reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1005. Repealed

19-3-1005. Repealed.
Sec. 35, Ch. 178, L. 2013.
History: En. 68-2102 by Sec. 35, Ch. 323, L. 1973; R.C.M. 1947, 68-2102(part); amd. Sec. 73, Ch. 265, L. 1993; amd. Sec. 32, Ch. 562, L. 1999; amd. Sec. 33, Ch. 99, L. 2001; amd. Sec. 23, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1006. Repealed

19-3-1006. Repealed.
Sec. 39, Ch. 370, L. 1997.
History: En. 68-2102 by Sec. 35, Ch. 323, L. 1973; R.C.M. 1947, 68-2102(part); amd. Sec. 74, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1007. Benefit for duty-related disability

19-3-1007. Benefit for duty-related disability.
(1) The retirement benefit payable to a member eligible for disability retirement for duty-related reasons and granted prior to July 1, 1977, is 50% of the member's highest average compensation.
(2) A retired member receiving a disability retirement benefit on July 1, 1977, who has previously been granted a duty-related disability under provisions in effect on June 30, 1977, is subject to the provisions of this section after July 1, 1977.
History: En. 68-2103 by Sec. 36, Ch. 323, L. 1973; amd. Sec. 7, Ch. 99, L. 1977; amd. Sec. 4, Ch. 241, L. 1977; R.C.M. 1947, 68-2103; amd. Sec. 55, Ch. 613, L. 1989; amd. Sec. 75, Ch. 265, L. 1993; amd. Sec. 34, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1008. Benefit for disability

19-3-1008. Benefit for disability.
(1) The monthly amount of the disability retirement benefit payable to a member under the provisions of 19-3-1002(1) is the greater of subsection (1)(a) or (1)(b) as follows:
(a) 90% of one fifty-sixth of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513; or
(b) a retirement benefit equal to 25% of the member's highest average compensation.
(2) Except as provided in subsection (3), the monthly amount of retirement benefit payable to a member eligible for disability retirement under the provisions of 19-3-1002(3) is a retirement benefit equal to one fifty-sixth of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513.
(3) The monthly amount of retirement benefit payable to a member eligible for disability retirement under the provisions of 19-3-1002(3) who has at least 25 years of membership service is a retirement benefit equal to 2% of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513.
(4) The monthly amount of retirement benefit payable to a member eligible for disability retirement under the provisions of 19-3-1002(4) who has:
(a) more than 5 but less than 10 years of membership service is a retirement benefit equal to 1.5% of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513;
(b) 10 or more but less than 30 years of membership service is a retirement benefit equal to one fifty-sixth of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513; or
(c) 30 or more years of membership service is a retirement benefit equal to 2% of the member's highest average compensation multiplied by the member's years of service credit, including any additional service credit purchased under 19-3-513.
(5) Subject to the provisions of part 11 of this chapter, a retired member receiving a disability retirement benefit on February 24, 1991, who has previously been granted a disability retirement benefit under the provisions of this section will continue to receive the monthly disability retirement benefit as calculated prior to February 24, 1991, subject to any postretirement or cost-of-living increases granted by the legislature.
History: En. 68-2104 by Sec. 37, Ch. 323, L. 1973; amd. Sec. 5, Ch. 241, L. 1977; amd. Sec. 14, Ch. 332, L. 1977; R.C.M. 1947, 68-2104; amd. Sec. 4, Ch. 73, L. 1989; amd. Sec. 4, Ch. 558, L. 1989; amd. Sec. 2, Ch. 49, L. 1991; amd. Sec. 76, Ch. 265, L. 1993; amd. Sec. 35, Ch. 99, L. 2001; amd. Sec. 3, Ch. 217, L. 2001; amd. Sec. 35, Ch. 429, L. 2003; amd. Sec. 9, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 10. Disability Retirement Benefits › 19-3-1016. Nonapplication of part to defined contribution plan

19-3-1016. Nonapplication of part to defined contribution plan.
Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1103. Disability benefit reduced by earnings

19-3-1103. Disability benefit reduced by earnings.
(1) (a) If the recipient of a disability retirement benefit is self-employed or employed in a position not covered by the retirement system, the recipient shall submit to the board an annual earnings statement, and any other documentation requested by the board, covering each month during which the recipient was self-employed or employed in the position.
(b) The amount of the recipient's retirement benefit for each month of employment must be reduced to an amount that, when added to the compensation earned by the recipient in that occupation, does not exceed the amount of the recipient's monthly compensation at the time of the recipient's retirement.
(c) The board shall annually adjust the recipient's monthly compensation as it was at the time of retirement by an inflationary factor if the recipient has been receiving a disability retirement benefit for more than 36 consecutive months.
(d) If the disability benefit recipient fails to submit the documentation as required under subsection (1)(a), the board may suspend the benefit payments until it receives the documentation.
(2) Benefit adjustments granted by the legislature may not be included in calculations required under this section.
History: En. 68-2202 by Sec. 39, Ch. 323, L. 1973; amd. Sec. 4, Ch. 190, L. 1974; R.C.M. 1947, 68-2202; amd. Sec. 8, Ch. 496, L. 1981; amd. Sec. 1, Ch. 23, L. 1987; amd. Sec. 89, Ch. 265, L. 1993; amd. Sec. 34, Ch. 562, L. 1999; amd. Sec. 37, Ch. 99, L. 2001; amd. Sec. 11, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1104. Cancellation of disability retirement benefit upon reemployment

19-3-1104. Cancellation of disability retirement benefit upon reemployment.
A person receiving a disability retirement benefit who becomes an employee is considered reinstated to service from retirement, and the person's disability retirement benefit must be canceled.
History: En. 68-2204 by Sec. 41, Ch. 323, L. 1973; amd. Sec. 6, Ch. 190, L. 1974; R.C.M. 1947, 68-2204(part); amd. Sec. 86, Ch. 265, L. 1993; amd. Sec. 104, Ch. 42, L. 1997; amd. Sec. 18, Ch. 370, L. 1997.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1107. Repealed

19-3-1107. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 631, L. 1985.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1108. Repealed

19-3-1108. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 179, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1112. Nonapplication of part to defined contribution plan

19-3-1112. Nonapplication of part to defined contribution plan.
Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 11. Reemployment of Retired Members › 19-3-1113. Contributions required for retirees who return to work

19-3-1113. Contributions required for retirees who return to work.
(1) Beginning July 1, 2013, each employer shall contribute the amount specified in 19-3-316 and the state shall contribute the amount specified in 19-3-319 for retired members who return to work in a covered position but who, under the provisions of 19-3-1106(4), have not become active members.
(2) Retired members who return to active service under the provisions of 19-3-1106 are subject to the employee, employer, and state contributions set forth in 19-3-315, 19-3-316, and 19-3-319.
History: En. Sec. 1, Ch. 239, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1201. Eligibility for death payments

19-3-1201. Eligibility for death payments.
Upon receipt of a written application filed with the board by a designated beneficiary, the board shall grant a death payment to the designated beneficiary of any member who dies:
(1) while in service;
(2) while a recipient of a disability retirement benefit, if the benefit has been in effect less than 6 months;
(3) while disabled, if the member has been continuously disabled since discontinuance of the member's service but is not receiving a disability retirement benefit; or
(4) while an inactive member.
History: En. 68-2301 by Sec. 42, Ch. 323, L. 1973; R.C.M. 1947, 68-2301; amd. Sec. 4, Ch. 196, L. 1989; amd. Sec. 78, Ch. 265, L. 1993; amd. Sec. 38, Ch. 429, L. 2003; amd. Sec. 22, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1202. Amount of death payment

19-3-1202. Amount of death payment.
(1) The amount of death payment to be made to the designated beneficiary of a deceased member is the sum of subsections (1)(a), (1)(b), and (1)(c) as follows:
(a) the member's accumulated contributions;
(b) subject to subsection (2), an amount equal to one-twelfth of the compensation received by the member during the last 12 months of compensation multiplied by the smaller of six or the number of years of the member's service credit; and
(c) the accumulated regular interest on the amounts in subsections (1)(a) and (1)(b) to the first day of the month in which the payment is made.
(2) (a) A beneficiary of a member who was inactive for less than 6 months at the time of death is eligible to receive the payment described in subsection (1)(b).
(b) A beneficiary of a member who was inactive for 6 or more months at the time of death is not eligible to receive the payment described in subsection (1)(b).
History: En. 68-2302 by Sec. 43, Ch. 323, L. 1973; R.C.M. 1947, 68-2302; amd. Sec. 1, Ch. 210, L. 1981; amd. Sec. 57, Ch. 613, L. 1989; amd. Sec. 79, Ch. 265, L. 1993; amd. Sec. 39, Ch. 429, L. 2003; amd. Sec. 11, Ch. 128, L. 2007; amd. Sec. 23, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1203. Election of optional death annuity

19-3-1203. Election of optional death annuity.
The designated beneficiary of a deceased member may elect, by filing a written application with the board, to have the death payment provided for in 19-3-1202 paid in an actuarially equivalent form, subject to rules that the board may adopt. The annuity payments are not subject to increases that may be granted to other monthly retirement benefits.
History: En. 68-2303 by Sec. 44, Ch. 323, L. 1973; R.C.M. 1947, 68-2303; amd. Sec. 80, Ch. 265, L. 1993; amd. Sec. 40, Ch. 99, L. 2001; amd. Sec. 12, Ch. 128, L. 2007; amd. Sec. 24, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1204. Survivorship benefit elected by beneficiary

19-3-1204. Survivorship benefit elected by beneficiary.
(1) A designated beneficiary eligible to receive a death payment may instead elect a survivorship benefit by filing a written application with the board, if all of the following conditions are met:
(a) the deceased member on behalf of whom the death benefit is payable had completed 5 years of membership service;
(b) the designated beneficiary is a natural person; and
(c) the designated beneficiary elects the survivorship benefit within 90 days of receipt of notice from the board that the designated beneficiary is eligible to receive the death payment.
(2) A designated beneficiary of a vested member may, by filing a written application with the board, elect to receive a survivorship benefit in lieu of a death payment.
(3) (a) If the designated beneficiary is a minor, the custodian designated in 19-2-803 may, on the minor's behalf, file a written application with the board.
(b) If an application is not filed on the minor's behalf and no payment has been made, the designated beneficiary may file a written application upon reaching the age of majority. For the purposes of this subsection (3)(b), the survivorship benefit provided for in 19-3-1205 must be calculated as if the member had died on the last day of the month before the month in which the application was filed.
History: En. 68-2304 by Sec. 45, Ch. 323, L. 1973; amd. Sec. 7, Ch. 190, L. 1974; amd. Sec. 3, Ch. 89, L. 1977; amd. Sec. 10, Ch. 99, L. 1977; amd. Sec. 7, Ch. 241, L. 1977; R.C.M. 1947, 68-2304; amd. Sec. 2, Ch. 153, L. 1985; amd. Sec. 5, Ch. 196, L. 1989; amd. Sec. 81, Ch. 265, L. 1993; amd. Sec. 36, Ch. 562, L. 1999; amd. Sec. 41, Ch. 99, L. 2001; amd. Sec. 25, Ch. 329, L. 2005; amd. Sec. 13, Ch. 128, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1205. Amount of survivorship benefit

19-3-1205. Amount of survivorship benefit.
(1) For a member hired prior to July 1, 2011, the survivorship benefit payable to the member's designated beneficiary is the actuarial equivalent of:
(a) the accrued portion of the early retirement benefit pursuant to 19-3-906(1) that would have been payable to the member commencing at age 50 if the member had not attained age 50 or earned 25 years of membership service at the time of death;
(b) if the deceased member had attained age 50 or earned 25 years of membership service at the time of death, the early retirement benefit that would have been payable to the member if the member had retired immediately prior to death; or
(c) if the deceased member had attained age 60 or earned 30 years of membership service at the time of death, the service retirement benefit that would have been payable to the member if the member had retired immediately prior to death.
(2) For a member hired on or after July 1, 2011, the survivorship benefit payable to the member's designated beneficiary is the actuarial equivalent of:
(a) the accrued portion of the early retirement benefit pursuant to 19-3-906(3) that would have been payable to the member commencing at age 55 if the member had not attained age 55 at the time of death;
(b) if the deceased member had attained age 55 at the time of death, the early retirement benefit that would have been payable to the member if the member had retired immediately prior to death; or
(c) if the deceased member had attained age 65 at the time of death, the service retirement benefit that would have been payable to the member if the member had retired immediately prior to death.
History: En. 68-2305 by Sec. 46, Ch. 323, L. 1973; amd. Sec. 8, Ch. 190, L. 1974; R.C.M. 1947, 68-2305; amd. Sec. 82, Ch. 265, L. 1993; amd. Sec. 13, Ch. 412, L. 1995; amd. Sec. 105, Ch. 42, L. 1997; amd. Sec. 40, Ch. 429, L. 2003; amd. Sec. 11, Ch. 369, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1210. Death payments to designated beneficiaries of retired members

19-3-1210. Death payments to designated beneficiaries of retired members.
(1) When a retired member receiving an option 1 retirement benefit under 19-3-1501 dies, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.
(2) If a retired member receiving an option 2 or 3 retirement benefit under 19-3-1501 dies with no surviving contingent annuitant, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.
(3) This section does not apply if the member was receiving a disability benefit. The member's accumulated contributions may not be reduced by the disability benefits already paid unless the disability benefit was converted to a service retirement benefit pursuant to 19-2-406(5).
History: En. Sec. 83, Ch. 265, L. 1993; amd. Sec. 37, Ch. 562, L. 1999; amd. Sec. 41, Ch. 429, L. 2003; amd. Sec. 16, Ch. 283, L. 2009; amd. Sec. 13, Ch. 178, L. 2013; amd. Sec. 13, Ch. 248, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1211. Refund when former member dies after transferring to another system

19-3-1211. Refund when former member dies after transferring to another system.
The accumulated contributions of a member who dies after becoming a member of any other system described in 19-3-403(6) and before receiving the member's accumulated contributions must be paid to the designated beneficiary.
History: En. Sec. 68-1602 by Sec. 6, Ch. 323, L. 1973; amd. Sec. 1, Ch. 374, L. 1974; amd. Sec. 1, Ch. 16, L. 1975; amd. Sec. 1, Ch. 128, L. 1975; amd. Sec. 1, Ch. 99, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1602(8)(b); amd. Sec. 84, Ch. 265, L. 1993; Sec. 19-3-404, MCA 1991; redes. 19-3-1211 by Code Commissioner, 1993; amd. Sec. 10, Ch. 400, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 12. Survivorship Benefits and Death Payments › 19-3-1212. Nonapplication of part to defined contribution plan

19-3-1212. Nonapplication of part to defined contribution plan.
Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 13. Beneficiaries (Renumbered and Repealed) › 19-3-1301. Renumbered 19-2-801

19-3-1301. Renumbered 19-2-801.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 13. Beneficiaries (Renumbered and Repealed) › 19-3-1302. Renumbered 19-2-802

19-3-1302. Renumbered 19-2-802.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 13. Beneficiaries (Renumbered and Repealed) › 19-3-1303. Repealed

19-3-1303. Repealed.
Sec. 12, Ch. 496, L. 1981.
History: En. 68-2401 by Sec. 47, Ch. 323, L. 1973; R.C.M. 1947, 68-2401(3).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 13. Beneficiaries (Renumbered and Repealed) › 19-3-1304. Renumbered 19-2-803

19-3-1304. Renumbered 19-2-803.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 13. Beneficiaries (Renumbered and Repealed) › 19-3-1305. Renumbered 19-2-804

19-3-1305. Renumbered 19-2-804.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 14. Management of Allowance Payments (Renumbered) › 19-3-1401. Renumbered 19-2-901

19-3-1401. Renumbered 19-2-901.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 14. Management of Allowance Payments (Renumbered) › 19-3-1402. Renumbered 19-2-902

19-3-1402. Renumbered 19-2-902.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 14. Management of Allowance Payments (Renumbered) › 19-3-1403. Renumbered 19-2-903

19-3-1403. Renumbered 19-2-903.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 14. Management of Allowance Payments (Renumbered) › 19-3-1404. Renumbered 19-2-904

19-3-1404. Renumbered 19-2-904.
Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 15. Optional Forms of Benefit Payments › 19-3-1502. Nonapplication of part to defined contribution plan

19-3-1502. Nonapplication of part to defined contribution plan.
Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.
History: En. Sec. 40, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1601. Repealed

19-3-1601. Repealed.
Sec. 38, Ch. 287, L. 1997.
History: En. Sec. 1, Ch. 115, L. 1989; amd. Sec. 90, Ch. 265, L. 1993; Sec. 19-3-1109, MCA 1991; redes. 19-3-1601 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1602. Repealed

19-3-1602. Repealed.
Sec. 38, Ch. 287, L. 1997.
History: En. Sec. 2, Ch. 115, L. 1989; amd. Sec. 91, Ch. 265, L. 1993; Sec. 19-3-1110, MCA 1991; redes. 19-3-1602 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1603. Repealed

19-3-1603. Repealed.
Sec. 38, Ch. 287, L. 1997.
History: En. Sec. 3, Ch. 115, L. 1989; amd. Sec. 92, Ch. 265, L. 1993; Sec. 19-3-1111, MCA 1991; redes. 19-3-1603 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1604. Repealed

19-3-1604. Repealed.
Sec. 120, Ch. 429, L. 2003.
History: En. Sec. 1, Ch. 367, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1606. Repealed

19-3-1606. Repealed.
Sec. 39, Ch. 99, L. 2011.
History: En. Sec. 4, Ch. 149, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 16. Postretirement Benefits and Benefit Increases › 19-3-1607. Nonapplication of part to defined contribution plan

19-3-1607. Nonapplication of part to defined contribution plan.
Unless otherwise explicitly provided in this part, none of the provisions of this part apply under the defined contribution plan.
History: En. Sec. 13, Ch. 490, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2101. Definitions

19-3-2101. Definitions.
Unless the context requires otherwise, as used in this part, the following definitions apply:
(1) "Member" means a person with a retirement account in the defined contribution plan.
(2) "Plan" or "defined contribution plan" means the defined contribution retirement plan.
(3) "University system retirement program" means the retirement plan established by the board of regents under Title 19, chapter 21.
History: En. Sec. 42, Ch. 471, L. 1999; amd. Sec. 14, Ch. 490, L. 2001; amd. Sec. 3, Ch. 282, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2102. Defined contribution plan established -- assets to be held in trust -- contracted services

19-3-2102. Defined contribution plan established -- assets to be held in trust -- contracted services.
(1) The board shall establish within the public employees' retirement system a defined contribution plan in accordance with the provisions of this part. The plan must be established as a pension plan for the exclusive benefit of members and their beneficiaries and as a "qualified governmental plan" pursuant to section 401(a) of the Internal Revenue Code and its implementing regulations. Retirement accounts must be established for each member of the defined contribution plan. Assets of the plan, including assets of the long-term disability plan pursuant to 19-3-2141, must be held in trust. The plan is established in addition to any retirement, pension, deferred compensation, or other benefit plan administered by the state or a political subdivision.
(2) The board may contract for plan administration and use a competitive bidding process when contracting for consulting, educational, investment, recordkeeping, or other services for the plan.
History: En. Sec. 43, Ch. 471, L. 1999; amd. Sec. 15, Ch. 490, L. 2001; amd. Sec. 4, Ch. 140, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2103. Legislative intent

19-3-2103. Legislative intent.
It is the intent of the legislature that, in implementing and administering the defined contribution plan:
(1) changes to current administrative processes and the impact of those changes on employers be minimized to the extent possible;
(2) the administrative structure for the plan be configured in an economical and efficient manner;
(3) administration and services for the plan be contracted out to the extent possible, but that the board provide for the diligent oversight of the contracts;
(4) reasonable member services be provided for and that fees be commensurate with the services;
(5) lines of communication and responsibilities be clearly established so that employers or their personnel and payroll officers do not advise members about plan choices or investment alternatives; and
(6) employers be encouraged to provide paid time for members to attend educational programs sponsored by the board pursuant to 19-3-112.
History: En. Sec. 44, Ch. 471, L. 1999; amd. Sec. 43, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2104. Board powers and duties -- rulemaking

19-3-2104. Board powers and duties -- rulemaking.
(1) The board has the powers and shall perform the duties regarding the defined contribution plan as provided in 19-2-403, as applicable. The board may also exercise the powers and shall perform the duties provided in this chapter.
(2) The board shall, in accordance with the Montana Administrative Procedure Act, adopt rules necessary for the implementation of this part and other applicable sections in chapters 2 and 3 of this title.
History: En. Sec. 45, Ch. 471, L. 1999; amd. Sec. 27, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2105. Administrative expenses and fees

19-3-2105. Administrative expenses and fees.
(1) The board may establish a fund within the defined contribution plan for paying the plan's administrative expenses.
(2) The board may:
(a) assess fees to pay the reasonable administrative costs of the plan; and
(b) negotiate with a vendor or vendors for vendor reimbursement of board administrative expenses for the plan.
(3) All fees assessed must be fully disclosed to plan members and treated as public information.
(4) Costs for the board to provide for contract oversight are included as part of the administrative expenses of the plan.
History: En. Sec. 46, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2106. Limited contract right

19-3-2106. Limited contract right.
The statutory provisions governing the defined contribution plan and the university system retirement program are subject to amendment by the legislature. Employees choosing the defined contribution plan or the university system retirement program pursuant to this part do not have a contract right to the specific terms and conditions specified in statute on the date the employee's choice becomes effective.
History: En. Sec. 16, Ch. 490, L. 2001; amd. Sec. 4, Ch. 282, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2113. Reinstatement of plan membership -- purchase of prior service credit in defined benefit plan

19-3-2113. Reinstatement of plan membership -- purchase of prior service credit in defined benefit plan.
(1) (a) A member who terminates membership in the defined benefit plan, the defined contribution plan, or the university system retirement program after making an election pursuant to 19-3-2111 or 19-3-2112 and who returns to covered employment in less than 24 months is a member of the plan that the member last selected and is not eligible for a new plan choice election.
(b) A member who terminated membership in the defined benefit plan, the defined contribution plan, or the university system retirement program after making an election pursuant to 19-3-2111 or 19-3-2112 and who returns to covered employment after 24 months or more is eligible to make a plan choice election as though initially hired as provided for in 19-3-2111(1)(b).
(2) (a) An employee who returns to covered employment after terminating membership in the defined benefit plan, who is eligible to make a plan choice, and who elects to join the defined benefit plan pursuant to 19-3-2111 or 19-3-2112 may reinstate prior membership service and service credit as provided in 19-2-603.
(b) An employee who returns to covered employment after terminating membership in the defined contribution plan or the university system retirement program, who is eligible to make a plan choice, and who elects to join the defined benefit plan pursuant to 19-3-2111 or 19-3-2112 may purchase prior membership service and service credit by paying to the board the full actuarial cost of the service credit as of the latest actuarial valuation of the defined benefit plan. The member may not purchase membership service and service credit under this section in excess of the member's length of service in the defined contribution plan or the university system retirement program.
History: En. Sec. 49, Ch. 471, L. 1999; amd. Sec. 19, Ch. 490, L. 2001; amd. Sec. 46, Ch. 429, L. 2003; amd. Sec. 16, Ch. 128, L. 2007; amd. Sec. 6, Ch. 282, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2114. Amount available to transfer

19-3-2114. Amount available to transfer.
For an employee who elects to become a member of the plan, the board shall transfer from the defined benefit plan to the member's retirement account an amount equal to the amount that would have been allocated to the member's account pursuant to 19-3-2117 had the employee become a plan member on the employee's hire date, plus compounded annual interest equal to the assumed rate of return on investments adopted by the board as of the effective date of the transfer.
History: En. Sec. 50, Ch. 471, L. 1999; amd. Sec. 20, Ch. 490, L. 2001; amd. Sec. 47, Ch. 429, L. 2003; amd. Sec. 30, Ch. 329, L. 2005; amd. Sec. 26, Ch. 99, L. 2011; amd. Sec. 6, Ch. 172, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2115. Transfers or rollovers into plan -- service transfers -- membership credit for purposes of vesting

19-3-2115. Transfers or rollovers into plan -- service transfers -- membership credit for purposes of vesting.
(1) (a) Except as provided in subsection (2), the board shall accept the rollover of contributions and the income on those contributions from another eligible retirement plan to the member's vested account as allowed under applicable federal law.
(b) To transfer service credit from another retirement system in this title, an employee must be a member of the defined benefit plan. The member must receive membership service and service credit for the service the member transfers. The transferring member may, within 12 months after joining the defined benefit plan, elect to become a member of the defined contribution plan. The transferred service credit may be used for purposes of vesting in the defined contribution plan pursuant to 19-3-2116.
(2) The board shall accept a direct rollover of eligible distributions from another eligible retirement plan only to the extent permitted by the Internal Revenue Code.
History: En. Sec. 51, Ch. 471, L. 1999; amd. Sec. 21, Ch. 490, L. 2001; amd. Sec. 48, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2116. Vesting -- mandatory termination of membership -- forfeitures

19-3-2116. Vesting -- mandatory termination of membership -- forfeitures.
(1) A member's contribution account includes the member's contributions and the income on those contributions and is vested from the date that the employee becomes a member of the plan.
(2) A member's employer contribution account includes the employer's contributions and the income on those contributions and is vested only when the member has a total of 5 years of membership service under the system.
(3) A member's account for other contributions includes the member's rollovers of contributions made pursuant to 19-3-2115 and income on those contributions and is vested from the date that the contribution is credited to the account.
(4) A member who terminates service after becoming a vested member may terminate plan membership as provided in 19-3-2123.
(5) A member who terminates service before becoming a vested member shall terminate plan membership as provided in 19-3-2123 and subject to 19-3-2126.
(6) If the member's employer contribution account is not vested upon termination of plan membership, as provided in 19-3-2123, the employer contributions and income are forfeited and must be allocated as provided in 19-3-2117.
History: En. Sec. 52, Ch. 471, L. 1999; amd. Sec. 22, Ch. 490, L. 2001; amd. Sec. 49, Ch. 429, L. 2003; amd. Sec. 31, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2121. Repealed

19-3-2121. Repealed.
Sec. 5, Ch. 170, L. 2015.
History: En. Sec. 54, Ch. 471, L. 1999; amd. Sec. 6, Ch. 423, L. 2001; amd. Sec. 24, Ch. 490, L. 2001; amd. Sec. 33, Ch. 329, L. 2005; amd. Sec. 41, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2122. Investment alternatives -- notice of changes -- default fund

19-3-2122. Investment alternatives -- notice of changes -- default fund.
(1) The board shall provide for at least eight investment alternatives within the defined contribution plan. In providing for the plan's investment alternatives, only a vendor or vendors offering suitable and well-managed investments, licensed to conduct business in Montana, and regulated by the United States securities and exchange commission may be used, unless exempt from the commission's regulation.
(2) The investment alternatives must include at least three that offer plan members the following:
(a) the ability to materially affect the potential return on amounts in the member's retirement account and the degree of risk to which those amounts are subject;
(b) a range of investment alternatives that:
(i) provides sound and diversified funds;
(ii) offers, under each alternative, a materially different risk and return characteristic than found in the other alternatives;
(iii) allows the member or beneficiary to choose among them to achieve a portfolio with an aggregate risk and return characteristic to achieve a point within the risk and return range normally appropriate for the member or beneficiary based on age, income, and individual retirement goals; and
(iv) tends to minimize through diversification the overall risk of large losses.
(3) The investment alternatives may include the investment alternatives offered to members of the state deferred compensation plan pursuant to chapter 50 of this title.
(4) The board shall from time to time review the suitability and management of investment alternatives and may change the alternatives to be offered. The board shall notify affected members of potential changes before any changes become effective.
(5) Assets within each member's retirement account must be invested as directed by the member.
(6) The board shall provide for a balanced fund to be established as a default investment fund. In the case of a member failing to direct how the member's retirement account is to be invested, the member's entire account must be invested in the default fund.
(7) This section does not prohibit the board from contracting with the board of investments established in 2-15-1808 to provide one or more investment alternatives within the plan.
History: En. Sec. 55, Ch. 471, L. 1999; amd. Sec. 25, Ch. 490, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2123. Payout of vested account balances when terminating plan membership

19-3-2123. Payout of vested account balances when terminating plan membership.
Except as provided in 19-3-2142, any time after termination of service, a member or the member's beneficiary may terminate plan membership by filing a written application with the board and removing the member's vested account balance from the plan through any combination of the following payout options, each of which is subject to applicable regulations of the internal revenue service:
(1) a direct rollover to an eligible retirement plan, which includes an individual retirement account or annuity and, effective January 1, 2008, a Roth IRA provided for in section 408A of the Internal Revenue Code, 26 U.S.C. 408A, pursuant to section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31);
(2) a regular rollover to an eligible retirement plan pursuant to section 402(c) of the Internal Revenue Code, 26 U.S.C. 402(c); or
(3) a lump-sum distribution of the member's vested account balance.
History: En. Sec. 56, Ch. 471, L. 1999; amd. Sec. 7, Ch. 423, L. 2001; amd. Sec. 26, Ch. 490, L. 2001; amd. Sec. 14, Ch. 284, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2124. Distribution options for plan members -- rulemaking -- minimum distribution requirements -- restrictions

19-3-2124. Distribution options for plan members -- rulemaking -- minimum distribution requirements -- restrictions.
(1) Subject to 19-3-2116, 19-3-2126, and 19-3-2142, a member may, after termination of service, leave the member's vested account balance in the plan, and the member is eligible for a distribution as provided in this section.
(2) After termination of service and upon filing a written application with the board, a member may, if provided for by the board, select a distribution option offered pursuant to a contract negotiated by the board with a plan vendor or vendors.
(3) A member who is less than 70 1/2 years of age if the member was born before July 1, 1949, or less than 72 years of age if the member was born after June 30, 1949, who returns to service may not continue to receive a distribution under this section while actively employed in a covered position.
(4) The board shall adopt rules to administer this section and to provide that distributions comply with the minimum distribution requirements established in the Internal Revenue Code and applicable under 19-2-1007.
History: En. Sec. 57, Ch. 471, L. 1999; amd. Sec. 8, Ch. 423, L. 2001; amd. Sec. 27, Ch. 490, L. 2001; amd. Sec. 7, Ch. 172, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2125. Death benefits

19-3-2125. Death benefits.
A plan member's beneficiary must be determined as provided in chapter 2, part 8, of this title. Upon filing a written application with the board after the death of a plan member, the member's beneficiary is entitled to the member's vested account balance subject to this part.
History: En. Sec. 58, Ch. 471, L. 1999; amd. Sec. 28, Ch. 490, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2126. Refunds -- minimum account balance -- adjustment by rule

19-3-2126. Refunds -- minimum account balance -- adjustment by rule.
(1) Before termination of service, a member may not receive a refund of any portion of the member's vested account balance.
(2) Except as provided in 19-3-2142, a member who terminates service and whose vested account balance is less than $200 must be paid the vested account balance in a lump sum. If the member's employer contribution account is not vested, the employer contributions and income are forfeited and must be allocated as provided in 19-3-2117. The payment must be made as soon as administratively feasible without a written application from the member.
(3) Except as provided in 19-3-2142, unless a written application is made pursuant to subsection (4)(a), a member who terminates service and whose vested account balance is between $200 and $1,000 must be paid the vested account balance in a lump sum. The payment must be made as soon as administratively feasible. If the member's employer contribution account is not vested, the employer contributions and income are forfeited and must be allocated as provided in 19-3-2117.
(4) (a) Except as provided in 19-3-2142, upon the written application of a member terminating service whose vested account balance is $200 or more, the board shall make a direct rollover distribution pursuant to section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31), of the eligible rollover distribution portion of that balance. To receive the direct rollover distribution, the member is responsible for correctly designating, on forms provided by the board, an eligible retirement plan that allows the rollover under applicable federal law.
(b) The direct rollover distribution must be paid directly to an eligible retirement plan allowed under applicable federal law that, effective January 1, 2008, includes a Roth IRA provided for in section 408A of the Internal Revenue Code, 26 U.S.C. 408A.
(5) A member who terminates service with an account balance greater than $1,000, whether vested or not, may remain in the plan.
(6) The board may by rule adjust the minimum account balance provided in this section as necessary to maintain reasonable administrative costs and to account for inflation and in accordance with the requirements of section 401(a)(31)(B) of the Internal Revenue Code, 26 U.S.C. 401(a)(31)(B), and applicable regulations.
History: En. Sec. 59, Ch. 471, L. 1999; amd. Secs. 9, 14(2)(b), Ch. 423, L. 2001; amd. Sec. 29, Ch. 490, L. 2001; amd. Sec. 51, Ch. 429, L. 2003; amd. Sec. 34, Ch. 329, L. 2005; amd. Sec. 15, Ch. 284, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2131. Terminated

19-3-2131. Terminated.
Sec. 81(2), Ch. 471, L. 1999.
History: En. Sec. 60, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2132. Terminated

19-3-2132. Terminated.
Sec. 81(1), Ch. 471, L. 1999.
History: En. Sec. 61, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2133. Employee investment advisory council

19-3-2133. Employee investment advisory council.
(1) The board shall create an employee investment advisory council. The advisory council shall meet at least four times a year to:
(a) advise the board concerning the operation of the defined contribution plan, including the selection of the initial investment alternatives to be provided pursuant to 19-3-2122;
(b) advise the board about negotiating, contracting, or modifying services for the state deferred compensation plan provided for in chapter 50; and
(c) review existing deferred compensation plans and to advise the board on the administration of the program.
(2) The advisory council is not subject to 2-15-122, except for payment of travel expenses.
History: En. Sec. 62, Ch. 471, L. 1999; amd. Sec. 30, Ch. 490, L. 2001; amd. Sec. 52, Ch. 429, L. 2003; amd. Sec. 18, Ch. 283, L. 2009; amd. Sec. 15, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2134. Terminated

19-3-2134. Terminated.
Sec. 81(1), Ch. 471, L. 1999.
History: En. Sec. 63, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 3. Public Employees' Retirement System › Part 21. Defined Contribution Plan › 19-3-2142. Disability benefit recipients to remain members -- access to account prohibited

19-3-2142. Disability benefit recipients to remain members -- access to account prohibited.
A plan member who is receiving a disability benefit pursuant to 19-3-2141 remains a member of the retirement plan irrespective of employment status and may not receive a distribution from the member's retirement account.
History: En. Sec. 2, Ch. 423, L. 2001.