reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-405. Repealed

19-6-405. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 5, Ch. 37, L. 1945; amd. Sec. 1, Ch. 158, L. 1949; amd. Sec. 1, Ch. 176, L. 1953; amd. Sec. 202, Ch. 147, L. 1963; amd. Sec. 6, Ch. 326, L. 1974; R.C.M. 1947, 31-205(part); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 2, Ch. 221, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-406. Repealed

19-6-406. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 6, Ch. 37, L. 1945; amd. Sec. 3, Ch. 243, L. 1955; amd. Sec. 203, Ch. 147, L. 1963; amd. Sec. 7, Ch. 326, L. 1974; amd. Sec. 2, Ch. 332, L. 1977; R.C.M. 1947, 31-206(2).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-407. Repealed

19-6-407. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 31-230 by Sec. 14, Ch. 243, L. 1955; amd. Sec. 14, Ch. 326, L. 1974; R.C.M. 1947, 31-230.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-408. Repealed

19-6-408. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 6, Ch. 37, L. 1945; amd. Sec. 3, Ch. 243, L. 1955; amd. Sec. 203, Ch. 147, L. 1963; amd. Sec. 7, Ch. 326, L. 1974; amd. Sec. 2, Ch. 332, L. 1977; R.C.M. 1947, 31-206(3).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-409. Repealed

19-6-409. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 3, Ch. 138, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 4. Contributions and Refunds › 19-6-410. State contribution for supplemental benefits -- statutory appropriation

19-6-410. (Temporary) State contribution for supplemental benefits -- statutory appropriation.
The state shall annually contribute to the pension trust fund the lump-sum amount determined by the board as required to pay benefits under 19-6-709. The amount must be calculated based upon the number of individuals eligible as provided in 19-6-709(1) through (3) and based upon the amount of benefit for the eligible individuals as provided in 19-6-709(4)(a) through (4)(c). The amount is statutorily appropriated, as provided in 17-7-502, from the general fund to the pension trust fund. (Terminates contingent upon death of last eligible recipient--sec. 14, Ch. 464, L. 2005.)
History: En. Sec. 1, Ch. 464, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-501. Eligibility for service retirement benefit

19-6-501. Eligibility for service retirement benefit.
(1) (a) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a member hired on or before June 30, 2023, is eligible to receive a nonforfeitable service retirement benefit under 19-6-502 after completing 20 years or more of membership service and terminating service.
(b) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a member hired on or after July 1, 2023, is eligible to receive a nonforfeitable service retirement benefit under 19-6-502 after completing 20 years or more of membership service, reaching the age of 50, and terminating service.
(2) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411, a vested member is treated as having attained normal retirement age and has a nonforfeitable right to the member's service retirement.
History: En. Sec 11, Ch. 37, L. 1945; amd. Sec. 9, Ch. 326, L. 1974; R.C.M. 1947, 31-211; amd. Sec. 2, Ch. 206, L. 1981; amd. Sec. 2, Ch. 53, L. 1983; amd. Sec. 5, Ch. 278, L. 1985; amd. Sec. 7, Ch. 196, L. 1989; amd. Sec. 121, Ch. 265, L. 1993; amd. Sec. 23, Ch. 370, L. 1997; amd. Sec. 55, Ch. 99, L. 2001; amd. Sec. 1, Ch. 193, L. 2001; amd. Sec. 8, Ch. 240, L. 2013; amd. Sec. 10, Ch. 729, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-502. Service retirement benefit

19-6-502. Service retirement benefit.
After termination from service and upon application for service retirement, a member must receive a service retirement benefit equal to 2.6% of the member's highest average compensation for each year of service credit.
History: En. Sec. 13, Ch. 37, L. 1945; amd. Sec. 4, Ch. 361, L. 1974; amd. Sec. 5, Ch. 65, L. 1977; R.C.M. 1947, 31-213; amd. Sec. 6, Ch. 278, L. 1985; amd. Sec. 4, Ch. 816, L. 1991; amd. Sec. 122, Ch. 265, L. 1993; amd. Sec. 56, Ch. 99, L. 2001; amd. Sec. 62, Ch. 429, L. 2003; amd. Sec. 6, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-503. Early retirement benefit for member discontinued from service other than for cause

19-6-503. Early retirement benefit for member discontinued from service other than for cause.
(1) If a member hired before July 1, 2013, is discontinued from service other than for cause after having completed 5 years of membership service but before reaching normal retirement age, the member must, upon filing a written application with the board, be paid an early service retirement benefit that is of actuarial equivalent value to a service retirement based on a retirement age of 60.
(2) If a member hired on or after July 1, 2013, is discontinued from service other than for cause after having completed 10 years of membership service but before reaching normal retirement age, the member must, upon filing a written application with the board, be paid an early service retirement benefit that is of actuarial equivalent value to a service retirement based on a retirement age of 60.
History: En. Sec. 15, Ch. 37, L. 1945; amd. Sec. 8, Ch. 243, L. 1955; amd. Sec. 6, Ch. 65, L. 1977; R.C.M. 1947, 31-215; amd. Sec. 7, Ch. 114, L. 1979; amd. Sec. 3, Ch. 206, L. 1981; amd. Sec. 8, Ch. 278, L. 1985; amd. Sec. 123, Ch. 265, L. 1993; amd. Sec. 47, Ch. 562, L. 1999; amd. Sec. 63, Ch. 429, L. 2003; amd. Sec. 7, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-504. Repealed

19-6-504. Repealed.
Sec. 13, Ch. 86, L. 1985.
History: En. Sec. 16, Ch. 37, L. 1945; amd. Sec. 9, Ch. 243, L. 1955; R.C.M. 1947, 31-216.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-505. Payment of retirement benefits

19-6-505. Payment of retirement benefits.
(1) The service retirement benefit must be paid to the retired member for the remainder of the member's life.
(2) Upon the retired member's death, the retirement benefit must be paid to the member's surviving spouse, if there is one.
(3) (a) If upon the retired member's death there is no surviving spouse or if the spouse dies, the retirement benefit must be paid as provided in subsection (3)(c) to the retired member's child, if there is one, for as long as the child remains a dependent child.
(b) If there is more than one dependent child, the retirement benefit must be paid as provided in subsection (3)(c) to the children collectively. When a child is no longer a dependent child, the pro rata payments to that child must cease and be made to the remaining child or children until all the children are no longer dependent.
(c) Payments to a dependent child must be made pursuant to 19-2-803.
(4) If a retired member dies without a surviving spouse or dependent child, the member's designated beneficiary must be paid the amount, if any, of the retired member's accumulated contributions minus the total of any retirement benefits already paid from the member's account.
History: En. Sec. 7, Ch. 278, L. 1985; amd. Sec. 1, Ch. 63, L. 1989; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 124, Ch. 265, L. 1993; amd. Sec. 48, Ch. 562, L. 1999; amd. Sec. 57, Ch. 99, L. 2001; amd. Sec. 44, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 5. Service Retirement Benefits › 19-6-506. Repealed

19-6-506. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 627, L. 1989; amd. Sec. 18, Ch. 16, L. 1991; amd. Secs. 1, 3, Ch. 735, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 6. Disability Retirement Benefits › 19-6-601. Disability retirement benefit

19-6-601. Disability retirement benefit.
(1) Except as provided in subsections (2) and (3), a vested member who becomes disabled must be granted a disability retirement benefit that is the actuarial equivalent of the service retirement benefit under 19-6-502 standing to the member's credit at the time of the member's disability retirement.
(2) Except as provided in subsections (1) and (3), a vested or nonvested member who becomes disabled as a direct result of the member's service in the line of duty:
(a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's highest average compensation; or
(b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.6% of the member's highest average compensation for each year of service credit.
(3) 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 19-6-505.
History: En. Sec. 14, Ch. 37, L. 1945; amd. Sec. 1, Ch. 109, L. 1947; R.C.M. 1947, 31-214; amd. Sec. 7, Ch. 114, L. 1979; amd. Sec. 9, Ch. 278, L. 1985; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 125, Ch. 265, L. 1993; amd. Sec. 58, Ch. 99, L. 2001; amd. Sec. 64, Ch. 429, L. 2003; amd. Sec. 21, Ch. 178, L. 2013; amd. Sec. 8, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 6. Disability Retirement Benefits › 19-6-602. Repealed

19-6-602. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 22, Ch. 37, L. 1945; amd. Sec. 1, Ch. 107, L. 1967; amd. Sec. 10, Ch. 326, L. 1974; amd. Sec. 7, Ch. 65, L. 1977; R.C.M. 1947, 31-222; amd. Sec. 7, Ch. 114, L. 1979; amd. Sec. 10, Ch. 278, L. 1985; amd. Sec. 8, Ch. 196, L. 1989.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 6. Disability Retirement Benefits › 19-6-611. Repealed

19-6-611. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 3, Ch. 597, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-701. Repealed

19-6-701. Repealed.
Sec. 14, Ch. 278, L. 1985.
History: En. 31-228 by Sec. 14, Ch. 243, L. 1955; amd. Sec. 13, Ch. 326, L. 1974; amd. Sec. 9, Ch. 65, L. 1977; R.C.M. 1947, 31-228.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-702. Repealed

19-6-702. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 20, Ch. 37, L. 1945; amd. Sec. 3, Ch. 332, L. 1977; R.C.M. 1947, 31-220(part).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-703. Repealed

19-6-703. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 25, Ch. 37, L. 1945; R.C.M. 1947, 31-225; amd. Sec. 7, Ch. 114, L. 1979.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-704. Repealed

19-6-704. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 24, Ch. 37, L. 1945; amd. Sec. 12, Ch. 326, L. 1974; R.C.M. 1947, 31-224(1)(b); amd. Sec. 7, Ch. 114, L. 1979.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-705. Repealed

19-6-705. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 21, Ch. 37, L. 1945; amd. Sec. 3, Ch. 214, L. 1977; R.C.M. 1947, 31-221; amd. Sec. 11, Ch. 464, L. 1985; amd. Sec. 9, Ch. 823, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-706. Repealed

19-6-706. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 31-221.1 by Sec. 4, Ch. 214, L. 1977; R.C.M. 1947, 31-221.1.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-707. Minimum monthly benefit

19-6-707. Minimum monthly benefit.
(1) Subject to the limitations contained in subsection (2), the following retired members, or their survivors, who are not covered by 19-6-710, 19-6-711, or 19-6-712 are eligible to receive a monthly benefit of not less than 2% multiplied by the member's service credits multiplied by the current base compensation received by a probationary highway patrol officer:
(a) a retired member who is 55 years of age or older, except as provided in subsection (3), or the member's survivor, who is receiving a service retirement benefit;
(b) a retired member, or the member's survivor, who is receiving a disability retirement benefit; and
(c) a recipient of a survivorship benefit.
(2) (a) The maximum monthly benefit paid under subsection (1) may not exceed 60% of the current base compensation of a probationary highway patrol officer.
(b) The annual increase in a monthly benefit under subsection (1) may not exceed 5% of the current monthly benefit paid to a retired member or the member's survivor.
(3) A retired member otherwise qualified under subsection (1)(a) who is employed in a position covered by a retirement system under Title 19 is ineligible to receive the minimum monthly benefit provided for in this section until the member's service in the covered position is terminated.
History: En. Sec. 1, Ch. 294, L. 1985; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 130, Ch. 265, L. 1993; amd. Sec. 20, Ch. 287, L. 1997; amd. Sec. 17, Ch. 128, L. 2007; amd. Sec. 9, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-708. Repealed

19-6-708. 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 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-709. Supplemental benefits for certain retirees

19-6-709. (Temporary) Supplemental benefits for certain retirees.
(1) In addition to any retirement benefit payable under this chapter, a retired member or a survivor determined by the board to be eligible under subsection (2) must receive an annual lump-sum benefit payment beginning in September 1991 and each succeeding year as long as the member remains eligible.
(2) To be eligible for the benefits under this section, a person must be receiving a monthly benefit before July 1, 1991, may not be covered by 19-6-710, and must be:
(a) a retired member who is 55 years of age or older and who has been receiving a service retirement benefit for at least 5 years prior to the date of distribution;
(b) a survivor of a member who would have been eligible under subsection (2)(a); or
(c) a recipient of a disability benefit under 19-6-601 or a survivorship benefit under 19-6-901.
(3) A retired member otherwise qualified under this section who is employed in a position covered by a retirement system under Title 19 is ineligible to receive any lump-sum benefit payments provided for in this section until the fiscal year following the member's termination from service in the covered position.
(4) The amount statutorily appropriated under 19-6-410 must be distributed proportionally as a lump-sum benefit payment to each eligible recipient based on service credit at the time of retirement, subject to the following:
(a) a recipient under subsection (2)(c) is considered to have 20 years of service credit for the purposes of the distributions;
(b) any recipient of a retirement benefit exceeding the maximum monthly benefit under 19-6-707(2)(a) must have the recipient's service credit reduced 25% for the purposes of the distributions;
(c) the maximum annual increase in the amount of supplemental benefits paid to each individual under this section is the percentage increase for the previous calendar year in the annual average consumer price index for urban wage earners and workers, compiled by the bureau of labor statistics of the United States department of labor or its successor agency. (Terminates contingent upon death of last eligible recipient--sec. 1, Ch. 567, L. 1991; sec. 14, Ch. 464, L. 2005.)
History: En. Sec. 1, Ch. 567, L. 1991; amd. Sec. 3, Ch. 735, L. 1991; amd. Sec. 131, Ch. 265, L. 1993; amd. Sec. 21, Ch. 287, L. 1997; amd. Sec. 21, Ch. 532, L. 1997; amd. Sec. 50, Ch. 562, L. 1999; amd. Sec. 60, Ch. 99, L. 2001; amd. Sec. 4, Ch. 191, L. 2001; amd. Sec. 108, Ch. 574, L. 2001; amd. Sec. 65, Ch. 429, L. 2003; amd. Sec. 45, Ch. 329, L. 2005; amd. Sec. 6, Ch. 464, L. 2005; amd. Sec. 19, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-710. Guaranteed annual benefit adjustment

19-6-710. Guaranteed annual benefit adjustment.
(1) Subject to subsection (2), for members hired before July 1, 2013, 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 19-6-1007(3) and subsections (2)(b) and (4) of this section, 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) If a member participated in the DROP and did not continue employment in a covered position after the member's participation, the guaranteed annual benefit adjustment provided for in this section must commence on January 1 immediately following the member's retirement and does not apply to the member's DROP benefit.
(5) The board shall adopt rules to administer the provisions of this section.
History: En. Sec. 3, Ch. 287, L. 1997; amd. Sec. 51, Ch. 562, L. 1999; amd. Sec. 3, Ch. 62, L. 2001; amd. Sec. 8, Ch. 149, L. 2001; amd. Sec. 3, Ch. 309, L. 2001; amd. Sec. 10, Ch. 272, L. 2013; amd. Sec. 9, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-711. Election -- guaranteed annual benefit adjustment

19-6-711. Election -- guaranteed annual benefit adjustment.
(1) Subject to subsection (2), for members hired before July 1, 2013, 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 19-6-710 remains valid. The decision of a member who elected not to participate under 19-6-710 may be reversed under this section.
History: En. Sec. 9, Ch. 149, L. 2001; amd. Sec. 53, Ch. 114, L. 2003; amd. Sec. 11, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 7. Postretirement Benefits and Benefit Increases › 19-6-712. Guaranteed annual benefit adjustment for employees hired after July 1, 2013

19-6-712. Guaranteed annual benefit adjustment for employees hired after July 1, 2013.
(1) Subject to subsection (2), for employees hired on or after July 1, 2013, 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 1.5%.
(2) (a) If the 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 1.5% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 1.5% 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 adjustments amount to more than a 1.5% annualized increase, then the benefit increase provided for under this section must be 0%.
(3) Except as provided for 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 36 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member first became an active member on or after July 1, 2013.
(4) The board shall adopt rules to administer the provisions of this section.
History: En. Sec. 1, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 8. Service Credit › 19-6-802. Repealed

19-6-802. Repealed.
Sec. 120, Ch. 429, L. 2003.
History: En. Sec. 2, Ch. 145, L. 1981; amd. Sec. 2, Ch. 331, L. 1983; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 119, Ch. 265, L. 1993; Sec. 19-6-305, MCA 1991; redes. 19-6-802 by Code Commissioner, 1993; amd. Sec. 16, Ch. 412, L. 1995; amd. Sec. 53, Ch. 51, L. 1999; amd. Sec. 53, Ch. 562, L. 1999; amd. Sec. 62, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 8. Service Credit › 19-6-803. Application to purchase law enforcement service performed in another state

19-6-803. Application to purchase law enforcement service performed in another state.
(1) (a) Subject to subsection (1)(b) and 19-6-805, a member may, at any time before retirement, file a written application with the board to purchase 1 year of out-of-state law enforcement employment for each year of service credit, unless the member is eligible to receive a retirement benefit in another system or plan for that same service.
(b) A member must have at least the following years of membership service to apply to purchase service credit under this section:
(i) for a member hired before July 1, 2013, 5 years; and
(ii) for a member hired on or after July 1, 2013, 10 years.
(2) To purchase this service credit, a member shall pay the actuarial cost of the service credit in the retirement system, as determined by the board, based on:
(a) the member's compensation for the 12 months immediately preceding the date of the member's election to purchase the service credit under the retirement system; and
(b) the actuarial rate in effect at the time of purchase of service credit.
(3) Service credit purchased under this section may not be used to qualify a member to purchase military service credit under 19-6-801.
(4) Service credit purchased under this section may not be used in calculating a member's retirement benefit unless the last 5 years of service credit were earned under the retirement system. If, upon retirement, a member's purchased service credit may not be used in calculating the member's retirement benefit, the member must receive a refund of the amount paid by the member to purchase the service credit, plus regular interest on that amount.
History: En. Sec. 1, Ch. 142, L. 1991; amd. Sec. 120, Ch. 265, L. 1993; Sec. 19-6-306, MCA 1991; redes. 19-6-803 by Code Commissioner, 1993; amd. Sec. 29, Ch. 58, L. 1999; amd. Sec. 54, Ch. 562, L. 1999; amd. Sec. 63, Ch. 99, L. 2001; amd. Sec. 67, Ch. 429, L. 2003; amd. Sec. 13, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 8. Service Credit › 19-6-804. Application to purchase additional service

19-6-804. Application to purchase additional service.
(1) (a) Subject to subsection (1)(b) and 19-6-805, a member may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service that the member has in the retirement system.
(b) A member must have at least the following years of membership service to apply to purchase additional service credit under this section:
(i) for a member hired before July 1, 2013, 5 years; and
(ii) for a member hired on or after July 1, 2013, 10 years.
(2) To purchase service credit under this section, a member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation as determined by the board.
(3) Service credit purchased under this section is not membership service and may not be used to qualify a member for retirement or in the calculation of an actuarial reduction in benefits for a member who is not eligible for service retirement.
History: En. Sec. 2, Ch. 180, L. 1995; amd. Sec. 30, Ch. 58, L. 1999; amd. Sec. 64, Ch. 99, L. 2001; amd. Sec. 68, Ch. 429, L. 2003; amd. Sec. 14, Ch. 272, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 8. Service Credit › 19-6-805. Service purchase limitation

19-6-805. Service purchase limitation.
A member may not purchase more than a combined total of 5 years of service credit under 19-6-801, 19-6-803, and 19-6-804.
History: En. Sec. 65, Ch. 99, L. 2001; amd. Sec. 69, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 8. Service Credit › 19-6-810. Absence because of illness or injury

19-6-810. Absence because of illness or injury.
(1) Time, not to exceed 5 years, during which a member is absent from service because of injury or illness is considered membership service if, within 1 year after the end of the absence, the injury or illness is determined by the board to have arisen out of and in the course of the member's employment. However, the member may not purchase service credit for this period unless the member complies with subsections (2) through (4), in which case the absence is considered as time spent in service for both service credit and membership service.
(2) After returning to service and while still in service, a member desiring service credit for the period of time referred to in subsection (1) shall file with the board a written application to pay the contributions under subsection (3).
(3) (a) A member eligible to purchase service credit pursuant to subsection (1) shall contribute to the retirement system an amount equal to the contributions that would have been made by the member to the system during the member's period of absence on the basis of the member's compensation immediately prior to the commencement of the member's absence plus regular interest accruing from 1 year from the date after the member returns to service to the date the member contributes for the period of absence.
(b) If a member elects to contribute under subsection (3)(a), the employer shall contribute employer contributions for the period of absence based on the salary as calculated in subsection (3)(a) and shall pay interest on the employer's contribution calculated in the same manner as interest on the employee's contribution under subsection (3)(a). An employer electing to make an interest payment shall do so for all employees similarly situated. If the employer elects not to pay the interest costs, this amount must be paid by the employee.
(4) A member loses the right to contribute for an absence under this section if all of the member's accumulated contributions have been refunded pursuant to 19-2-602. The member loses the right to contribute for the period of time during which retirement benefits have been received if the member retires during the absence.
History: En. Sec. 55, Ch. 562, L. 1999; amd. Sec. 66, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 9. Survivorship Benefits and Death Payments › 19-6-901. Survivorship benefits -- employment-related death

19-6-901. Survivorship benefits -- employment-related death.
(1) If the board finds that a member died as a direct and proximate result of injury received in the course of the member's service, a survivorship benefit must be paid to the member's surviving spouse or dependent child in the same manner as provided for in 19-6-505(2) through (4).
(2) The retirement benefit must equal 50% of the highest average compensation of the member.
History: En. Sec. 18, Ch. 37, L. 1945; amd. Sec. 11, Ch. 243, L. 1955; R.C.M. 1947, 31-218; amd. Sec. 7, Ch. 114, L. 1979; amd. Sec. 11, Ch. 278, L. 1985; amd. Sec. 127, Ch. 265, L. 1993; Sec. 19-6-603, MCA 1991; redes. 19-6-901 by Code Commissioner, 1993; amd. Sec. 67, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 9. Survivorship Benefits and Death Payments › 19-6-902. Survivorship benefits -- death from other causes

19-6-902. Survivorship benefits -- death from other causes.
If an active or inactive member dies before reaching retirement age, the member's surviving spouse or dependent child must be paid a survivorship benefit that is the actuarial equivalent of the early retirement benefit provided in 19-6-503, in the same manner as provided for in 19-6-505(2) through (4).
History: En. Sec. 19, Ch. 37, L. 1945; amd. Sec. 12, Ch. 243, L. 1955; R.C.M. 1947, 31-219; amd. Sec. 12, Ch. 278, L. 1985; amd. Sec. 128, Ch. 265, L. 1993; Sec. 19-6-604, MCA 1991; redes. 19-6-902 by Code Commissioner, 1993; amd. Sec. 68, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 9. Survivorship Benefits and Death Payments › 19-6-903. Death payments in absence of survivors

19-6-903. Death payments in absence of survivors.
If, after a member's death, a benefit is not paid pursuant to 19-6-505, 19-6-601, 19-6-901, or 19-6-902, then the member's designated beneficiary must be paid an amount equal to the member's accumulated contributions minus the total of any benefits already paid from the member's account.
History: En. Sec. 129, Ch. 265, L. 1993; amd. Sec. 69, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1001. Short title

19-6-1001. Short title.
This part may be cited as the "deferred retirement option plan" or "DROP".
History: En. Sec. 1, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1002. Definitions

19-6-1002. 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, 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 subject to the provisions of 19-6-1004.
(5) "Monthly DROP accrual" means the amount credited monthly to a participant's DROP account under 19-6-1005.
(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. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1003. Deferred retirement option plan established -- rulemaking

19-6-1003. Deferred retirement option plan established -- 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. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1004. Eligibility -- participation criteria -- membership status -- service interruptions

19-6-1004. Eligibility -- participation criteria -- membership status -- service interruptions.
(1) Any member eligible to retire under 19-6-501 is eligible for 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 in the DROP remains a member of the retirement system but may not receive membership service or service credit in the system for the duration of the participant's DROP period.
(5) If participation is interrupted by military service or disability before the participant retires, then the duration of the absence may not be included in calculating the DROP period.
History: En. Sec. 4, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1005. Retirement system contributions -- benefit payments to individual DROP accounts -- investment returns

19-6-1005. Retirement system contributions -- benefit payments to individual DROP accounts -- investment returns.
(1) (a) During a participant's DROP period, state contributions under 19-6-410 and employer contributions under 19-6-404 must continue to be made to the retirement system.
(b) Member contributions under 19-6-402 must be made to the member's DROP account.
(2) Each month during the DROP period, in addition to the contributions credited under subsection (1)(b), a participant's DROP account must be credited with the monthly benefit that would have been payable to the participant had the participant terminated employment and retired at the commencement of the DROP period, excluding any postretirement benefit adjustments that would have been applied to the benefit under part 7 of this chapter.
(3) Each fiscal yearend a participant's DROP account must be credited with the interest earned that year based on the actuarially assumed rate of return. Proportionate interest must be credited for distributions taking place at other than a fiscal yearend.
History: En. Sec. 5, Ch. 258, L. 2015; amd. Sec. 18, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1006. Survivorship benefit

19-6-1006. Survivorship benefit.
(1) If a participant dies prior to the receipt of the DROP benefit pursuant to 19-6-1008, 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 participant's death and the benefit the surviving spouse or dependent child would have received under 19-6-505 had the participant 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 participant's death and the participant's accumulated contributions minus any benefits paid from the participant's account, including monthly DROP accruals.
(3) The benefit paid pursuant to this section must include interest credited to the participant's account every fiscal yearend at the actuarially assumed rate of return. Proportionate interest must be credited for distributions taking place at a time other than a fiscal yearend.
History: En. Sec. 6, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1007. Employment and benefits after DROP period

19-6-1007. 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 19-6-410, employer contributions under 19-6-404, and member contributions under 19-6-402 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 is:
(a) immediately vested for benefits accrued subsequent to the end of the DROP period; and
(b) upon terminating service, entitled to:
(i) the member's service retirement benefit earned prior to the DROP period, including any postretirement benefit adjustment on that benefit for which the member is eligible under this chapter, subject to subsection (3);
(ii) a service retirement benefit based on the member's service credit and highest average compensation during membership subsequent to the end of the DROP period, including any postretirement benefit adjustment on that benefit for which the member is eligible under part 7 of this chapter, subject to subsection (3); and
(iii) the member's DROP benefit.
(3) The postretirement benefit adjustment applied pursuant to subsections (2)(b)(i) and (2)(b)(ii) must commence on January 1 immediately following the member's retirement and does not apply to the member's DROP benefit.
History: En. Sec. 7, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 10. Deferred Retirement Option Plan (DROP) › 19-6-1008. Distribution of DROP benefit

19-6-1008. 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.
History: En. Sec. 8, Ch. 258, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 11. Reemployment of Retired Members › 19-6-1101. Reemployment of retired members -- contributions required

19-6-1101. Reemployment of retired members -- contributions required.
(1) A retired member who returns to employment covered by the retirement system for 480 hours or more in a calendar year must become an active member of the system. Upon reinstatement as an active member, benefit payments must cease until subsequent retirement.
(2) A retired member who returns to employment covered by the retirement system for less than 480 hours in a calendar year may not become an active member. The retirement benefit of the retired member in covered employment must be reduced by $1 for each $3 earned in excess of $5,000 in a calendar year.
(3) Retired members who return to active service pursuant to subsection (1) are subject to the employee and employer contributions set forth in 19-6-402 and 19-6-404.
(4) The employer of a retired member who returns to covered employment pursuant to subsection (2) shall contribute the amounts specified in 19-6-404.
History: En. Sec. 19, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 6. Highway Patrol Officers' Retirement › Part 11. Reemployment of Retired Members › 19-6-1102. Refunds and benefits for reemployed retired members

19-6-1102. Refunds and benefits for reemployed retired members.
(1) A retired member who returns to active service pursuant to 19-6-1101(1) 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 return 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 19-6-1101(1) 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 19-6-502 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 benefit increase pursuant to 19-6-707 when, immediately following the member's termination of service or retirement, a minimum monthly benefit increase is granted to all eligible covered retirees; or
(ii) a guaranteed annual benefit adjustment in January pursuant to 19-6-710, 19-6-711, or 19-6-712;
(b) for benefits under subsection (2)(b), an eligible member is entitled to a guaranteed annual benefit adjustment under 19-6-712 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 19-6-1101(1):
(a) is not eligible for a disability retirement; and
(b) may not accrue the postretirement benefit adjustments provided for in part 7 of this chapter during the member's term of reemployment.
History: En. Sec. 20, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 1. General Provisions › 19-7-102. Sheriffs' retirement system established

19-7-102. Sheriffs' retirement system established.
A retirement plan is established and known as the sheriffs' retirement system. The plan is governed by the provisions of chapter 2 and this chapter.
History: En. 68-2601 by Sec. 1, Ch. 178, L. 1974; R.C.M. 1947, 68-2601; amd. Sec. 6, Ch. 261, L. 1993; amd. Sec. 133, Ch. 265, L. 1993; amd. Sec. 56, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 1. General Provisions › 19-7-104. Repealed

19-7-104. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2623 by Sec. 23, Ch. 178, L. 1974; R.C.M. 1947, 68-2623(1), (3).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 1. General Provisions › 19-7-106. Sheriffs' retirement system benefit policy statement

19-7-106. Sheriffs' retirement system benefit policy statement.
It is the policy of the state that additional benefits may not be added to the sheriffs' retirement system unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
History: En. Sec. 4, Ch. 2, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 2. Administration (Repealed and Terminated) › 19-7-201. Repealed

19-7-201. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2604 by Sec. 4, Ch. 178, L. 1974; amd. Sec. 2, Ch. 59, L. 1977; amd. Sec. 18, Ch. 332, L. 1977; R.C.M. 1947, 68-2604(1).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 2. Administration (Repealed and Terminated) › 19-7-202. Repealed

19-7-202. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. 68-2609 by Sec. 9, Ch. 178, L. 1974; R.C.M. 1947, 68-2609(part); amd. Sec. 3, Ch. 235, L. 1981; amd. Sec. 15, Ch. 79, L. 1983; amd. Sec. 10, Ch. 282, L. 1983.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 7. Sheriffs' Retirement › Part 2. Administration (Repealed and Terminated) › 19-7-203. Terminated

19-7-203. Terminated.
Sec. 7, Ch. 328, L. 1987.
History: En. Sec. 3, Ch. 328, L. 1987.