reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-312. Repealed

2-18-312. Repealed.
Sec. 23, Ch. 81, L. 2007.
History: En. 59-918 by Sec. 4, Ch. 563, L. 1977; R.C.M. 1947, 59-918; amd. Sec. 8, Ch. 678, L. 1979; amd. Sec. 5, Ch. 421, L. 1981 (Executive Order No. 7-81); amd. Sec. 2, Ch. 710, L. 1983; amd. Sec. 4, Ch. 740, L. 1985; rep. Sec. 12, Ch. 6, Sp. L. June 1986; re-en. Sec. 11, Ch. 6, Sp. L. June 1986; amd. Sec. 6, Ch. 661, L. 1987; amd. Sec. 6, Ch. 660, L. 1989; amd. Sec. 6, Ch. 720, L. 1991; amd. Sec. 4, Ch. 640, L. 1993; amd. Sec. 8, Ch. 455, L. 1995; amd. Sec. 7, Ch. 417, L. 1997; amd. Sec. 5, Ch. 558, L. 1999; amd. Sec. 3, Ch. 553, L. 2001; amd. Sec. 3, Ch. 552, L. 2003; amd. Sec. 4, Ch. 6, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-313. Repealed

2-18-313. Repealed.
Sec. 7, Ch. 6, L. 2005.
History: En. Sec. 9, Ch. 678, L. 1979; amd. Sec. 5, Ch. 421, L. 1981 (Executive Order No. 7-81); amd. Sec. 3, Ch. 710, L. 1983; amd. Sec. 5, Ch. 740, L. 1985; amd. Sec. 2, Ch. 621, L. 1987; amd. Sec. 7, Ch. 660, L. 1989; amd. Sec. 7, Ch. 720, L. 1991; amd. Sec. 5, Ch. 640, L. 1993; amd. Sec. 9, Ch. 455, L. 1995; amd. Sec. 8, Ch. 417, L. 1997; amd. Sec. 6, Ch. 558, L. 1999; amd. Sec. 4, Ch. 553, L. 2001; amd. Sec. 4, Ch. 552, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-314. Repealed

2-18-314. Repealed.
Sec. 315, Ch. 42, L. 1997; sec. 18, Ch. 417, L. 1997.
History: En. Sec. 10, Ch. 678, L. 1979; amd. Sec. 5, Ch. 421, L. 1981 (Executive Order No. 7-81); amd. Sec. 4, Ch. 710, L. 1983; amd. Sec. 6, Ch. 740, L. 1985; amd. Sec. 8, Ch. 661, L. 1987; amd. Sec. 8, Ch. 660, L. 1989; amd. Sec. 8, Ch. 720, L. 1991; amd. Sec. 6, Ch. 640, L. 1993; amd. Sec. 10, Ch. 455, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-315. Repealed

2-18-315. Repealed.
Sec. 7, Ch. 6, L. 2005.
History: En. Sec. 11, Ch. 678, L. 1979; amd. Sec. 5, Ch. 421, L. 1981 (Executive Order No. 7-81); amd. Sec. 5, Ch. 710, L. 1983; amd. Sec. 7, Ch. 740, L. 1985; amd. Sec. 9, Ch. 661, L. 1987; amd. Sec. 9, Ch. 660, L. 1989; amd. Sec. 9, Ch. 720, L. 1991; amd. Sec. 7, Ch. 640, L. 1993; amd. Sec. 11, Ch. 455, L. 1995; amd. Sec. 9, Ch. 417, L. 1997; amd. Sec. 7, Ch. 558, L. 1999; amd. Sec. 5, Ch. 553, L. 2001; amd. Sec. 5, Ch. 552, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-401. Central payroll system -- department to provide for inclusion of agencies

2-18-401. Central payroll system -- department to provide for inclusion of agencies.
The department of administration shall install and operate a uniform state central payroll system for all state agencies, including units of the Montana university system. The department may provide for the orderly inclusion of state agencies into the system and may make exceptions from the operation of the system for periods that it determines necessary. The department shall adopt rules to implement the state central payroll system.
History: En. Sec. 1, Ch. 95, L. 1969; amd. Sec. 1, Ch. 51, L. 1977; R.C.M. 1947, 25-507.1(part); amd. Sec. 1, Ch. 592, L. 1989; amd. Sec. 1, Ch. 188, L. 1993; amd. Sec. 2, Ch. 84, L. 1995; amd. Sec. 2, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-402. Payroll custodial fund -- department to determine disbursements and transfers

2-18-402. Payroll custodial fund -- department to determine disbursements and transfers.
(1) A fund in the custodial fund type of the state treasury is created, to be known as the state payroll custodial fund. The fund may be utilized for the payment of compensation to officers and employees of the state and all amounts withheld from compensation, pursuant to law.
(2) The amount to be disbursed from the state payroll custodial fund at any time must be determined by the department of administration and, on order of the department, must be transferred from the fund, account, and appropriation properly chargeable to the state payroll custodial fund.
History: En. Sec. 8, Ch. 95, L. 1969; R.C.M. 1947, 25-507.8; amd. Sec. 2, Ch. 281, L. 1983; amd. Sec. 2, Ch. 188, L. 1993; amd. Sec. 2, Ch. 185, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-403. Service charges

2-18-403. Service charges.
The department of administration may provide for a system of charges for services rendered by the state central payroll system to any department or agency of the state. Funds collected under this section must be deposited to the credit of an internal services fund account and expended for the purpose of paying the expenses incurred by the state central payroll system.
History: En. Sec. 10, Ch. 95, L. 1969; R.C.M. 1947, 25-507.10; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 3, Ch. 188, L. 1993; amd. Sec. 3, Ch. 84, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-404. Payroll roster -- changes certified by appointing powers

2-18-404. Payroll roster -- changes certified by appointing powers.
(1) The department of administration shall establish and maintain a payroll roster of all persons employed by every state agency and may establish and maintain a roster of all established positions. The payroll roster must include exempt employees and may include emergency appointees or the equivalent.
(2) Each appointing power shall correctly and promptly certify to the department all changes, modifications, additions, and deletions to the payroll roster in compliance with all applicable merit service, fiscal, and other pertinent laws and rules.
(3) The state central payroll system must disburse or otherwise act in reliance upon all payroll roster certifications and attendance reports certified to the department by the respective appointing powers.
History: En. Secs. 4, 5, Ch. 95, L. 1969; R.C.M. 1947, 25-507.4, 25-507.5; amd. Sec. 3, Ch. 239, L. 1989; amd. Sec. 4, Ch. 188, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-405. Payroll based on actual, end-of-period figures -- pay date -- change of payroll periods

2-18-405. Payroll based on actual, end-of-period figures -- pay date -- change of payroll periods.
(1) All state payroll systems must be based upon actual payroll figures submitted after the end of the payroll period and may not be based upon estimated payroll.
(2) All state payroll systems must provide for the fixing of payroll periods and designated days on which salaried employees are paid for the preceding payroll period. The pay date must be uniform for all employees of each state agency employed in the same geographic area, and payroll warrants must be distributed or mailed and electronic funds transfers initiated within 10 business days following the close of the payroll period.
(3) The payroll period of employees of a state agency may not be changed by inclusion of the agency into the state payroll system or by any revision or modification of the system unless notice of the proposed change has been given to each employee who will be affected by the change in the form and manner prescribed by the department of administration not less than 60 days prior to the effective date of the change.
History: (1), (2)En. Secs. 1, 2, Ch. 95, L. 1969; amd. Secs. 1, 2, Ch. 51, L. 1977; Secs. 25-507.1, 25-507.2, R.C.M. 1947; (3)En. Sec. 3, Ch. 95, L. 1969; Sec. 25-507.3, R.C.M. 1947; R.C.M. 1947, 25-507.1(part), 25-507.2, 25-507.3; amd. Sec. 29, Ch. 184, L. 1979; amd. Sec. 2, Ch. 101, L. 1989; amd. Sec. 5, Ch. 188, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-411. Lost warrants -- replacement

2-18-411. Lost warrants -- replacement.
(1) Upon receipt of proof satisfactory to the treasurer that a payroll warrant issued by the state treasurer has been lost or destroyed prior to its delivery to the employee to whom it is payable, the state treasurer shall, upon certification by the payee's appointing power, issue a replacement warrant in payment of the same amount without requiring a bond from the payee. Any loss incurred in connection with the warrant must be charged against the account from which the payment was derived.
(2) A payroll warrant is considered to have been lost if it has been sent to the payee but not received by the payee within a reasonable time, consistent with the policy of prompt payment of employees, or if it has been sent to a state officer or employee for delivery to the payee or for forwarding to another state officer or employee for delivery and has not been received within a reasonable time.
History: En. Sec. 6, Ch. 95, L. 1969; R.C.M. 1947, 25-507.6; amd. Sec. 1, Ch. 325, L. 1995; amd. Sec. 1, Ch. 46, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 4. Payroll Systems › 2-18-412. Designation of person to receive decedent's warrants -- reissuance

2-18-412. Designation of person to receive decedent's warrants -- reissuance.
A person employed by the state may file with the person's appointing power a designation of a person who, notwithstanding any other provision of law, shall, on the death of the employee, be entitled to receive all warrants that would have been payable to the decedent had the employee survived. The employee may change the designation from time to time. A person designated shall claim the warrants from the state treasurer and on sufficient proof of identity, the treasurer shall reissue the warrant in the name of the designated person and deliver the warrant to the designated person.
History: En. Sec. 7, Ch. 95, L. 1969; R.C.M. 1947, 25-507.7; amd. Sec. 2, Ch. 325, L. 1995; amd. Sec. 1, Ch. 167, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 5. Travel, Meals, and Lodging › 2-18-502. Computation of meal allowance

2-18-502. Computation of meal allowance.
(1) Except as provided in subsections (2) and (4), an employee is eligible for the meal allowance provided in 2-18-501, only if the employee is in a travel status for more than 3 continuous hours during the following hours:
(a) for the morning meal allowance, between the hours of 12:01 a.m. and 10 a.m.;
(b) for the midday meal allowance, between the hours of 10:01 a.m. and 3 p.m.; and
(c) for the evening meal allowance, between the hours of 3:01 p.m. and 12 midnight.
(2) An eligible employee may receive:
(a) only one of the three meal allowances provided, if the travel was performed within the employee's assigned travel shift; or
(b) a maximum of two meal allowances if the travel begins before or was completed after the employee's assigned travel shift and the travel did not exceed 24 hours.
(3) "Travel shift" is that period of time beginning 1 hour before and terminating 1 hour after the employee's normally assigned work shift.
(4) An appointed member of a state board, commission, or council or a member of a legislative subcommittee or select or interim committee is entitled to a midday meal allowance on a day the individual is attending a meeting of the board, commission, council, or committee, regardless of proximity of the meeting place to the individual's residence or headquarters. This subsection does not apply to a member of a legislative committee during a legislative session.
(5) The department of administration shall prescribe policies necessary to effectively administer this section for state government.
History: En. Sec. 3, Ch. 66, L. 1955; amd. Sec. 4, Ch. 495, L. 1973; amd. Sec. 1, Ch. 213, L. 1974; amd. Sec. 2, Ch. 439, L. 1975; amd. Sec. 2, Ch. 483, L. 1977; R.C.M. 1947, 59-539; amd. Sec. 1, Ch. 123, L. 1983; amd. Sec. 2, Ch. 439, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 5. Travel, Meals, and Lodging › 2-18-504. Mileage computed by shortest traveled route

2-18-504. Mileage computed by shortest traveled route.
Wherever mileage is allowed to any sheriff or other officer, juror, witness, or other person under any law of Montana, the same shall be computed according to the shortest traveled route, when such shortest route is passable.
History: En. Sec. 1, Ch. 7, L. 1919; re-en. Sec. 4901, R.C.M. 1921; re-en. Sec. 4901, R.C.M. 1935; R.C.M. 1947, 25-217.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 5. Travel, Meals, and Lodging › 2-18-511. Claim for expenses

2-18-511. Claim for expenses.
Every such person so engaged shall periodically submit a claim containing a schedule of expenses and amounts claimed for said period. Said schedule shall show in what capacity such person was engaged each day while away from the department in which said daily duties arose and shall show expense items of each day in detail, such as the amount of per diem allowance claimed, transportation fare, mileage, and other such items.
History: En. Sec. 4, Ch. 66, L. 1955; amd. Sec. 26, Ch. 97, L. 1961; R.C.M. 1947, 59-540.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 5. Travel, Meals, and Lodging › 2-18-512. Prohibition on travel expenses for conventions -- exception

2-18-512. Prohibition on travel expenses for conventions -- exception.
A state officer or employee of the state may not receive payment from any public funds for traveling expenses or other expenses for attendance at any convention, meeting, or other gathering of public officers except for attendance at a convention, meeting, or other gatherings that the officer or employee may by virtue of the office or employment find it necessary to attend.
History: En. Sec. 1, Ch. 241, L. 1921; re-en. Sec. 443, R.C.M. 1921; amd. Sec. 1, Ch. 124, L. 1923; amd. Sec. 1, Ch. 48, L. 1927; amd. Sec. 1, Ch. 86, L. 1931; amd. Sec. 1, Ch. 130, L. 1933; re-en. Sec. 443, R.C.M. 1935; amd. Sec. 1, Ch. 119, L. 1943; amd. Sec. 1, Ch. 58, L. 1949; amd. Sec. 1, Ch. 184, L. 1957; amd. Sec. 11, Ch. 80, L. 1961; amd. Sec. 1, Ch. 85, L. 1963; amd. Sec. 1, Ch. 79, L. 1965; amd. Sec. 1, Ch. 66, L. 1967; amd. Sec. 1, Ch. 174, L. 1967; amd. Sec. 1, Ch. 182, L. 1973; R.C.M. 1947, 25-508(part); amd. Sec. 122, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-602. Repealed

2-18-602. Repealed.
Sec. 12, Ch. 568, L. 1979.
History: En. Sec. 1134, Pol. C. 1895; re-en. Sec. 436, Rev. C. 1907; re-en. Sec. 453, R.C.M. 1921; Cal. Pol C. Sec. 1030; amd. Sec. 1, Ch. 5, L. 1931; re-en. Sec. 453, R.C.M. 1935; amd. Sec. 1, Ch. 22, L. 1951; amd. Sec. 1, Ch. 253, L. 1957; amd. Sec. 1, Ch. 2, L. 1961; R.C.M. 1947, 59-510(1)(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-603. Holidays -- observance when falling on employee's day off -- floating holiday

2-18-603. Holidays -- observance when falling on employee's day off -- floating holiday.
(1) (a) A full-time employee who is scheduled for a day off on a day that is observed as a legal holiday, except Sundays, is entitled to receive a day off with pay either on the day preceding the holiday or on another day following the holiday in the same pay period or as scheduled by the employee and the employee's supervisor, whichever allows a day off in addition to the employee's regularly scheduled days off, provided the employee is in a pay status on the employee's last regularly scheduled working day immediately before the holiday or on the employee's first regularly scheduled working day immediately after the holiday.
(b) Part-time employees receive pay for the holiday on a prorated basis according to rules adopted by the department of administration or appropriate administrative officer under 2-18-604.
(c) A short-term worker or student intern may not receive holiday pay.
(2) For purposes of this section, the term "employee" does not include nonteaching school district employees.
(3) According to policies adopted by the department of administration:
(a) each full-time employee of an agency specified in 2-18-101(1) is entitled to one floating holiday each calendar year;
(b) each part-time employee of an agency specified in 2-18-101(1) is entitled to one floating holiday each calendar year that must be calculated proportionately to the floating holiday allowed to a full-time employee;
(c) unused floating holiday leave expires at the end of each calendar year, does not accrue, and is not paid out to employees on termination of employment; and
(d) a short-term worker or student intern may not receive a floating holiday.
History: En. Sec. 1, Ch. 108, L. 1971; R.C.M. 1947, 59-1009; amd. Sec. 4, Ch. 568, L. 1979; amd. Sec. 1, Ch. 312, L. 1981; amd. Sec. 8, Ch. 339, L. 1997; amd. Sec. 5, Ch. 87, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-604. Administration of rules

2-18-604. Administration of rules.
The department of administration or the administrative officer of any county, city, or political subdivision is responsible for the proper administration of the employee annual, sick, or military leave provisions and the jury duty provisions found in this part and may, when necessary, promulgate rules necessary to achieve the uniform administration of these provisions and to prevent the abuse of these provisions. When promulgated, the rules are effective as to all employees of the state or any county, city, or political subdivision of the state.
History: En. Sec. 10, Ch. 568, L. 1979; amd. Sec. 2, Ch. 582, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-606. Parental leave for state employees

2-18-606. Parental leave for state employees.
(1) The department of administration shall develop a parental leave policy for permanent state employees. The policy must permit an employee to take a reasonable leave of absence and permit the employee to use sick leave immediately following the birth or placement of a child for a period not to exceed 15 working days if:
(a) the employee is adopting a child; or
(b) the employee is a birth father.
(2) As used in this section, "placement" means placement for adoption as defined in 33-22-130.
(3) A state agency that is not subject to the provisions of the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 through 2654, may extend the provisions of that act to the employees of the agency.
History: En. Sec. 1, Ch. 756, L. 1991; amd. Sec. 1, Ch. 2, L. 1997; amd. Sec. 158, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-611. Annual vacation leave

2-18-611. Annual vacation leave.
(1) Each permanent full-time employee shall earn annual vacation leave credits from the first day of employment. Vacation leave credits earned must be credited at the end of each pay period. However, employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of 6 calendar months.
(2) Seasonal employees earn vacation credits. However, seasonal employees must be employed for 6 qualifying months before they may use the vacation credits. In order to qualify, seasonal employees shall immediately report back for work when operations resume in order to avoid a break in service.
(3) Permanent part-time employees are entitled to prorated annual vacation benefits if they have worked the qualifying period.
(4) An employee may not accrue annual vacation leave credits while in a leave-without-pay status.
(5) Temporary employees earn vacation leave credits but may not use the credits until after working for 6 qualifying months.
(6) A short-term worker or a student intern, as both terms are defined in 2-18-601, may not earn vacation leave credits, and time worked as a short-term worker or as a student intern does not apply toward the person's rate of earning vacation leave credits.
History: En. Sec. 1, Ch. 131, L. 1949; amd. Sec. 1, Ch. 152, L. 1951; amd. Sec. 1, Ch. 350, L. 1969; amd. Sec. 1, Ch. 121, L. 1971; amd. Sec. 1, Ch. 360, L. 1973; amd. Sec. 2, Ch. 476, L. 1973; amd. Sec. 1, Ch. 62, L. 1975; amd. Sec. 1, Ch. 479, L. 1977; R.C.M. 1947, 59-1001(1), (4); amd. Sec. 5, Ch. 568, L. 1979; amd. Sec. 1, Ch. 280, L. 1983; amd. Sec. 2, Ch. 593, L. 1985; amd. Sec. 1, Ch. 328, L. 1987; amd. Sec. 9, Ch. 339, L. 1997; amd. Sec. 2, Ch. 11, L. 2005; amd. Sec. 4, Ch. 75, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-612. Rate earned

2-18-612. Rate earned.
(1) Vacation leave credits are earned at a yearly rate calculated in accordance with the following schedule, which applies to the total years of an employee's employment with any agency whether the employment is continuous or not:
Years of employment
Working days credit
1 day through 10 years
15
10 years through 15 years
18
15 years through 20 years
21
20 years or more
24
(2) (a) For the purpose of determining years of employment under this section, an employee eligible to earn vacation credits under 2-18-611 must be credited with 1 year of employment for each period of:
(i) 2,080 hours of service following the date of employment. An employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period.
(ii) 12 calendar months in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any 1 month. An employee of a school district, a school at a state institution, or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.
(b) State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.
History: En. Sec. 1, Ch. 131, L. 1949; amd. Sec. 1, Ch. 152, L. 1951; amd. Sec. 1, Ch. 350, L. 1969; amd. Sec. 1, Ch. 121, L. 1971; amd. Sec. 1, Ch. 360, L. 1973; amd. Sec. 2, Ch. 476, L. 1973; amd. Sec. 1, Ch. 62, L. 1975; amd. Sec. 1, Ch. 479, L. 1977; R.C.M. 1947, 59-1001(3); amd. Sec. 6, Ch. 568, L. 1979; amd. Sec. 3, Ch. 593, L. 1985; amd. Sec. 123, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-613. Repealed

2-18-613. Repealed.
Sec. 12, Ch. 568, L. 1979.
History: En. Sec. 4, Ch. 131, L. 1949; amd. Sec. 4, Ch. 350, L. 1969; R.C.M. 1947, 59-1004.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-614. Military leave considered service

2-18-614. Military leave considered service.
A period of absence from employment with the state, county, or city occurring either during a war involving the United States or in any other national emergency and for 90 days thereafter for one of the following reasons is considered as service for the purpose of determining the number of years of employment used in calculating vacation leave credits under this section:
(1) having been ordered on active duty with the armed forces of the United States;
(2) voluntary service on active duty in the armed forces or on ships operated by or for the United States government; or
(3) direct assignment to the United States department of defense for duties related to national defense efforts if a leave of absence has been granted by the employer.
History: En. Sec. 1, Ch. 131, L. 1949; amd. Sec. 1, Ch. 152, L. 1951; amd. Sec. 1, Ch. 350, L. 1969; amd. Sec. 1, Ch. 121, L. 1971; amd. Sec. 1, Ch. 360, L. 1973; amd. Sec. 2, Ch. 476, L. 1973; amd. Sec. 1, Ch. 62, L. 1975; amd. Sec. 1, Ch. 479, L. 1977; R.C.M. 1947, 59-1001(2).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-615. Absence because of illness not chargeable against vacation unless employee approves

2-18-615. Absence because of illness not chargeable against vacation unless employee approves.
Absence from employment by reason of illness shall not be chargeable against unused vacation leave credits unless approved by the employee.
History: En. Sec. 5, Ch. 131, L. 1949; amd. Sec. 5, Ch. 350, L. 1969; amd. Sec. 4, Ch. 476, L. 1973; R.C.M. 1947, 59-1005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-616. Determination of vacation dates

2-18-616. Determination of vacation dates.
The dates when employees' annual vacation leaves are granted must be determined by agreement between each employee and the employing agency with regard to the best interest of the state or any county or city of the state as well as the best interests of each employee.
History: En. Sec. 6, Ch. 131, L. 1949; R.C.M. 1947, 59-1006; amd. Sec. 124, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-619. Jury duty -- service as witness

2-18-619. Jury duty -- service as witness.
(1) Each employee who is under proper summons as a juror shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Juror fees must be applied against the amount due the employee from the employer. However, if an employee elects to use annual leave to serve on a jury, the employee may not be required to remit the juror fees to the employer. An employee is not required to remit to the employer any expense or mileage allowance paid by the court.
(2) An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Witness fees must be applied against the amount due the employee from the employer. However, if an employee elects to use annual leave to serve as a witness, the employee may not be required to remit the witness fees to the employer. An employee is not required to remit to the employer any expense or mileage allowances paid by the court.
(3) Employers may request the court to excuse their employees from jury duty if they are needed for the proper operation of a unit of state or local government.
History: En. Sec. 6, Ch. 476, L. 1973; amd. Sec. 1, Ch. 154, L. 1974; R.C.M. 1947, 59-1010; amd. Sec. 9, Ch. 568, L. 1979; amd. Sec. 125, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-620. Repealed

2-18-620. Repealed.
Sec. 3, Ch. 185, L. 2009.
History: En. 59-1011, 59-1012 by Secs. 1, 2, Ch. 107, L. 1975; R.C.M. 1947, 59-1011, 59-1012; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 692, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-621. Unlawful termination -- unlawful payments

2-18-621. Unlawful termination -- unlawful payments.
(1) It is unlawful for an employer to terminate or separate an employee from employment in an attempt to circumvent the provisions of 2-18-611, 2-18-612, and 2-18-614. If a question arises under this subsection, it must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is an applicable collective bargaining agreement to the contrary.
(2) (a) An employee who terminates employment is entitled to receive only:
(i) payments for accumulated wages, vacation leave as provided in 2-18-617, sick leave as provided in 2-18-618, and compensatory time earned as provided in the rules or policies of the employer; and
(ii) if the termination is the result of a reduction in force, severance pay and a retraining allowance as provided for in 2-18-622.
(b) An employee who terminates employment may not receive severance pay, a bonus, or any other type of monetary payment not described in subsection (2)(a)(i) or (2)(a)(ii).
(3) Subsection (2) does not apply to:
(a) retirement benefits;
(b) a payment, settlement, award, or judgment that involves a potential or actual cause of action, legal dispute, claim, grievance, contested case, or lawsuit; or
(c) any other payment authorized by law.
History: En. Sec. 1, Ch. 131, L. 1949; amd. Sec. 1, Ch. 152, L. 1951; amd. Sec. 1, Ch. 350, L. 1969; amd. Sec. 1, Ch. 121, L. 1971; amd. Sec. 1, Ch. 360, L. 1973; amd. Sec. 2, Ch. 476, L. 1973; amd. Sec. 1, Ch. 62, L. 1975; amd. Sec. 1, Ch. 479, L. 1977; R.C.M. 1947, 59-1001(5); amd. Sec. 22, Ch. 684, L. 1985; amd. Sec. 126, Ch. 61, L. 2007; amd. Sec. 1, Ch. 341, L. 2007; amd. Sec. 5, Ch. 167, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-622. Reduction in force -- severance pay and retraining allowance required

2-18-622. Reduction in force -- severance pay and retraining allowance required.
If a reduction in force is necessary, the state may provide severance pay and a retraining allowance. Within a collective bargaining unit, severance pay and the retraining allowance are negotiable subjects under 39-31-305.
History: En. Sec. 1, Ch. 758, L. 1991; amd. Sec. 8, Ch. 640, L. 1993; (3)En. Sec. 13, Ch. 640, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-626. Department of justice employees -- payment of compensation for time spent answering subpoena

2-18-626. Department of justice employees -- payment of compensation for time spent answering subpoena.
A department of justice employee must receive all regular duty pay and benefits for time spent answering a subpoena in a civil or criminal cause when called to testify in connection with the employee's official duties. The department of justice may bill the person or organization requesting issuance of the subpoena for reimbursement for the employee's time.
History: En. Sec. 1, Ch. 363, L. 1987.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-627. Paid leave for disaster relief volunteer service

2-18-627. Paid leave for disaster relief volunteer service.
(1) An agency may grant to a state employee up to 15 days in a calendar year of a paid leave of absence for the employee to participate in specialized disaster relief services for the American red cross if:
(a) the employee is a certified American red cross disaster relief volunteer; and
(b) the American red cross has requested the employee's services.
(2) Leave time granted pursuant to this section:
(a) must be paid at the regular rate of compensation, including regular group, retirement, or leave accrual benefits, for the regular work hours during which the employee is absent from the employee's regular duties;
(b) commences upon approval of the employee's employing agency; and
(c) may not be charged against any other leave to which the employee is entitled.
(3) For purposes of this section, the following definitions apply:
(a) "Agency" has the meaning provided in 2-18-101.
(b) "Employee" means any person employed by an agency, except an elected official.
History: En. Sec. 1, Ch. 225, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 6. Leave Time › 2-18-641. Exemption -- employees of certain county hospitals or rest homes and hospital districts

2-18-641. Exemption -- employees of certain county hospitals or rest homes and hospital districts.
(1) An employee of a county hospital or county rest home in a county having a taxable valuation of less than $30 million or an employee of a hospital district is exempt from the provisions of this part.
(2) For any reduction in leave benefits for an employee subject to subsection (1), there must be an increase in compensation or benefits.
History: En. Sec. 1, Ch. 559, L. 2001; amd. Sec. 1, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-711. Cooperative purchasing of employee benefit services and insurance products -- procedures

2-18-711. Cooperative purchasing of employee benefit services and insurance products -- procedures.
(1) To provide employee group benefits, an agency, as defined in 2-18-601, and the state compensation insurance fund may participate with other agencies, nonprofit organizations, or business entities and in voluntary disability insurance purchasing pools provided for under 33-22-1815 if the agency or the state fund determines that cooperative purchasing is in the agency's or the state fund's best interest.
(2) Cooperative purchases under this section may be conducted according to purchasing procedures developed by the participating parties if, for contracts valued at $20,000 a year or more, purchasing procedures, at a minimum, include:
(a) public notice in three major Montana newspapers of requirements for submitting bids or offers; and
(b) consideration of all submitted bids or offers.
(3) For purposes of this section, "employee" also means a schoolteacher or a member of the instructional or scientific staff of a community college.
History: En. Sec. 1, Ch. 147, L. 1997; amd. Sec. 5, Ch. 314, L. 2001; amd. Sec. 2, Ch. 370, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-715. Legislative findings and purpose

2-18-715.  Legislative findings and purpose.
(1) The legislature finds that:
(a) air ambulance services provide a necessary, and sometimes lifesaving, means of transporting Montanans experiencing health emergencies;
(b) Montanans desire adequate access to air ambulance services;
(c) in many cases the high charges assessed by out-of-network air ambulance services and limited insurer and health plan reimbursements have resulted in Montanans incurring excessive out-of-pocket expenses; and
(d) the federal Airline Deregulation Act preempts states from enacting any law related to a price, route, or service of an air carrier, which is interpreted as applying to air ambulance services.
(2) The purpose of 2-18-715 through 2-18-720 is to prevent Montanans from incurring excessive out-of-pocket expenses in out-of-network air ambulance situations in a manner that is not preempted by the Airline Deregulation Act.
History: En. Sec. 1, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-717. Disclosures by air ambulance service

2-18-717. Disclosures by air ambulance service.
An out-of-network nonhospital-controlled air ambulance service must disclose by July 1 of each year any relationships or financial arrangements with health care providers, insurers, or health plans. This includes but is not limited to employment arrangements, ownership interests, first call agreements, and board memberships. This information must be filed with the department of public health and human services and also posted prominently on the commissioner of insurance's website. The air ambulance service must ensure the continued accuracy of this information throughout the year by submitting written updates within 5 days of any changes to the information.
History: En. Sec. 3, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-718. Independent dispute resolution

2-18-718. Independent dispute resolution.
(1) If an insurer or health plan and air ambulance service enter into dispute resolution, the procedure in 2-18-719 is to be used to determine the fair market price of the services that are the subject of the claim.
(2) Payment of the fair market price calculated pursuant to 2-18-719 constitutes payment in full of the claim.
(3) A determination under this section is not binding on the insurer or health plan and the air ambulance service.
(4) Unless otherwise agreed to by the parties, each party shall:
(a) bear its own attorney fees and costs incurred under the procedure provided in 2-18-719; and
(b) equally bear all fees and costs of the independent reviewer.
(5) As used in this section, "fair market price" means the value of the services provided as determined by the independent reviewer based on the factors provided in 2-18-719(6).
History: En. Sec. 4, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-719. Independent dispute resolution procedure -- exemptions

2-18-719. Independent dispute resolution procedure -- exemptions.
(1) To initiate a dispute resolution procedure under 2-18-715 through 2-18-720, the parties shall file a written notice of dispute with the insurance commissioner.
(2) Except as provided in subsection (3), within 30 days after the date of receipt of the notice of dispute, and if no independent reviewer is mutually agreed to by the insurer or health plan and air ambulance service under subsection (3), the insurance commissioner shall appoint an independent reviewer having the qualifications listed in 2-18-720. The insurance commissioner shall select an independent reviewer randomly from a list established under 2-18-720.
(3) The insurer or health plan and air ambulance provider may by mutual agreement select an independent reviewer. The parties shall notify the insurance commissioner of the mutually agreed independent reviewer prior to the appointment of an independent reviewer under subsection (2).
(4) An independent reviewer's sole substantive determination under this part is the fair market price of the services that are the subject of the claim.
(5) The independent reviewer may make procedural rulings necessary to regulate the proceedings.
(6) The factors to be used in the independent reviewer's determination are:
(a) the training, qualifications, and composition of the air ambulance service personnel;
(b) the fees for rotor wing or fixed wing services originating or provided entirely within the state of Montana that are:
(i) usually charged by the air ambulance service in Montana;
(ii) usually accepted as payment in full by the air ambulance service in Montana;
(iii) usually charged by other air ambulance services doing business in Montana;
(iv) usually accepted as payment in full by other air ambulance services doing business in Montana; and
(v) usually paid by the insurer or health plan for the service provided in Montana;
(c) whether the air ambulance service was provided in a rural or urban context;
(d) the applicable medicare rate of payment for the services that are the subject of the claim; and
(e) any other factors the independent reviewer determines to be relevant in determining fair market price in accordance with established precedent.
(7) Participation in a dispute resolution procedure under 2-18-718 through 2-18-720 exempts an insurer from 33-18-201(6) and (8) and 33-18-232(2).
History: En. Sec. 5, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 7. Group Insurance Generally › 2-18-720. Insurance commissioner duties -- independent reviewer qualifications

2-18-720. Insurance commissioner duties -- independent reviewer qualifications.
(1) The insurance commissioner shall:
(a) approve any independent reviewer that is eligible to adjudicate disputes under 2-18-715 through 2-18-720;
(b) maintain a list of independent reviewers eligible to adjudicate disputes under 2-18-715 through 2-18-720;
(c) terminate approval of an independent reviewer and remove the independent reviewer from the list of approved independent reviewers upon determining that an independent reviewer no longer meets the requirements to adjudicate disputes; and
(d) adopt rules necessary to implement 2-18-715 through 2-18-720, including rules regarding discovery and other procedures regarding the dispute resolution process and eligibility of an independent reviewer.
(2) An individual is eligible to be an independent reviewer under 2-18-715 through 2-18-720 if the individual is knowledgeable and experienced in applicable principles of contract and insurance law.
(3) In approving an individual as an independent reviewer, the insurance commissioner shall ensure that the individual does not have a conflict of interest that would adversely impact the individual's independence and impartiality in rendering a decision in an independent dispute resolution procedure under 2-18-718 and 2-18-719. A conflict of interest includes but is not limited to an ownership or direct familial interest in an insurer, a health care provider, or an air ambulance service that may be involved in an independent dispute resolution procedure under 2-18-718 and 2-18-719.
(4) In approving an individual as an independent reviewer, the insurance commissioner may not approve an individual who is currently serving in any matter as a hearing officer for the commissioner.
History: En. Sec. 6, Ch. 231, 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 › 2-18-801. Repealed

2-18-801. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: (1)En. by Code Commissioner, 1979; (2), (3)En. Sec. 1, Ch. 438, L. 1973; amd. Sec. 1, Ch. 347, L. 1975; R.C.M. 1947, 59-1501.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-802. Repealed

2-18-802. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 6, Ch. 438, L. 1973; R.C.M. 1947, 59-1506.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-803. Repealed

2-18-803. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 3, Ch. 438, L. 1973; R.C.M. 1947, 59-1503(3).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-804. Repealed

2-18-804. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 4, Ch. 438, L. 1973; R.C.M. 1947, 59-1504.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-805. Repealed

2-18-805. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 7, Ch. 438, L. 1973; R.C.M. 1947, 59-1507.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-806. Repealed

2-18-806. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 2, Ch. 438, L. 1973; R.C.M. 1947, 59-1502.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-807. Repealed

2-18-807. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 5, Ch. 438, L. 1973; R.C.M. 1947, 59-1505.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 8. State Group Insurance › 2-18-808. Purpose

2-18-808. Purpose.
The purpose of this part is to establish a program under which the state may provide state employees with adequate group hospitalization, health, medical, disability, life, and other related group benefits in an efficient manner and at an affordable cost.
History: En. Sec. 1, 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 › 2-18-809. Definitions

2-18-809. Definitions.
As used in this part, the following definitions apply:
(1) "Advisory council" means the state employee group benefits advisory council provided for in 2-15-1016.
(2) "Department" means the department of administration provided for in 2-15-1001.
(3) "Flexible spending account" means a funding and accounting arrangement allowed by federal law that:
(a) gives a state employee a choice between receiving taxable salary or having a part of the employee's salary withheld; and
(b) provides for depositing any portion of the state employee's salary withheld and any employer contribution designated by the employee into an account and receiving from that account nontaxable reimbursement for certain out-of-pocket medical expenses of the state employee or a dependent of the employee.
(4) "Group benefits" means group hospitalization, health, medical, surgical, disability, life, and other similar and related group benefits provided to officers and employees of the state, including flexible spending account benefits. The term "group benefits" does not include casualty insurance, defined in 33-1-206; marine insurance, authorized in 33-1-209 and 33-1-221 through 33-1-229; property insurance, defined in 33-1-210; surety insurance, defined in 33-1-211; and title insurance, defined in 33-1-212.
(5) (a) "State employee" means an employee of the state, specifically including a member or employee of the legislative branch of state government.
(b) The term "state employee" does not include employees of counties, cities, towns, school districts, or the Montana university system or a student intern, as defined in 2-18-101.
History: En. Sec. 2, Ch. 555, L. 1979; amd. Sec. 10, Ch. 467, L. 1981; amd. Sec. 1, Ch. 88, L. 1999; amd. Sec. 6, Ch. 75, L. 2005.