reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-701. Repealed

19-9-701. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1866 by Sec. 7, Ch. 456, L. 1977; R.C.M. 1947, 11-1866(1).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-702. State contribution

19-9-702. State contribution.
The state shall make its contributions from the general fund. The general fund contributions must be made annually after the end of each fiscal year but no later than November 1. The board shall notify the state auditor by September 1 of each fiscal year of the annual compensation paid to all active members during the preceding fiscal year. The state's contribution is 29.37% of compensation paid to members. The contributions are statutorily appropriated as provided in 17-7-502.
History: En. 11-1866 by Sec. 7, Ch. 456, L. 1977; R.C.M. 1947, 11-1866(2); amd. Sec. 4, Ch. 375, L. 1979; amd. Sec. 1, Ch. 250, L. 1981; amd. Sec. 21, Ch. 549, L. 1981; amd. Sec. 2, Ch. 661, L. 1983; amd. Sec. 20, Ch. 703, L. 1985; amd. Sec. 3, Ch. 631, L. 1991; amd. Sec. 188, Ch. 265, L. 1993; amd. Secs. 2, 8(3)(c), Ch. 445, L. 1997; amd. Sec. 23, Ch. 532, L. 1997; amd. Sec. 73, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-703. Employer contribution

19-9-703. Employer contribution.
Each employer shall make its contribution through the city treasurer or other appropriate official out of money available to the city for that purpose. The employer shall pay as employer contributions 14.41% of the compensation paid to all of the employer's employees, except those properly excluded from membership.
History: En. 11-1866 by Sec. 7, Ch. 456, L. 1977; R.C.M. 1947, 11-1866(3); amd. Sec. 5, Ch. 375, L. 1979; amd. Sec. 22, Ch. 549, L. 1981; amd. Sec. 3, Ch. 661, L. 1983; amd. Sec. 4, Ch. 631, L. 1991; amd. Sec. 189, Ch. 265, L. 1993; amd. Secs. 2, 5, Ch. 620, L. 1993; amd. Sec. 4, Ch. 250, L. 1997; amd. Sec. 74, Ch. 562, L. 1999; amd. Sec. 56, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-705. Other money credited as employer contributions

19-9-705. Other money credited as employer contributions.
All gifts, bequests, or emoluments given to an employer or member for the benefit of the retirement system or because of any member's service as a police officer, except when specifically allowed to be retained by the member by the member's employer, and all money withheld from the compensation of a member for violation of the rules of the member's employer must be paid to the pension trust fund. The amounts are employer contributions but are in addition to the amounts required by 19-9-703.
History: En. 11-1869 by Sec. 10, Ch. 456, L. 1977; R.C.M. 1947, 11-1869; amd. Sec. 190, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-706. Contributions based on total compensation when member receives disability compensation

19-9-706. Contributions based on total compensation when member receives disability compensation.
When a member receives compensation from both the member's employer and as benefits from the workers' compensation program under the provisions of 7-32-4132, the member's compensation reported by the employer is the same as if the member was in active service, and the member, employer, and state retirement contributions required by this chapter must be calculated and paid on that total compensation.
History: En. Sec. 4, Ch. 290, L. 1979; amd. Sec. 18, Ch. 282, L. 1983; amd. Sec. 191, Ch. 265, L. 1993; amd. Sec. 75, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 7. Contributions › 19-9-710. Member's contribution

19-9-710. Member's contribution.
(1) Except as provided in subsection (2), the regular contribution as a percentage of compensation of each active member first employed by an employer as a police officer:
(a) after June 30, 1975, but before July 1, 1979, is 7%;
(b) after June 30, 1979, but before July 1, 1997, is 8.5%; and
(c) on and after July 1, 1997, is 9%.
(2) A member covered under 19-9-1009, 19-9-1010, or 19-9-1013 shall contribute 9% of the member's compensation.
(3) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code of 1954, as amended and applicable on July 1, 1985, shall pick up and pay the contributions that would be payable by the member under subsections (1) and (2) for service rendered after June 30, 1985.
(4) The member's contributions picked up by the employer must be designated for all purposes of the retirement system as the member's contributions, except for the determination of a tax upon a distribution from the retirement system. These contributions must become part of the member's accumulated contributions but must be accounted for separately from those previously accumulated.
(5) 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 in the member's compensation as defined in 19-9-104. 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. 11-1867 by Sec. 8, Ch. 456, L. 1977; R.C.M. 1947, 11-1867(1); amd. Sec. 3, Ch. 375, L. 1979; amd. Sec. 16, Ch. 464, L. 1985; amd. Sec. 2, Ch. 631, L. 1991; amd. Sec. 187, Ch. 265, L. 1993; amd. Sec. 1, Ch. 522, L. 1993; amd. Secs. 1, 5, Ch. 620, L. 1993; Sec. 19-9-601, MCA 1991; redes. 19-9-710 by Code Commissioner, 1993; amd. Sec. 27, Ch. 287, L. 1997; amd. Sec. 1, Ch. 463, L. 1999; amd. Sec. 57, Ch. 329, L. 2005; amd. Sec. 30, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 8. Service Retirement Benefits › 19-9-801. Eligibility for service retirement -- commencement of benefit

19-9-801. Eligibility for service retirement -- commencement of benefit.
(1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a member is eligible for a nonforfeitable service retirement benefit under 19-9-804 after terminating service if:
(a) the member has completed 20 years or more of membership service; or
(b) the member is vested and has reached 50 years of age.
(2) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411, a member described in subsection (1)(b) is treated as having attained normal retirement age and has a nonforfeitable right to the member's service retirement.
History: En. 11-1889 by Sec. 30, Ch. 456, L. 1977; R.C.M. 1947, 11-1889(part); amd. Sec. 6, Ch. 53, L. 1983; amd. Sec. 5, Ch. 86, L. 1985; amd. Sec. 15, Ch. 196, L. 1989; amd. Sec. 3, Ch. 178, L. 1991; amd. Sec. 5, Ch. 631, L. 1991; amd. Secs. 2, 9, Ch. 822, L. 1991; amd. Sec. 196, Ch. 265, L. 1993; amd. Sec. 5, Ch. 250, L. 1997; amd. Sec. 32, Ch. 370, L. 1997; amd. Sec. 106, Ch. 99, L. 2001; amd. Sec. 11, Ch. 240, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 8. Service Retirement Benefits › 19-9-802. Repealed

19-9-802. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1889, 11-1890 by Secs. 30, 31, Ch. 456, L. 1977; R.C.M. 1947, 11-1889(2), 11-1890(part); amd. Sec. 6, Ch. 86, L. 1985; amd. Sec. 6, Ch. 631, L. 1991; amd. Secs. 3, 9, Ch. 822, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 8. Service Retirement Benefits › 19-9-803. Repealed

19-9-803. Repealed.
Sec. 13, Ch. 86, L. 1985.
History: En. 11-1870 by Sec. 11, Ch. 456, L. 1977; R.C.M. 1947, 11-1870.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 8. Service Retirement Benefits › 19-9-804. Amount of service retirement benefit -- continuation of benefit after death of member

19-9-804. Amount of service retirement benefit -- continuation of benefit after death of member.
(1) A member who is eligible for service retirement must receive a retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.
(2) (a) Upon the death of a member receiving a service retirement benefit, the member's surviving spouse, if there is one, must receive a benefit equal to the amount of the member's benefit at the time of the member's death.
(b) If the member leaves one or more dependent children, then upon the member's death, if there is no surviving spouse, or upon the death of the surviving spouse, the member's surviving dependent child or children collectively if there are more than one must receive the same monthly payments that a surviving spouse would receive for as long as the child or one of the children remains a dependent child as defined in 19-9-104. The payments must be paid pursuant to 19-2-803. If there is more than one dependent child, upon a child no longer qualifying as dependent under 19-9-104, that child's pro rata payments must be made to the remaining dependent children.
History: En. 11-1890 by Sec. 31, Ch. 456, L. 1977; R.C.M. 1947, 11-1890(part); amd. Sec. 7, Ch. 86, L. 1985; amd. Sec. 2, Ch. 350, L. 1985; amd. Sec. 2, Ch. 63, L. 1989; amd. Sec. 16, Ch. 196, L. 1989; amd. Sec. 7, Ch. 631, L. 1991; amd. Secs. 4, 9, Ch. 822, L. 1991; amd. Sec. 197, Ch. 265, L. 1993; amd. Sec. 2, Ch. 522, L. 1993; amd. Sec. 3, Ch. 620, L. 1993; amd. Sec. 58, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 9. Disability Retirement Benefits › 19-9-901. Repealed

19-9-901. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1878 by Sec. 19, Ch. 456, L. 1977; R.C.M. 1947, 11-1878(3); amd. Sec. 9, Ch. 597, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 9. Disability Retirement Benefits › 19-9-902. Eligibility for disability retirement

19-9-902. Eligibility for disability retirement.
If a member is determined by the board to be disabled, the member is entitled to a disability retirement benefit, regardless of the length of the member's service, commencing on the day following the member's termination from employment.
History: En. 11-1871 by Sec. 12, Ch. 456, L. 1977; R.C.M. 1947, 11-1871; amd. Sec. 1, Ch. 389, L. 1979; amd. Sec. 5, Ch. 822, L. 1991; amd. Sec. 198, Ch. 265, L. 1993; amd. Sec. 59, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 9. Disability Retirement Benefits › 19-9-903. Amount of disability retirement benefit -- continuation of benefit after death of member

19-9-903. Amount of disability retirement benefit -- continuation of benefit after death of member.
(1) A member who becomes disabled:
(a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's final average compensation; or
(b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.
(2) Upon the death of a member receiving a disability retirement benefit under this section, the member's surviving spouse or dependent child is eligible for benefits as provided in 19-9-804.
History: En. 11-1890 by Sec. 31, Ch. 456, L. 1977; R.C.M. 1947, 11-1890(4), (5); amd. Sec. 3, Ch. 350, L. 1985; amd. Sec. 8, Ch. 631, L. 1991; amd. Secs. 6, 9, Ch. 822, L. 1991; amd. Sec. 199, Ch. 265, L. 1993; amd. Sec. 98, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 9. Disability Retirement Benefits › 19-9-904. Termination of disability benefit

19-9-904. Termination of disability benefit.
(1) The board, in its discretion, may require the recipient of a disability retirement benefit to undergo a medical examination. The examination must be made by a board-approved physician or surgeon at a place mutually agreed on by the board, the disabled member, and the physician or surgeon and at the board's expense. Upon the basis of the examination, the board shall determine, by reason of physical or mental capacity, whether the recipient can perform the essential elements of the position held by the recipient when the recipient was retired. If an inactive member is determined by the board to be no longer disabled, the inactive member's disability retirement benefit must be canceled when the inactive member is offered a position under 19-9-905 or when, if a position is available, the former employee could not be reinstated under 19-9-905 for reasons unrelated to the disability. If the inactive member refuses to submit to a medical examination, the inactive member's disability retirement benefit must cease as of the date of the determination. The inactive member must be notified of the determination by the board. The board may review the status of an inactive member at any time.
(2) If a disabled member who is receiving a disability retirement benefit independently determines that the member is no longer disabled as that term is defined in 19-2-303 and returns to covered employment, the member shall immediately notify retirement system administrative staff so that the member's disability retirement benefit is canceled.
History: En. 11-1872 by Sec. 13, Ch. 456, L. 1977; R.C.M. 1947, 11-1872(1); amd. Sec. 10, Ch. 597, L. 1981; amd. Sec. 200, Ch. 265, L. 1993; amd. Sec. 23, Ch. 412, L. 1995; amd. Sec. 33, Ch. 370, L. 1997; amd. Sec. 27, Ch. 283, L. 2009; amd. Sec. 16, Ch. 400, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 9. Disability Retirement Benefits › 19-9-905. Reinstatement upon termination of disability benefit

19-9-905. Reinstatement upon termination of disability benefit.
(1) (a) Except as provided in subsection (1)(b), a retired member whose disability retirement benefit is canceled as provided in 19-9-904 must be reinstated to the position held by the member immediately before retirement or to a position in a comparable pay and benefit category with duties within the member's capacity, whichever is first open. The board shall advise the employer that the disability retirement benefit has been canceled and that the member is eligible for reinstatement to duty. The fact that the member was retired for disability may not prejudice any right to reinstatement to duty that the member may have or claim to have.
(b) This section does not affect any requirement that the former employee meet or be able to meet professional certification and licensing standards unrelated to the disability and necessary for reinstatement.
(2) The city may request a medical or psychological review as to the ability of the member to return to work as a police officer. If the board's findings are upheld, the city shall pay the costs of the review.
(3) If the inactive member again becomes an active member by returning to service with an employer within 30 days following receipt of notice under 19-9-904, the member must be considered to have been continuously employed during the term of the member's disability. If the inactive member fails to become an active member by returning to service with an employer within 30 days following receipt of the notice, the member's termination of service is considered to have occurred as of the member's disability retirement date and the retirement benefit, if any, to which the member becomes entitled on the member's service retirement date must be determined accordingly.
History: En. 11-1872 by Sec. 13, Ch. 456, L. 1977; R.C.M. 1947, 11-1872(2), (3); amd. Sec. 11, Ch. 597, L. 1981; amd. Sec. 201, Ch. 265, L. 1993; amd. Sec. 34, Ch. 370, L. 1997; amd. Sec. 60, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1001. Repealed

19-9-1001. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1890 by Sec. 31, Ch. 456, L. 1977; R.C.M. 1947, 11-1890(part).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1002. Repealed

19-9-1002. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1874 by Sec. 15, Ch. 456, L. 1977; R.C.M. 1947, 11-1874.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1003. Repealed

19-9-1003. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1886 by Sec. 27, Ch. 456, L. 1977; R.C.M. 1947, 11-1886(2).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1004. Renumbered 19-2-906

19-9-1004. Renumbered 19-2-906.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1005. Repealed

19-9-1005. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1876 by Sec. 17, Ch. 456, L. 1977; R.C.M. 1947, 11-1876; amd. Sec. 17, Ch. 464, L. 1985; amd. Sec. 12, Ch. 823, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1006. Repealed

19-9-1006. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 11-1877 by Sec. 18, Ch. 456, L. 1977; R.C.M. 1947, 11-1877; amd. Sec. 12, Ch. 114, L. 1979.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1007. Minimum benefit adjustment

19-9-1007. Minimum benefit adjustment.
(1) The benefits that are paid in each fiscal year to a retired member or the member's survivors and that are not covered by 19-9-1009 may not be less than one-half of the compensation that will be paid to newly confirmed police officers in the current fiscal year in the city or town from which the member retired.
(2) If the compensation of a new police officer who has been confirmed pursuant to 7-32-4113 has not been set for the current fiscal year in time to make minimum benefit adjustments effective July 1, the board shall make any retroactive adjustments necessary to individual minimum benefits after the current compensation has been determined.
(3) If more than one dependent child is entitled to benefits under this section by virtue of the death of a common parent, the minimum benefit paid to the dependent children under this section must be determined as if there were one dependent child and the benefits must be paid to the dependent children collectively.
History: En. 11-1846.1 by Sec. 2, Ch. 406, L. 1977; R.C.M. 1947, 11-1846.1(part); amd. Sec. 13, Ch. 114, L. 1979; amd. Sec. 2, Ch. 457, L. 1979; amd. Sec. 2, Ch. 250, L. 1981; amd. Sec. 53, Ch. 566, L. 1981; amd. Sec. 71, Ch. 575, L. 1981; amd. Sec. 4, Ch. 186, L. 1983; amd. Sec. 21, Ch. 703, L. 1985; amd. Sec. 1, Ch. 633, L. 1991; amd. Sec. 204, Ch. 265, L. 1993; amd. Sec. 28, Ch. 287, L. 1997; amd. Sec. 3, Ch. 445, L. 1997; amd. Sec. 76, Ch. 562, L. 1999; amd. Sec. 33, Ch. 7, L. 2001; amd. Sec. 31, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1008. Repealed

19-9-1008. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 14, Ch. 114, L. 1979.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1009. Guaranteed annual benefit adjustment

19-9-1009. Guaranteed annual benefit adjustment.
(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.
(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.
(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.
(3) Except as provided in subsection (2)(b), a benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:
(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member either:
(i) first became an active member on or after July 1, 1997; or
(ii) filed a voluntary, irrevocable election to be covered under this section. The election must be filed with the board prior to January 1, 1998, and requires an active member to pay an increased contribution rate from July 1, 1997, forward. A retired member or the member's survivor who is receiving a monthly benefit before July 1, 1997, shall also file the voluntary, irrevocable election no later than January 1, 1998, to be covered under this section.
(4) The board shall adopt rules to administer the provisions of this section.
History: En. Sec. 3, Ch. 287, L. 1997; amd. Sec. 77, Ch. 562, L. 1999; amd. Sec. 6, Ch. 62, L. 2001; amd. Sec. 14, Ch. 149, L. 2001; amd. Sec. 6, Ch. 309, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1010. Original election -- guaranteed annual benefit adjustment

19-9-1010. Original election -- guaranteed annual benefit adjustment.
(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.
(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.
(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.
(3) A benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:
(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member either:
(i) first became an active member on or after July 1, 1997; or
(ii) filed a voluntary, irrevocable election to be covered under this section. The election:
(A) must be filed with the board prior to December 1, 1999; and
(B) requires an active member to pay an increased or revised contribution rate from January 1, 2000, forward.
(4) The board shall adopt rules to administer the provisions of this section.
(5) The decision of a member who elected to participate under 19-9-1009 remains valid. The decision of a member who elected not to participate under 19-9-1009 may be reversed under this section.
History: En. Sec. 2, Ch. 463, L. 1999; amd. Sec. 15, Ch. 149, L. 2001; amd. Sec. 7, Ch. 309, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1011. Repealed

19-9-1011. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 710, L. 1985; amd. Sec. 1, Ch. 93, L. 1987; amd. Sec. 1, Ch. 282, L. 1989; amd. Sec. 8, Ch. 822, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1012. Repealed

19-9-1012. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 14, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1013. Extended election -- guaranteed annual benefit adjustment

19-9-1013. Extended election -- guaranteed annual benefit adjustment.
(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.
(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.
(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.
(3) A benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:
(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member either:
(i) first became an active member on or after July 1, 1997; or
(ii) filed a voluntary, irrevocable election to be covered under this section. The election:
(A) must be filed with the board prior to December 1, 2001; and
(B) requires an active member to pay an increased or revised contribution rate from January 1, 2002, forward.
(4) The board shall adopt rules to administer the provisions of this section.
(5) The decision of a member who elected to participate under 19-9-1009 or 19-9-1010 remains valid. The decision of a member who elected not to participate under 19-9-1009 and 19-9-1010 may be reversed under this section.
History: En. Sec. 16, Ch. 149, L. 2001; amd. Sec. 54, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 10. Postretirement Benefits and Benefit Increases › 19-9-1020. Repealed

19-9-1020. Repealed.
Sec. 30, Ch. 248, L. 2015.
History: En. Sec. 1, Ch. 391, L. 2001; amd. Sec. 3, Ch. 391, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 11. Survivorship Benefits and Death Payments › 19-9-1101. Preretirement death benefits

19-9-1101. Preretirement death benefits.
Upon the death of an active member, the member's surviving spouse or dependent child is eligible for benefits equal to one-half of the member's final average compensation, payable as provided in 19-9-804(2). If the deceased member has completed over 20 years of membership service, the survivorship benefit must equal 2.5% of the member's final average compensation for each year of service credit.
History: En. 11-1875 by Sec. 16, Ch. 456, L. 1977; R.C.M. 1947, 11-1875; amd. Sec. 3, Ch. 186, L. 1983; amd. Sec. 4, Ch. 350, L. 1985; amd. Sec. 7, Ch. 822, L. 1991; amd. Sec. 202, Ch. 265, L. 1993; amd. Sec. 4, Ch. 620, L. 1993; Sec. 19-9-911, MCA 1991; redes. 19-9-1101 by Code Commissioner, 1993; amd. Sec. 107, Ch. 42, L. 1997; amd. Sec. 78, Ch. 562, L. 1999; amd. Sec. 107, Ch. 99, L. 2001; amd. Sec. 28, Ch. 283, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 11. Survivorship Benefits and Death Payments › 19-9-1102. Payments in absence of spouse or child

19-9-1102. Payments in absence of spouse or child.
If, after a member dies, a benefit is not paid pursuant to 19-9-804, 19-9-903, or 19-9-1101, then the member's designated beneficiary must be paid the amount, if any, of the member's accumulated contributions minus the total of any benefits already paid from the member's account.
History: En. Sec. 2, Ch. 186, L. 1983; amd. Sec. 203, Ch. 265, L. 1993; Sec. 19-9-912, MCA 1991; redes. 19-9-1102 by Code Commissioner, 1993; amd. Sec. 79, Ch. 562, L. 1999; amd. Sec. 108, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1201. Short title

19-9-1201. Short title.
This part may be cited as the deferred retirement option plan or DROP.
History: En. Sec. 1, Ch. 514, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1202. Definitions

19-9-1202. Definitions.
Unless the context requires otherwise, as used in this part, the following definitions apply:
(1) "DROP" means the deferred retirement option plan established pursuant to this part.
(2) "DROP account" means the member's accumulated monthly DROP accruals, including any postretirement adjustments, plus interest.
(3) "DROP benefit" means the lump-sum benefit calculated and distributed as provided in this part.
(4) "DROP period" means the period of time that a member irrevocably elects to participate in the DROP pursuant to 19-9-1204.
(5) "Monthly DROP accrual" means the amount equal to the monthly benefit that would have been payable to the participant had the participant terminated service and retired.
(6) "Participant" means a member of the retirement system who has elected to participate in the DROP pursuant to this part.
History: En. Sec. 2, Ch. 514, L. 2001; amd. Sec. 99, Ch. 429, L. 2003; amd. Sec. 61, Ch. 329, L. 2005; amd. Sec. 23, Ch. 128, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1203. Deferred retirement option plan established -- compliance with federal law -- rulemaking

19-9-1203. Deferred retirement option plan established -- compliance with federal law -- rulemaking.
(1) The board shall establish a DROP for eligible members of the retirement system who elect to participate.
(2) The board shall administer the DROP in compliance with the Internal Revenue Code and the applicable rules, regulations, and determinations of the internal revenue service.
(3) The board may adopt rules to administer this part.
History: En. Sec. 3, Ch. 514, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1204. Eligibility -- participation criteria -- membership status -- service interruptions

19-9-1204. Eligibility -- participation criteria -- membership status -- service interruptions.
(1) Any member eligible to retire under 19-9-801(1)(a) is eligible and may elect to participate in the DROP by filing a one-time irrevocable election with the board on a form prescribed by the board.
(2) A member electing to participate in the DROP shall participate for a minimum of 1 month and may not participate for more than 5 years.
(3) A member may participate in the DROP only once.
(4) A participant remains a member of the retirement system, but may not receive membership service or service credit in the system for the duration of the member's DROP period.
(5) If participation is interrupted by military service or other temporary absence from work and the participant has not received any distribution from the DROP, then the duration of the absence may not be included in calculating the DROP period.
(6) Subject to the provisions of this section, a member who was eligible to retire under 19-9-801(1) on or after July 1, 2002, but before July 1, 2003, and who elects to participate in the DROP on or before October 1, 2003, may include within the member's DROP period any time during the period beginning July 1, 2002, and ending June 30, 2003.
History: En. Sec. 4, Ch. 514, L. 2001; amd. Sec. 55, Ch. 114, L. 2003; amd. Sec. 1, Ch. 261, L. 2003; amd. Sec. 100, Ch. 429, L. 2003; amd. Sec. 29, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1205. Retirement system contributions -- benefit payments to individual DROP accounts -- investment returns

19-9-1205. Retirement system contributions -- benefit payments to individual DROP accounts -- investment returns.
(1) During a member's participation in the DROP, state contributions under 19-9-702, employer contributions under 19-9-703, and member contributions under 19-9-710 must continue to be made to the retirement system.
(2) For each DROP participant, the board shall calculate a monthly DROP accrual and the contribution to the participant's DROP account.
History: En. Sec. 5, Ch. 514, L. 2001; amd. Sec. 101, Ch. 429, L. 2003; amd. Sec. 24, Ch. 128, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1206. Survivorship benefits

19-9-1206. Survivorship benefits.
(1) If a participant dies prior to the receipt of the DROP benefit pursuant to 19-9-1208, the participant's surviving spouse or dependent child is entitled to receive a lump-sum payment equal to the participant's DROP benefit as of the date of the member's death and the benefit the surviving spouse or dependent child would have received under 19-9-804 had the member retired rather than elected to participate in the DROP.
(2) If there is no surviving spouse or dependent child, the designated beneficiary is entitled to receive a lump-sum payment equal to the participant's DROP benefit as of the date of the member's death and the member's accumulated contributions minus any benefits paid from the member's account, including monthly DROP payments.
(3) The benefit paid pursuant to this section must include interest credited to the participant's account as follows:
(a) through June 30, 2009, interest must be credited every fiscal yearend at a rate reflecting the retirement system's annual investment earnings for the applicable fiscal year;
(b) after June 30, 2009, interest must be credited every fiscal yearend at the actuarially assumed rate of return. Proportionate interest must be credited for distributions taking place at other than a fiscal yearend.
History: En. Sec. 6, Ch. 514, L. 2001; amd. Sec. 102, Ch. 429, L. 2003; amd. Sec. 25, Ch. 128, L. 2007; amd. Sec. 20, Ch. 284, L. 2009; amd. Sec. 27, Ch. 248, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1207. Employment and benefits after DROP period

19-9-1207. Employment and benefits after DROP period.
(1) When a member, after the end of the DROP period, continues employment in a covered position, state contributions under 19-9-702, employer contributions under 19-9-703, and member contributions under 19-9-710 must continue to be made to the retirement system.
(2) A member who, after the end of the DROP period, continues employment in a covered position:
(a) is immediately vested for benefits accrued subsequent to the end of the DROP period; and
(b) is, upon terminating service, entitled to:
(i) the member's service retirement benefit earned prior to the DROP period, including any postretirement benefit adjustment for which the member is eligible under this chapter;
(ii) a service retirement benefit based on the member's service credit and final average compensation during membership subsequent to the end of the DROP period, including any postretirement benefit adjustment for which the member is eligible under this chapter; and
(iii) the member's DROP benefit.
History: En. Sec. 7, Ch. 514, L. 2001; amd. Sec. 103, Ch. 429, L. 2003; amd. Sec. 62, Ch. 329, L. 2005; amd. Sec. 30, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 12. Deferred Retirement Option Plan (DROP) › 19-9-1208. Distribution of DROP benefit

19-9-1208. Distribution of DROP benefit.
(1) Upon termination of service, a participant is entitled to:
(a) receive a lump-sum distribution of the participant's DROP benefit;
(b) roll the participant's DROP benefit into another eligible retirement plan in a manner prescribed and authorized by the board; or
(c) any other distribution or method of payment of the DROP benefit approved by the board.
(2) A distribution pursuant to this section is subject to the provisions of 19-2-907 and 19-2-909 and all other applicable provisions of Title 19 and the Internal Revenue Code.
(3) The amount of a distribution, rollover, transfer, or other payment of a DROP benefit pursuant to this section must include interest credited to the participant's account as follows:
(a) through June 30, 2009, interest must be credited every fiscal yearend at a rate reflecting the retirement system's annual investment earnings for the applicable fiscal year;
(b) after June 30, 2009, interest must be credited every fiscal yearend at the actuarially assumed rate of return. Proportionate interest must be credited for distributions taking place at other than a fiscal yearend.
History: En. Sec. 8, Ch. 514, L. 2001; amd. Sec. 104, Ch. 429, L. 2003; amd. Sec. 63, Ch. 329, L. 2005; amd. Sec. 21, Ch. 284, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 13. Reemployment of Retired Members › 19-9-1301. Reemployment of members

19-9-1301. Reemployment of members.
(1) If a retired member with less than 20 years of service in the retirement system who is at least 50 years of age returns to employment covered by the retirement system before July 1, 2017, on reemployment:
(a) the member's retirement benefit payments must cease;
(b) the member becomes a vested active member;
(c) the member shall repay the retirement system the amount of any retirement benefit received, plus interest at the actuarially assumed rate of return on the system's investments; and
(d) on subsequent retirement, the member's retirement benefit must be calculated based on the member's total service under the system.
(2) If a retired member with 20 or more years of service returns to employment covered by the retirement system before July 1, 2017, on reemployment:
(a) the member's retirement benefit payments must cease;
(b) the member becomes a vested active member;
(c) on subsequent retirement, the member's retirement benefit payable prior to the reemployment must resume; and
(d) the member is entitled to an additional new retirement benefit that is calculated based on the member's new service credit earned and final average compensation after the reemployment.
(3) If a member who is not a retired member returns to employment covered by the retirement system, on reemployment, the member becomes an active member and continues to accrue membership service or service credit as if there had been no break in service.
History: En. Sec. 1, Ch. 217, L. 2015; amd. Sec. 31, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 13. Reemployment of Retired Members › 19-9-1302. Reemployment of retired members -- contributions required

19-9-1302. Reemployment of retired members -- contributions required.
(1) A retired member who is receiving a service retirement benefit or early retirement benefit may return to employment covered by the retirement system on or after July 1, 2017, for a period not to exceed 480 hours in any calendar year without returning to active service. The retirement benefit of a retired member in covered employment must be reduced by $1 for each $3 earned in excess of $5,000 in a calendar year.
(2) If a retired member returns to employment covered by the retirement system on or after July 1, 2017, for more than 480 hours in a calendar year, the member returns to active service and the member's retirement benefit payments must cease until the member again terminates employment and retires.
(3) For each retired member who returns to covered employment pursuant to subsection (1), the employer shall contribute the amount specified in 19-9-703 and the state shall contribute the amount specified in 19-9-702.
(4) The earned compensation of retired members who return to active service pursuant to subsection (2) is subject to the state, employer, and employee contributions set forth in 19-9-702, 19-9-703, and 19-9-710.
History: En. Sec. 32, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 9. Police Retirement -- Statewide Plan › Part 13. Reemployment of Retired Members › 19-9-1303. Refunds and benefits for reemployed retired members

19-9-1303. Refunds and benefits for reemployed retired members.
(1) A retired member who returns to active service pursuant to 19-9-1302(2) and accrues less than 5 years of service credit before again terminating service:
(a) may not be awarded service credit for the period of reemployment;
(b) must, upon termination of service and pursuant to 19-2-602, receive a refund of the member's accumulated contributions associated with the service credit accrued upon returning to active service; and
(c) starting the first month following termination of service, must receive the same retirement benefit amount paid to the member in the month immediately prior to returning to active service.
(2) A retired member who returns to active service pursuant to 19-9-1302(2) and accrues at least 5 years of service credit before again terminating service must receive, starting the first month following termination of service:
(a) the same retirement benefit amount paid to the member in the month immediately prior to returning to active service; and
(b) a second retirement benefit calculated for the period of reemployment under 19-9-801 and the laws in effect as of the member's rehire date.
(3) Postretirement benefit adjustments will start to accrue as follows:
(a) for benefits under subsections (1)(c) and (2)(a), an eligible member is entitled to:
(i) a minimum monthly adjustment pursuant to 19-9-1007 when, immediately following the member's termination of service or retirement, whichever is applicable, a minimum monthly adjustment is granted to all eligible covered retirees; or
(ii) a guaranteed annual benefit adjustment pursuant to 19-9-1009, 19-9-1010, or 19-9-1013 in January immediately following the member's termination of service or retirement, whichever is applicable;
(b) for benefits under subsection (2)(b), an eligible member is entitled to a guaranteed annual benefit adjustment pursuant to 19-9-1013 in January after the member has received the second retirement benefit for at least 12 months.
(4) A retired member who returns to active service pursuant to 19-9-1302(2) following retirement:
(a) is not eligible for a disability retirement; and
(b) may not accrue the postretirement benefit adjustments provided for in part 10 of this chapter during the member's term of reemployment.
History: En. Sec. 33, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 11. Firefighters' Retirement (Renumbered and Repealed) › Part 3. Management -- First and Second Class Cities (Repealed) › 19-11-301. Repealed

19-11-301. Repealed.
Sec. 62, Ch. 566, L. 1981.
History: En. Sec. 5, Ch. 71, L. 1907; Sec. 3338, Rev. C. 1907; re-en. Sec. 5121, R.C.M. 1921; amd. Sec. 5, Ch. 58, L. 1927; amd. Sec. 1, Ch. 30, L. 1933; re-en. Sec. 5121, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1963; amd. Sec. 1, Ch. 2, L. 1974; amd. Sec. 53, Ch. 348, L. 1974; amd. Sec. 1, Ch. 366, L. 1974; amd. Sec. 1, Ch. 197, L. 1975; amd. Sec. 17, Ch. 213, L. 1975; amd. Sec. 5, Ch. 157, L. 1977; R.C.M. 1947, 11-1914(3)(a); amd. Sec. 1, Ch. 270, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 11. Firefighters' Retirement (Renumbered and Repealed) › Part 3. Management -- First and Second Class Cities (Repealed) › 19-11-302. Repealed

19-11-302. Repealed.
Sec. 62, Ch. 566, L. 1981.
History: En. Sec. 5, Ch. 71, L. 1907; Sec. 3338, Rev. C. 1907; re-en. Sec. 5121, R.C.M. 1921; amd. Sec. 5, Ch. 58, L. 1927; amd. Sec. 1, Ch. 30, L. 1933; re-en. Sec. 5121, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1963; amd. Sec. 1, Ch. 2, L. 1974; amd. Sec. 53, Ch. 348, L. 1974; amd. Sec. 1, Ch. 366, L. 1974; amd. Sec. 1, Ch. 197, L. 1975; amd. Sec. 17, Ch. 213, L. 1975; amd. Sec. 5, Ch. 157, L. 1977; R.C.M. 1947, 11-1914(3)(c).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 11. Firefighters' Retirement (Renumbered and Repealed) › Part 3. Management -- First and Second Class Cities (Repealed) › 19-11-303. Repealed

19-11-303. Repealed.
Sec. 62, Ch. 566, L. 1981.
History: En. Sec. 5, Ch. 71, L. 1907; Sec. 3338, Rev. C. 1907; re-en. Sec. 5121, R.C.M. 1921; amd. Sec. 5, Ch. 58, L. 1927; amd. Sec. 1, Ch. 30, L. 1933; re-en. Sec. 5121, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1963; amd. Sec. 1, Ch. 2, L. 1974; amd. Sec. 53, Ch. 348, L. 1974; amd. Sec. 1, Ch. 366, L. 1974; amd. Sec. 1, Ch. 197, L. 1975; amd. Sec. 17, Ch. 213, L. 1975; amd. Sec. 5, Ch. 157, L. 1977; R.C.M. 1947, 11-1914(3)(b); amd. Sec. 7, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-101. Short title

19-13-101. Short title.
This chapter may be cited as the "Montana Firefighters' Unified Retirement Act".
History: En. Sec. 1, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-102. Purpose -- application of prior law

19-13-102. Purpose -- application of prior law.
(1) Because cities other than those of the first or second class currently have fire department relief associations, the legislature finds and declares that the law regarding these associations cannot be repealed. It is the express intention of the legislature to allow two separate and distinct retirement systems to exist. The first, which includes fire department relief associations, applies to cities other than those of the first or second class that wish to adopt it. The second, created by this chapter, applies to cities of the first or second class and those other cities that wish to adopt it. The purpose of the second system is to provide equity and security for retired firefighters who served cities of the first and second class and other cities electing to join the plan by creating a centrally administered system responsible for continuing all retirement payments from the assets of the system.
(2) Title 19, chapter 18, may not be applied in any way to a city operating under the plan created by this chapter except as otherwise provided.
History: En. Sec. 2, Ch. 566, L. 1981.