completed 30 years of membership service.
(2) Beginning October 1, 2011, for a member hired prior to July 1, 2011, the amount of retirement benefit payable following early retirement is the actuarial equivalent of the accrued portion of the service retirement benefit that would have been payable to the member commencing at age 60 or upon completion of 30 years of membership service pursuant to 19-3-904(1), with the exception that the benefit must be reduced using actuarially equivalent factors based on the most recent valuation of the system.
(3) For a member hired on or after July 1, 2011, the amount of the early retirement benefit payable following early retirement is the actuarial equivalent of the accrued portion of the service retirement benefit that would have been payable to the member commencing at age 65 pursuant to 19-3-904(2), with the exception that the benefit must be reduced using actuarially equivalent factors based on the most recent valuation of the system.
(4) The actuarial reduction provided for in this section must be adjusted for any one-for-five service purchased under 19-3-513.
History: En. 68-2005 by Sec. 33, Ch. 323, L. 1973; R.C.M. 1947, 68-2005; amd. Sec. 7, Ch. 496, L. 1981; amd. Sec. 60, Ch. 370, L. 1987; amd. Sec. 3, Ch. 73, L. 1989; amd. Sec. 71, Ch. 265, L. 1993; amd. Sec. 32, Ch. 429, L. 2003; amd. Sec. 13, Ch. 283, L. 2009; amd. Sec. 20, Ch. 99, L. 2011; amd. Sec. 7, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 9. Service Retirement Benefits › 19-3-909. Nonapplication of part to defined contribution plan

19-3-909. 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.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1001. Repealed

19-3-1001. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2101 by Sec. 34, Ch. 323, L. 1973; amd. Sec. 11, Ch. 128, L. 1975; amd. Sec. 3, Ch. 241, L. 1977; R.C.M. 1947, 68-2101(2).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1002. Eligibility for disability retirement

19-3-1002. Eligibility for disability retirement.
(1) Except as provided in subsections (2) and (3), a member entering service prior to February 24, 1991, who is not eligible for service retirement or early retirement but who has at least 5 years of membership service and has become disabled while an active member is eligible for disability retirement, as provided in 19-3-1008.
(2) An active member who was hired prior to July 1, 2011, and is 60 years of age or older or was hired on or after July 1, 2011, and is 65 years of age or older and who has completed 5 years of membership service and has had a duty-related accident forcing the member to terminate employment but who has not received or is ineligible to receive workers' compensation benefits under Title 39, chapter 71, for the duty-related accident may conditionally waive the member's eligibility for a service retirement in order to be eligible for disability retirement. The waiver is effective only upon approval by the board of the member's written application for disability retirement. The board shall determine whether a member has become disabled. The board may request any information on file with the state compensation insurance fund concerning any duty-related accident. If information is not available, the board may request and the state fund shall then provide an investigative report on the disabling accident.
(3) (a) A member in service on February 24, 1991, has a one-time election to be covered for disability purposes under the provisions of 19-3-1008(2). This election is irrevocable and must be made in writing by the member no later than December 31, 1991. Coverage under the provisions of 19-3-1008(2) commences on the date the completed written election is received by the board or its designated representative. To be eligible for disability benefits under the provisions of this part, a member must have completed 5 years of membership service and must have become disabled while an active member.
(b) An individual who became a member after February 24, 1991, and before July 1, 2011, who has completed 5 years of membership service and has become disabled while an active member is covered for disability purposes under the provisions of 19-3-1008(2) or (3).
(4) A member hired on or after July 1, 2011, who has completed 5 years of membership service and has become disabled while an active member is covered for disability purposes under the provisions of 19-3-1008(4).
History: En. 68-2101 by Sec. 34, Ch. 323, L. 1973; amd. Sec. 11, Ch. 128, L. 1975; amd. Sec. 3, Ch. 241, L. 1977; R.C.M. 1947, 68-2101(1); amd. Sec. 2, Ch. 311, L. 1983; amd. Sec. 56, Ch. 613, L. 1989; amd. Sec. 1, Ch. 49, L. 1991; amd. Sec. 72, Ch. 265, L. 1993; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 32, Ch. 99, L. 2001; amd. Sec. 2, Ch. 217, L. 2001; amd. Sec. 34, Ch. 429, L. 2003; amd. Sec. 22, Ch. 329, L. 2005; amd. Sec. 8, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1003. Repealed

19-3-1003. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2101 by Sec. 34, Ch. 323, L. 1973; amd. Sec. 11, Ch. 128, L. 1975; amd. Sec. 3, Ch. 241, L. 1977; R.C.M. 1947, 68-2101(3).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1004. Repealed

19-3-1004. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2101 by Sec. 34, Ch. 323, L. 1973; amd. Sec. 11, Ch. 128, L. 1975; amd. Sec. 3, Ch. 241, L. 1977; R.C.M. 1947, 68-2101(4).