reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-810. Functions of advisory council

2-18-810. Functions of advisory council.
(1) The department shall meet and consult with the advisory council before negotiating, contracting, or otherwise modifying state employee group benefit plans.
(2) The advisory council shall meet quarterly to review the existing state employee group benefit plans, to review claims problems, and to advise the department on state employee group benefit matters.
History: En. Sec. 4, Ch. 555, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-811. General duties of department

2-18-811. General duties of department.
The department shall:
(1) adopt rules for the conduct of its business under this part and to carry out the purposes of this part;
(2) negotiate and administer contracts for state employee group benefit plans for a period not to exceed 10 years;
(3) design state employee group benefit plans, establish specifications for bids, and make recommendations for acceptance or rejection of bids;
(4) prepare an annual report that describes the state employee group benefit plans being administered, details the historical and projected program costs and the status of reserve funds, and makes recommendations, if any, for change in existing state employee group benefit plans;
(5) prior to each legislative session, perform or obtain an analysis of rate adequacy of all state employee group benefit plans administered under this part; and
(6) submit the report required in this section to the office of budget and program planning as a part of the information required by 17-7-111.
History: En. Sec. 5, Ch. 555, L. 1979; amd. Sec. 11, Ch. 112, L. 1991; amd. Sec. 10, Ch. 349, L. 1993; amd. Sec. 1, Ch. 127, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-812. Alternatives to conventional insurance for providing state employee group benefits authorized -- requirements

2-18-812. Alternatives to conventional insurance for providing state employee group benefits authorized -- requirements.
The department may establish alternatives to conventional insurance for providing state employee group benefits. The requirements for providing alternatives to conventional insurance are as follows:
(1) The department shall maintain state employee group benefit plans on an actuarially sound basis.
(2) The department shall maintain reserves sufficient to liquidate the unrevealed claims liability and other liabilities of state employee group benefit plans.
(3) The department shall deposit all reserve funds and premiums paid to a state employee group benefit plan account within the state self-insurance reserve fund, and the deposits must be expended for claims under the plan.
(4) The department shall deposit income earned from the investment of a state employee group benefit plan's reserve fund into the account established under subsection (3) in order to offset the costs of administering the plan.
(5) The department shall deposit into the account provided for in subsection (3) all portions of a state employee's salary designated by the employee to be withheld for the purposes of flexible spending account benefits. Income earned on the deposits must be retained within the account and used for the purposes provided in this subsection. The money deposited and income earned on the deposits must be used for:
(a) payment of claims made by the employee;
(b) payment of reasonable costs of administration of the flexible spending account program;
(c) offsetting losses of the flexible spending account program; and
(d) reducing administration fees collected from participants in the program.
(6) The department shall, prior to implementation of any alternative to conventional insurance, present to the advisory council the evidence upon which the department has concluded that the alternative method will be more efficient, less costly, or otherwise superior to contracting for conventional insurance.
(7) Except as otherwise provided in Title 33, chapter 18, part 9, the provisions of Title 33 do not apply to the department when exercising the powers and duties provided for in this section.
History: En. Sec. 6, Ch. 555, L. 1979; amd. Sec. 5, Ch. 703, L. 1985; amd. Sec. 1, Ch. 628, L. 1989; amd. Sec. 3, Ch. 532, L. 1997; amd. Sec. 2, Ch. 88, L. 1999; amd. Sec. 1, Ch. 334, L. 1999; amd. Sec. 8, Ch. 438, L. 2015; amd. Sec. 5, Ch. 175, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-813. Combining existing employee groups authorized

2-18-813. Combining existing employee groups authorized.
The department may combine existing state employee groups into larger groups for the purpose of establishing state employee group benefit plans on behalf of the combined groups. The department may also combine state employees into a single group for purposes of state employee group benefits under this part.
History: En. Sec. 7, Ch. 555, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-814. Administrative costs

2-18-814. Administrative costs.
The department shall include the costs of administering and negotiating state employee group benefit plans established under this part, as well as the costs of hiring necessary consultants, actuaries, and auditors under this part, as part of the cost for state employee group benefits.
History: En. Sec. 8, Ch. 555, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-815. Transfer of authority of board of regents authorized

2-18-815. Transfer of authority of board of regents authorized.
(1) The board of regents of higher education may transfer its authority for providing group benefits for employees of the Montana university system to the department.
(2) Upon transfer of the board of regents' authority as provided in (1) of this section, group benefit plans for employees of the Montana university system are subject to the provisions of this part.
History: En. Sec. 9, Ch. 555, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-816. Biennial audit of group benefit plans required

2-18-816. Biennial audit of group benefit plans required.
The state employee group benefit plans established under this part, whether established on a self-funded basis or not, must be audited every 2 years. The audit must cover the 2-year period since the last audit and be conducted by or at the direction of the legislative auditor.
History: En. Sec. 10, Ch. 555, L. 1979; amd. Sec. 1, Ch. 86, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-820. Continuation of health insurance for legislators

2-18-820. Continuation of health insurance for legislators.
A legislator who is involuntarily terminated from performing service in either house of the legislature because of term limits is entitled to remain covered by the state's group health insurance plan and to the continuation of the employer's contributions to the employee's group health insurance plan for up to 6 months from the last day of the legislator's final term of office in that house. The provisions of this section are in addition to the rights and benefits provided under 2-18-704 and do not affect the right of a legislator to remain on the group health insurance plan after 6 months if the legislator is otherwise eligible under 2-18-704 to remain covered.
History: En. Sec. 11, Ch. 558, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 9. Subrogation -- Notice › 2-18-901. Subrogation rights

2-18-901. Subrogation rights.
A disability insurance policy subject to this chapter may contain a provision providing that, to the extent necessary for reimbursement of benefits paid to or on behalf of the insured, the insurer is entitled to subrogation, as provided for in 2-18-902, against a judgment or recovery received by the insured from a third party found liable for a wrongful act or omission that caused the injury necessitating benefit payments.
History: En. Sec. 1, Ch. 365, L. 1987.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 9. Subrogation -- Notice › 2-18-902. Notice -- shared costs of third-party action -- limitation

2-18-902. Notice -- shared costs of third-party action -- limitation.
(1) If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of the intention to institute the action.
(2) The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.
(3) An insurer may elect not to participate in the cost of the action. If an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901.
(4) The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for the insured's injuries.
History: En. Sec. 3, Ch. 365, L. 1987; amd. Sec. 127, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1001. Repealed

2-18-1001. Repealed.
Sec. 2, Ch. 56, L. 2021.
History: En. 32-2505.1 by Sec. 1, Ch. 377, L. 1975; Sec. 32-2505.1, R.C.M. 1947; En. 32-2505 by Sec. 2, Ch. 28, L. 1974; Sec. 32-2505, R.C.M. 1947; R.C.M. 1947, 32-2505(part), 32-2505.1; amd. Sec. 1, Ch. 14, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 128, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1002. Repealed

2-18-1002. Repealed.
Sec. 2, Ch. 56, L. 2021.
History: (1)En. 32-2505 by Sec. 2, Ch. 28, L. 1974; Sec. 32-2505, R.C.M. 1947; (2)En. 32-2505.2 by Sec. 2, Ch. 377, L. 1975; Sec. 32-2505.2, R.C.M. 1947; R.C.M. 1947, 32-2505(part), 32-2505.2; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 2, Ch. 90, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1003. Repealed

2-18-1003. Repealed.
Sec. 2, Ch. 56, L. 2021.
History: En. 32-2505.3 by Sec. 3, Ch. 377, L. 1975; R.C.M. 1947, 32-2505.3.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1011. Classification or compensation grievance -- retaliation -- hearing on complaint

2-18-1011. Classification or compensation grievance -- retaliation -- hearing on complaint.
(1) An employee or the employee's representative affected by the implementation of parts 1 through 3 of this chapter is entitled to file a complaint with the board of personnel appeals provided for in 2-15-1705 and to be heard under the provisions of a grievance procedure to be prescribed by the board.
(2) Direct or indirect interference, restraint, coercion, or retaliation by an employee's supervisor or the agency for which the employee works or by any other agency of state government against an employee because the employee has filed or attempted to file a complaint with the board is also a basis for a complaint and entitles the employee to file a complaint with the board and to be heard under the provisions of the grievance procedure prescribed by the board.
(3) An action that attempts to revise the determination of an employee's classification and that involves an employee exercising a right conferred by 2-18-1011 through 2-18-1013 in a way that would adversely affect the employee prior to final resolution or entry of a final order with respect to the action is presumed to be interference, restraint, coercion, or retaliation prohibited by subsection (2) unless the review was commenced or scheduled prior to filing of the appeal and was not prompted by the grievance appealed from. The presumption is rebuttable.
History: En. 82A-1014 by Sec. 15, Ch. 440, L. 1973; amd. Sec. 1, Ch. 47, L. 1974; amd. Sec. 1, Ch. 378, L. 1975; amd. Sec. 1, Ch. 545, L. 1977; R.C.M. 1947, 82A-1014(part); amd. Sec. 14, Ch. 575, L. 1981; amd. Sec. 129, Ch. 61, L. 2007; amd. Sec. 14, Ch. 81, L. 2007; amd. Sec. 6, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1012. Grievance procedure

2-18-1012. Grievance procedure.
If, upon the preponderance of the evidence taken at the hearing, the board is of the opinion that the employee is aggrieved, it may issue an order to the appropriate agency or agencies of state government to require an action to resolve the employee's grievance. In a hearing, the board is not bound by statutory or common-law rules of evidence. The hearing may be conducted by telephone or by videoconference.
History: En. 82A-1014 by Sec. 15, Ch. 440, L. 1973; amd. Sec. 1, Ch. 47, L. 1974; amd. Sec. 1, Ch. 378, L. 1975; amd. Sec. 1, Ch. 545, L. 1977; R.C.M. 1947, 82A-1014(part); amd. Sec. 3, Ch. 90, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 10. Grievance Procedures › 2-18-1013. Enforcement of board order -- petition to district court

2-18-1013. Enforcement of board order -- petition to district court.
The board or the employee may petition for the enforcement of the board's order and for appropriate temporary relief and shall file in the district court the record of the proceedings. Upon the filing of the petition, the district court shall have jurisdiction of the proceeding. Thereafter, the district court shall set the matter for hearing. After the hearing, the district court shall issue its order granting such temporary or permanent relief as it considers just and proper. No objection that has not been raised before the board shall be considered by the court unless the failure or neglect to raise the objection is excused because of extraordinary circumstances. The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
History: En. 82A-1014 by Sec. 15, Ch. 440, L. 1973; amd. Sec. 1, Ch. 47, L. 1974; amd. Sec. 1, Ch. 378, L. 1975; amd. Sec. 1, Ch. 545, L. 1977; R.C.M. 1947, 82A-1014(4)(d).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1101. Definitions

2-18-1101. Definitions.
As used in this part, the following definitions apply:
(1) "Agency head" means a director, commissioner, or constitutional officer in charge of an executive, legislative, or judicial branch agency or an agency of the Montana university system. The term includes the president or other person in charge of a public retirement board or a unit of the Montana university system.
(2) "Department" means the department of administration provided for in 2-15-1001.
(3) (a) "Employee" means an employee of the executive, legislative, or judicial branch or the Montana university system.
(b) The term does not include a student intern, as defined in 2-18-101.
(4) "Group or team of employees" means a group, team, or work unit of employees working cooperatively.
History: En. Sec. 1, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Sec. 2, Ch. 103, L. 1985; amd. Sec. 1, Ch. 23, Sp. L. November 1993; amd. Sec. 1, Ch. 99, L. 2001; amd. Sec. 7, Ch. 75, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1102. Creation of program

2-18-1102. Creation of program.
The department shall develop a statewide employee incentive award program to appropriately recognize and monetarily reward individual state employees and groups or teams of employees for documented innovations that contribute to the efficiency, economy, or other improvement of state government by reducing the costs or improving the effectiveness of governmental operations.
History: En. Sec. 2, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Sec. 2, Ch. 103, L. 1985; amd. Sec. 2, Ch. 23, Sp. L. November 1993; amd. Sec. 11, Ch. 417, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1103. Powers and duties of department

2-18-1103. Powers and duties of department.
The department shall:
(1) adopt rules to implement this part;
(2) develop model guidelines and promotional materials to assist agencies in implementing this part; and
(3) prepare and submit to the state administration and veterans' affairs interim committee by September 15 in the year preceding the regular legislative session and in the manner provided in 5-11-210 a list of awards granted under 2-18-1106 and the corresponding savings to the state and improvements in the effectiveness of state government.
History: En. Sec. 3, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Sec. 2, Ch. 103, L. 1985; amd. Sec. 1, Ch. 23, Sp. L. June 1986; amd. Sec. 12, Ch. 112, L. 1991; amd. Sec. 11, Ch. 349, L. 1993; amd. Sec. 3, Ch. 23, Sp. L. November 1993; amd. Sec. 12, Ch. 417, L. 1997; amd. Sec. 2, Ch. 155, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1104. Repealed

2-18-1104. Repealed.
Sec. 9, Ch. 23, Sp. L. November 1993.
History: En. Sec. 4, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Sec. 2, Ch. 103, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1105. Eligibility for award

2-18-1105. Eligibility for award.
(1) Except as provided in subsection (3), an employee, a group or team of employees, or a nonemployee is eligible for an incentive award for innovations that:
(a) significantly contribute to achievements or outcomes eliminating or reducing an agency's expenditures; or
(b) improve the effectiveness of state government or improve services to the public by permitting more work to be accomplished within an agency without increasing the cost of governmental operations.
(2) To be eligible for an incentive award, an employee, a group or team of employees, or a nonemployee must receive approval from agency management for immediate implementation, for a short-term test of an idea or innovation, or for the development and testing of a prototype that could make significant improvement in the way an agency conducts business by addressing fiscal, customer service, efficiency, or safety issues.
(3) A director, as defined in 2-15-102, or a legislator is not eligible for the incentive award provided for under this part.
(4) Suggestions relating to an agency are eligible for an award from that agency's agency head even if the employee or group or team of employees, or one or more members of the group or team, do not work for that agency.
History: En. Sec. 5, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Sec. 2, Ch. 103, L. 1985; amd. Sec. 4, Ch. 23, Sp. L. November 1993; amd. Sec. 13, Ch. 417, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1106. Agency head to grant award -- amount and source of award

2-18-1106. Agency head to grant award -- amount and source of award.
(1) An agency head may grant an incentive award to an employee, a group or team of employees, or a nonemployee who has made a significant contribution to achievements or outcomes in the agency, as enumerated in 2-18-1105. An employee or a member of a group or team of employees need not be employed by the agency that benefits from the achievement or outcome and whose agency head grants the award in order to be granted an award.
(2) If agency management determines that an idea, innovation, or prototype that has been implemented will result in cost savings or improvements to agency operations, the agency head, at the agency head's discretion, may grant an incentive award of up to $500, up to 40 hours paid leave time, or other nonmonetary recognition.
(3) If an achievement or outcome produces cost savings that can be measured after the savings are actually realized or that can be accurately projected for a period of 12 months following implementation, a larger award may be granted by the agency head. The amount of the award must be determined by the agency head but may not exceed:
(a) 10% of the first $100,000 of cost savings actually realized or accurately projected; plus
(b) 5% of the next $100,000 of cost savings actually realized or accurately projected; plus
(c) 2% of the next $100,000 of cost savings actually realized or accurately projected.
(4) (a) If the award is to be divided between two or more persons, the agency head shall determine the amount each person is to receive.
(b) Each person must be paid in one lump sum no later than 90 days after the end of the 12-month period following implementation of the suggestion. However, an agency head may pay an award at any time that savings can be determined. The agency head shall pay the award from the agency's budget. This award is in addition to the recipient's regular compensation or leave time.
(5) Within 30 days after the end of each fiscal year, each agency shall submit to the department a list of the number of incentive awards granted, to whom each award was granted, the estimated value of each achievement or outcome, and the amount of each award.
History: En. Sec. 6, Ch. 552, L. 1981; amd. Sec. 1, Ch. 61, L. 1983; amd. Secs. 1, 2, Ch. 103, L. 1985; amd. Sec. 2, Ch. 23, Sp. L. June 1986; amd. Sec. 1, Ch. 201, L. 1987; amd. Sec. 5, Ch. 23, Sp. L. November 1993; amd. Sec. 14, Ch. 417, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 11. Employee Incentive Program › 2-18-1107. Salary increase based on elimination of position

2-18-1107. Salary increase based on elimination of position.
An agency head, as defined in 2-18-1101, may, with the approval of the approving authority, as defined in 17-7-102, increase the salary for one or more positions in the agency by the amount of the salary for a position that was permanently eliminated by the agency within the last 30 days. However, an increased salary may not exceed the market midpoint for that position determined under Title 2, chapter 18, part 3. If an eliminated position's salary is redistributed under this section, the agency may not be given an increased appropriation in regard to the eliminated position under 2-15-112(2)(e). An increase for an employee who is in a collective bargaining unit is a negotiable subject under 39-31-305.
History: En. Sec. 6, Ch. 23, Sp. L. November 1993; amd. Sec. 7, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 12. State Employee Protection Act › 2-18-1202. Definitions

2-18-1202. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" has the meaning provided in 2-18-101 but does not include the Montana university system.
(2) (a) "Employee" means a person employed by the state who has achieved permanent status, as defined in 2-18-101, or officers and employees of the legislative branch and teachers under the authority of the department of corrections or department of public health and human services who have been employed for at least 6 continuous months.
(b) The term does not include a student intern, as defined in 2-18-101.
(3) "Privatization" means contracting with the private sector to provide a service normally or traditionally provided directly by an employee of an agency.
History: En. Sec. 2, Ch. 477, L. 1993; amd. Sec. 1, Ch. 524, L. 1995; amd. Sec. 15, Ch. 42, L. 1997; amd. Sec. 8, Ch. 75, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 12. State Employee Protection Act › 2-18-1203. General protection

2-18-1203. General protection.
(1) An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature is entitled to:
(a) access to any job retraining and career development programs provided by the state through the service delivery areas dislocated worker programs under the Workforce Innovation and Opportunity Act, 29 U.S.C. 3101, et seq., provided that the employee begins participating in a program within 1 year after the elimination of the employee's position; and
(b) inclusion in a special job register from which all agencies may attempt to hire employees prior to seeking applications from the general public. Nothing in this section requires an agency to attempt to hire employees from the special job register prior to seeking applications from the general public. An employee's eligibility to participate in the job register terminates 2 years from the effective date of the employee's layoff or 2 years from the date of the employee's completion of job training provided under subsection (1)(a), whichever is later.
(2) Each state agency shall pay to the department of labor and industry a set amount that is equal to the department's average cost of providing the retraining and development services for state employees in the previous fiscal year for each involuntarily terminated state employee who requests access to any job training and career development program provided by the department.
History: En. Sec. 3, Ch. 477, L. 1993; amd. Sec. 1, Ch. 24, Sp. L. November 1993; amd. Sec. 2, Ch. 524, L. 1995; amd. Sec. 1, Ch. 361, L. 1997; amd. Sec. 1, Ch. 502, L. 2003; amd. Sec. 1, Ch. 37, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 12. State Employee Protection Act › 2-18-1204. Salary and benefits protection -- employee transfer

2-18-1204. Salary and benefits protection -- employee transfer.
An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature and who is subsequently transferred to a different position in a state agency is entitled to:
(1) the same hourly salary as previously received if the new position is the same classification or higher as the one previously held;
(2) retain all accrued sick leave credits;
(3) retain, cash out, or use accrued vacation leave credits to extend the employee's effective layoff date; and
(4) relocation expenses as provided in agency policy.
History: En. Sec. 4, Ch. 477, L. 1993; amd. Sec. 3, Ch. 524, L. 1995; amd. Sec. 1, Ch. 111, L. 2005; amd. Sec. 5, Ch. 130, L. 2005; amd. Sec. 15, Ch. 81, L. 2007; amd. Sec. 6, Ch. 7, L. 2009; amd. Sec. 8, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 12. State Employee Protection Act › 2-18-1205. Continuation of health insurance and employer contributions

2-18-1205. Continuation of health insurance and employer contributions.
(1) During the period of unemployment as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature, the employee is entitled to remain covered by the state's group health insurance plan and to the continuation of the employer's contribution to the employee's group health insurance for 6 months from the effective date of layoff or until the employee becomes employed, whichever occurs first.
(2) For the purposes of this section, the term "agency" includes the Montana university system.
History: En. Sec. 5, Ch. 477, L. 1993; amd. Sec. 4, Ch. 524, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 12. State Employee Protection Act › 2-18-1206. Notice

2-18-1206. Notice.
(1) Except as provided in subsection (2), an employee and the employee's collective bargaining unit, if any, must be notified as soon as possible prior to privatization, reorganization of any agency, or closure of or a reduction in force at an agency. When 25 or more employees are affected, the notice must be given at least 60 days prior to the privatization, reorganization, agency closure, or reduction in force.
(2) When privatization, reorganization, an agency closure, or a reduction in force affects fewer than 25 employees, each employee affected must be notified at least 14 days prior to the privatization, reorganization, agency closure, or reduction in force.
History: En. Sec. 6, Ch. 477, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1301. Short title

2-18-1301. Short title.
This part may be cited as the "Voluntary Employees' Beneficiary Association Act".
History: En. Sec. 1, Ch. 272, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1302. Purpose and intent

2-18-1302. Purpose and intent.
The legislature finds that escalating health care expenses, particularly the increasing cost of medical treatment and health insurance, constitute a substantial financial burden during and after an employee's working career. The purpose of this part is to provide a means by which public employers may contribute to a plan established under a qualified tax-exempt trust organization to assist public employees and their dependents with paying for qualified health care expenses. Under the plan, employer contributions, investment earnings, and payments for qualified health care expenses are tax-exempt. The legislature also finds that centralized statewide administration offers a consistent approach and is more cost-effective, especially for smaller employers. However, the legislature does not intend to prohibit an employer from establishing a similar program as an alternative or in addition to participation in the statewide program provided for in this part. Additionally, the legislature intends to facilitate a grassroots process to determine plan participation.
History: En. Sec. 2, Ch. 272, L. 2001; amd. Sec. 1, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1303. Definitions

2-18-1303. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Common association" means an association of employees established pursuant to 2-18-1310 for the purposes of employer and employee participation in the plan.
(2) "Contracting employer" means an employer who, pursuant to 2-18-1310, has contracted with the department to participate in the plan.
(3) "Department" means the department of administration established in 2-15-1001.
(4) "Dependent" means the tax-qualified dependent or child of the participant as determined under section 105(b) of the Internal Revenue Code, 26 U.S.C. 105(b).
(5) (a) "Employee" means a person employed by an employer.
(b) The term does not include an independent contractor, a person hired by the employer under a personal services contract, or a student intern, as defined in 2-18-101.
(6) "Employer" means a legally constituted department, board, commission, or any other administrative unit of state government, a county, an incorporated city or town, or any other political subdivision of the state, including a school district, or a unit of the university system.
(7) "Health care expense trust account" or "account" means an account established for the payment of qualified health care expenses under the plan.
(8) "Member" means an employee whose work unit voted to establish a common association.
(9) "Participant" means a member who terminates employment and for whom an account is established.
(10) "Plan" means the employee welfare benefit plan established under section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9), pursuant to 2-18-1304.
(11) "Qualified health care expenses" means expenses paid by a participant for medical care, as defined by 26 U.S.C. 213(d), for the participant or the participant's spouse or dependent.
History: En. Sec. 3, Ch. 272, L. 2001; amd. Sec. 9, Ch. 75, L. 2005; amd. Sec. 1, Ch. 96, L. 2005; amd. Sec. 2, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1304. Statewide employee welfare benefit plan established -- health care expense trust accounts -- investment of funds -- account access -- administrative expenses

2-18-1304. Statewide employee welfare benefit plan established -- health care expense trust accounts -- investment of funds -- account access -- administrative expenses.
(1) The department shall establish, through contracted services, a plan under a tax-exempt entity that qualifies as a voluntary employees' beneficiary association trust pursuant to section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9). The plan must provide participants with individual health care expense trust accounts to pay qualified health care expenses.
(2) The department shall determine what investment vehicles will be offered to plan participants. Each plan participant is entitled to direct the investment of funds in the participant's account among the investment vehicles offered. The department shall provide for a default investment vehicle if a participant fails to direct how funds are to be invested.
(3) At any time after a participant's account has been established, the participant may access funds in the account in a manner prescribed by the department. The funds may be accessed only for the payment of qualified health care expenses and until the funds have been exhausted.
(4) Administrative expenses must be paid by the plan in a manner prescribed by the department.
History: En. Sec. 4, Ch. 272, L. 2001; amd. Sec. 3, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1305. Rulemaking authority

2-18-1305. Rulemaking authority.
The department shall adopt rules to implement the provisions of this part. The rules must be designed to allow the plan to conform to federal law.
History: En. Sec. 5, Ch. 272, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1309. Administration of plan -- content of plan document

2-18-1309. Administration of plan -- content of plan document.
(1) The department shall provide for the administration of the plan in the manner required to satisfy applicable tax qualification requirements of the Internal Revenue Code and other applicable federal law. If a statutory provision of this part conflicts with a qualification requirement of the Internal Revenue Code or other applicable federal law and any consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements.
(2) For purposes of qualification pursuant to section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9), and any other applicable internal revenue service laws and regulations, the plan document is composed of this part, the rules adopted by the department to implement this part, and the regulations adopted by the internal revenue service to implement section 105 of the Internal Revenue Code, 26 U.S.C. 105.
History: En. Sec. 6, Ch. 272, L. 2001; amd. Sec. 4, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1310. Plan membership election -- contract for employer participation

2-18-1310. Plan membership election -- contract for employer participation.
(1) At the request of at least 25% of its employees, an employer may facilitate an election by all the employer's employees or by a specified group of the employer's employees to determine whether those employees will form an association for the purpose of participating in the plan. An election among employees on whether to form an association may also be initiated by the employer.
(2) If a majority of the employees voting on the question vote to become plan members, then, in a manner prescribed by the department:
(a) all of the employees that were eligible to vote on the question and any employees subsequently hired into the positions covered under the terms and conditions of the election must be formed as a common association for the purpose of plan membership and the employees must become plan members; and
(b) the employer shall enter into a contract with the department to participate in the plan and must become a contracting employer.
(3) A common association shall operate in a manner prescribed by the department unless the association is disbanded in a manner prescribed by the department.
(4) A contracting employer shall provide to the department, or the appropriate administering entity, the information necessary for the plan's operation. The department, in partnership with a contracting employer, shall provide to plan members the information necessary to actively participate in the plan.
History: En. Sec. 7, Ch. 272, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1311. Contributions of unused sick and vacation leave -- other contributions not prohibited

2-18-1311. Contributions of unused sick and vacation leave -- other contributions not prohibited.
(1) When the member's employment is terminated, the member's unused sick leave balance may be converted to a tax-free employer contribution to the participant account pursuant to this section.
(2) The amount of the employer contribution to a participant's account for hours converted under this section must be equal to one-fourth of the pay attributed to the accumulated sick leave. The attributable pay must be computed on the basis of the employee's salary or wage at the time that the sick leave is converted. A participant may not later receive as sick leave credit or as a lump-sum payment amounts contributed to the participant account pursuant to this section.
(3) At termination of employment, the member's unused vacation leave balance may be converted to a tax-free employer contribution to the participant account as provided for in 2-18-617.
(4) This section does not prohibit an employer from making other contributions permitted by statute and federal law or from entering into an agreement with a participant for employer contributions to a participant account in addition to the contributions provided for under this section.
History: En. Sec. 8, Ch. 272, L. 2001; amd. Sec. 3, Ch. 503, L. 2007; amd. Sec. 5, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1312. Tax exemption

2-18-1312. Tax exemption.
Employer contributions into an account, the accumulation of interest or other earnings in an account, and payments from an account for qualified health care expenses are tax-exempt, as provided under applicable federal laws and regulations to the extent that the plan is qualified under applicable sections of the Internal Revenue Code.
History: En. Sec. 9, Ch. 272, L. 2001; amd. Sec. 2, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 13. Voluntary Employees' Beneficiary Association Act › 2-18-1313. Death benefits

2-18-1313. Death benefits.
(1) Upon proof of a participant's death, if the deceased participant's account retains funds, the participant's surviving spouse or dependent is entitled to use the account for qualified health care expenses incurred by the participant until the participant's death or incurred by the surviving spouse or a surviving dependent until loss of tax-qualified status.
(2) The department shall prescribe by rule the disposition of a deceased participant's account if the participant has no surviving spouse or dependent.
History: En. Sec. 10, Ch. 272, L. 2001; amd. Sec. 6, Ch. 128, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 19. Termination of State Agencies › Part 1. Procedure › 2-19-101. Definitions

2-19-101. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of administration created in 2-15-1001.
(2) "State agency" means any state office, board, bureau, commission, department, or agency but does not include any agency operated by a city, town, county, school district, or other political subdivision.
History: En Sec. 1, Ch. 333, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 19. Termination of State Agencies › Part 1. Procedure › 2-19-102. Closing out defunct state agencies -- procedures

2-19-102. Closing out defunct state agencies -- procedures.
Unless otherwise provided by law, the following procedures apply whenever a state agency is terminated by operation of law, is abolished by executive or legislative action, ceases to function, or otherwise becomes defunct:
(1) The department becomes the receiver of all real and personal property of the agency, including all books, records, and accounts, and shall determine all remaining assets and liabilities of the defunct agency. The department shall inventory all personal property of the agency and may reassign the property to other state agencies or otherwise dispose of it as provided in Title 18, chapter 6, part 1.
(2) The department must pay any creditors of the defunct state agency from the funds remaining in the agency's current budget. However, if insufficient funds remain to settle all outstanding accounts, then the department shall prorate all claims in the ratio of their amount to the total cash available. The department shall seek a supplemental appropriation from the next regular session of the legislature to pay the remaining balance of the creditors' claims. Any funds remaining after payment to all creditors of the defunct agency must be deposited by the department into the general fund.
History: En Sec. 2, Ch. 333, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-101. Repealed

2-20-101. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 1, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-102. Repealed

2-20-102. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 2, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-103. Repealed

2-20-103. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 3, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-104. Repealed

2-20-104. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 4, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-105. Repealed

2-20-105. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 5, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-106. Repealed

2-20-106. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 6, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-107. Repealed

2-20-107. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 7, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-108. Repealed

2-20-108. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 8, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-109. Repealed

2-20-109. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 9, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-110. Repealed

2-20-110. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 10, Ch. 365, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 20. Electronic Transactions With State Agencies and Local Governments (Repealed) › Part 1. General Provisions (Repealed) › 2-20-111. Repealed

2-20-111. Repealed.
Sec. 4, Ch. 130, L. 2007.
History: En. Sec. 11, Ch. 365, L. 1999.