reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1010. Guaranteed annual benefit adjustment

19-13-1010. Guaranteed annual benefit adjustment.
(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.
(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.
(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.
(3) Except as provided in subsection (2)(b), a benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:
(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member either:
(i) first became an active member on or after July 1, 1997; or
(ii) filed a voluntary, irrevocable election to be covered under this section. The election must be filed with the board prior to January 1, 1998, and requires an active member to pay an increased contribution rate from July 1, 1997, forward. A retired member or the member's survivor who is receiving a monthly benefit before July 1, 1997, shall also file the voluntary, irrevocable election no later than January 1, 1998, to be covered under this section.
(4) The board shall adopt rules to administer the provisions of this section.
History: En. Sec. 3, Ch. 287, L. 1997; amd. Sec. 89, Ch. 562, L. 1999; amd. Sec. 7, Ch. 62, L. 2001; amd. Sec. 17, Ch. 149, L. 2001; amd. Sec. 8, Ch. 309, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1011. Election -- guaranteed annual benefit adjustment

19-13-1011. Election -- guaranteed annual benefit adjustment.
(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%.
(2) (a) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the adjustments amount to less than a 3% annualized increase, then the recipient's benefit must be adjusted by an amount that will provide a total annualized increase of 3% in the benefit paid since the preceding January.
(b) If a recipient's benefit payable during the preceding January has been increased by one or more adjustments not provided for in this section and the increases amount to more than a 3% annualized increase, then the benefit increase provided under this section must be 0%.
(3) A benefit recipient is eligible for and must receive the minimum annual benefit adjustment provided for in this section if:
(a) the benefit's commencement date is at least 12 months prior to January 1 of the year in which the adjustment is to be made; and
(b) the member either:
(i) first became an active member on or after July 1, 1997; or
(ii) filed a voluntary, irrevocable election to be covered under this section. The election:
(A) must be filed with the board prior to December 1, 2001; and
(B) requires an active member to pay an increased or revised contribution rate from January 1, 2002, forward.
(4) The board shall adopt rules to administer the provisions of this section.
(5) The decision of a member who elected to participate under 19-13-1010 remains valid. The decision of a member who elected not to participate under 19-13-1010 may be reversed under this section.
History: En. Sec. 18, Ch. 149, L. 2001; amd. Sec. 56, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 11. Reemployment of Retired Members › 19-13-1101. Reemployment of retired members -- contributions required

19-13-1101. Reemployment of retired members -- contributions required.
(1) A retired member who is receiving a service retirement benefit or early retirement benefit may return to employment covered by the retirement system for a period not to exceed 480 hours in any calendar year without returning to active service. The retirement benefit of a retired member in covered employment must be reduced by $1 for each $3 earned in excess of $5,000 in a calendar year.
(2) If a retired member returns to employment covered by the retirement system for more than 480 hours in a calendar year, the member returns to active service and the member's retirement benefit payments must cease until the member again terminates employment and retires.
(3) For each retired member who returns to work pursuant to subsection (1), the employer shall contribute the amount specified in 19-13-605 and the state shall contribute the amount specified in 19-13-604.
(4) The earned compensation of retired members who return to active service pursuant to subsection (2) is subject to the employee, state, and employer contributions set forth in 19-13-601, 19-13-604, and 19-13-605.
History: En. Sec. 37, Ch. 99, L. 2011; amd. Sec. 3, Ch. 239, L. 2013; amd. Sec. 37, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 11. Reemployment of Retired Members › 19-13-1102. Refunds and benefits for reemployed retired members

19-13-1102. Refunds and benefits for reemployed retired members.
(1) A retired member who returns to active service pursuant to 19-13-1101(2) and accrues less than 5 years of service credit before again terminating service:
(a) may not be awarded service credit for the period of reemployment;
(b) must, upon termination of service and pursuant to 19-2-602, receive a refund of the member's accumulated contributions associated with the service credit accrued upon returning to active service; and
(c) starting the first month following termination of service, must receive the same retirement benefit amount paid to the member in the month immediately prior to returning to active service.
(2) A retired member who returns to active service pursuant to 19-13-1101(2) and accrues at least 5 years of service credit before again terminating service must receive, starting the first month following termination of service:
(a) the same retirement benefit amount paid to the member in the month immediately prior to returning to active service; and
(b) a second retirement benefit calculated for the period of reemployment under 19-13-704 and the laws in effect as of the member's rehire date.
(3) Postretirement benefit adjustments will start to accrue as follows:
(a) for benefits under subsections (1)(c) and (2)(a), an eligible member is entitled to:
(i) a minimum benefit adjustment pursuant to 19-13-1007 when, immediately following the member's termination of service or retirement, whichever is applicable, a minimum benefit adjustment is granted to all eligible covered retirees; or
(ii) a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January immediately following the member's termination of service or retirement, whichever is applicable;
(b) for benefits under subsection (2)(b), an eligible member is entitled to a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January after the member has received the second retirement benefit for at least 12 months.
(4) A retired member who returns to active service pursuant to 19-13-1101(2) following retirement:
(a) is not eligible for a disability retirement; and
(b) may not accrue the postretirement benefit adjustments provided for in part 10 of this chapter during the member's term of reemployment.
History: En. Sec. 38, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 15. Retirement Adjustment (Repealed) › Part 1. General Provisions (Repealed) › 19-15-101. Repealed

19-15-101. Repealed.
Sec. 74, Ch. 18, L. 1995.
History: En. Sec. 4, Ch. 823, L. 1991; amd. Sec. 2, Ch. 10, Sp. L. January 1992.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 15. Retirement Adjustment (Repealed) › Part 1. General Provisions (Repealed) › 19-15-102. Repealed

19-15-102. Repealed.
Sec. 74, Ch. 18, L. 1995.
History: En. Sec. 5, Ch. 823, L. 1991; amd. Sec. 3, Ch. 10, Sp. L. January 1992.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-101. Short title

19-17-101. Short title.
This chapter shall be known and may be cited as the "Volunteer Firefighters' Compensation Act".
History: En. Sec. 1, Ch. 65, L. 1935; re-en. Sec. 5158.1, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2020; Sec. 19-12-101, MCA 1991; redes. 19-17-101 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-104. Repealed

19-17-104. Repealed.
Sec. 28, Ch. 64, L. 2011.
History: En. Sec. 12, Ch. 65, L. 1935; re-en. Sec. 5158.12, R.C.M. 1935; amd. Sec. 30, Ch. 157, L. 1977; R.C.M. 1947, 11-2031; amd. Sec. 31, Ch. 114, L. 1979; Sec. 19-12-104, MCA 1991; redes. 19-17-104 by Code Commissioner, 1993; amd. Sec. 119, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-105. Duties of volunteer firefighters

19-17-105. Duties of volunteer firefighters.
The duties of a volunteer firefighter include any activity authorized by an officer of the fire company relating to travel to, participation in, and return from calls for fire protection, fire company meetings, training, medical assistance, search and rescue assistance, public service activities, such as parades, and calls for assistance to protect individual or public health and safety.
History: En. Sec. 2, Ch. 49, L. 1983; Sec. 19-12-105, MCA 1991; redes. 19-17-105 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-106. Pension trust fund established -- restrictions on use

19-17-106. Pension trust fund established -- restrictions on use.
(1) A pension trust fund is established and maintained for payment of claims and benefits provided under the Volunteer Firefighters' Compensation Act.
(2) The pension trust fund must be funded on an actuarially sound basis. For purposes of this subsection, "actuarially sound basis" means that contributions must be sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing benefits as they accrue in the future and the cost of amortizing unfunded liabilities over a scheduled period of no more than 30 years.
(3) Except as provided in this section, a member or an employee of the board or the board of investments may not:
(a) have any interest, direct or indirect, in the making of any investment or in the gains or profits accruing from the pension trust fund;
(b) directly or indirectly, for the member or employee or as an agent or partner of others, borrow from the pension trust fund or deposits;
(c) in any manner use the pension trust fund except to make current and necessary payments that are authorized by the board; or
(d) become an endorser or surety as to or in any manner an obligor for investments for the pension trust fund.
(4) The assets of the pension trust fund may not be used for or diverted to any purpose other than for the exclusive benefit of members, their surviving spouses, and their dependent children, for supplemental payments for qualified fire companies, and for paying the reasonable administrative expenses of administering this chapter.
(5) Upon the termination of the pension trust fund, the substantial reduction in the number of members that would constitute a partial termination of the pension trust fund, or the complete discontinuance of contributions to the pension trust fund, the pension benefit accrued to each member directly affected by the occurrence becomes fully vested and nonforfeitable to the extent that the benefit is funded.
History: En. Sec. 1, Ch. 175, L. 1995; amd. Sec. 91, Ch. 562, L. 1999; amd. Sec. 120, Ch. 99, L. 2001; amd. Sec. 6, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-107. Employment of actuary -- annual investigation

19-17-107. Employment of actuary -- annual investigation.
(1) The board shall retain a competent actuary who is an enrolled member of the American academy of actuaries and who is familiar with public pension systems. The actuary is the technical adviser to the board on matters regarding the actuarial funding of the pension trust fund.
(2) The board shall require the actuary to make an annual actuarial valuation of the assets and liabilities of the pension trust fund. The actuarial valuation must include the sufficiency of the fund to pay full and partial benefits to members and benefit recipients and must include recommendations for any changes that should be made to those benefits or the contributions to the pension trust fund to ensure the actuarial soundness of the pension trust fund.
(3) The board shall require the actuary to conduct periodic actuarial experience studies of the pension trust fund and to recommend any changes in actuarial assumptions or tables based upon the studies.
History: En. Sec. 2, Ch. 175, L. 1995; amd. Sec. 33, Ch. 283, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-108. Credit for service as volunteer firefighter -- records

19-17-108. Credit for service as volunteer firefighter -- records.
(1) The annual period of service that may be credited under this chapter is the fiscal year. A fractional part of a year may not count toward the service required for participation in this system. To be eligible to receive credit for any particular year, a volunteer firefighter shall serve throughout the entire fiscal year with a single fire company that is organized under Title 7, chapter 33, and continues to meet the requirements of 19-17-109.
(2) The years of service are cumulative and need not be continuous. Separate periods of service properly credited with different fire companies must be credited toward a member's eligibility for benefits.
(3) A volunteer firefighter may not receive credit for service during any fiscal year unless:
(a) during the fiscal year, the volunteer firefighter completes a minimum of 30 hours of training in firefighting duties as outlined in 19-17-105 under a formal program that has been formulated, supervised, and certified to the board by the chief or designated official of the fire company; and
(b) the volunteer firefighter's participation in the training program is documented in the fire company's records maintained pursuant to 19-17-111 by the chief or designated official.
History: En. Sec. 3, Ch. 175, L. 1995; amd. Sec. 92, Ch. 562, L. 1999; amd. Sec. 114, Ch. 429, L. 2003; amd. Sec. 1, Ch. 212, L. 2005; amd. Sec. 68, Ch. 329, L. 2005; amd. Sec. 27, Ch. 128, L. 2007; amd. Sec. 8, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-109. Eligible fire company

19-17-109. Eligible fire company.
To be eligible to participate under this chapter, a fire company shall provide to the board documentation of the following:
(1) the fire company's name and mailing address;
(2) the name of the fire chief and designated official, if any;
(3) the portion of the fire district serviced by the fire company;
(4) that the area serviced is located in an unincorporated area;
(5) that the fire company maintains firefighting equipment that is in serviceable condition and owns, rents, or uses one or more buildings for the storage of the equipment. The equipment and buildings must be valued at $12,000 or more.
(6) that the fire company was properly established by a governing board. Documentation under this subsection (6) must consist of:
(a) a copy of the minutes of the meeting during which the governing board established the fire company; or
(b) if the meeting minutes are unavailable, a copy of its first filing with the county clerk pursuant to 7-33-2311.
History: En. Sec. 7, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-110. Allowable payments to volunteer firefighters

19-17-110. Allowable payments to volunteer firefighters.
(1) Allowable payments to volunteer firefighters include:
(a) payments of money reimbursed for documented expenses; and
(b) an allowance, including a stipend or per diem, that may not exceed $3,000 in a calendar year.
(2) Compensation, as defined in 19-17-102, is not an allowable payment.
(3) Records of all payments and allowances must be maintained pursuant to 19-17-111.
History: En. Sec. 9, Ch. 64, L. 2011; amd. Sec. 1, Ch. 230, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-111. Records information management

19-17-111. Records information management.
(1) The chief or designated official of a fire company shall maintain the records provided for in 19-17-108 and 19-17-110 for each active or inactive member of the fire company.
(2) Records must be maintained according to the state of Montana general records retention schedules, as published by the secretary of state pursuant to Title 2, chapter 6, part 11.
History: En. Sec. 10, Ch. 64, L. 2011; amd. Sec. 46, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-112. Filing required reports -- limitations

19-17-112. Filing required reports -- limitations.
(1) The chief or designated official of each fire company that claims eligibility under this chapter shall, on or before September 1 of each year, file with the board an annual certificate, the current year's roster, and a membership card for each new member.
(2) (a) The annual certificate is a form reporting a fire company's membership eligibility for the previous fiscal year.
(b) The annual certificate must be completed on a form prescribed by the board and contain the date of organization of the fire company and the full name and date of birth of each member of the fire company who was a member for the entire fiscal year and who successfully completed 30 hours of training during the preceding fiscal year, as required by 19-17-108.
(c) The chief or designated official shall subscribe and verify that the fire company and members qualified under 19-17-108 and 19-17-109.
(d) The board shall maintain the certificate for the purpose of establishing service for members and eligibility for benefits.
(3) The roster must be signed by the fire chief or designated official, filed with the board, and contain information in writing that provides the names of the fire company, its date of organization, officers, and roll of active and inactive members for the current fiscal year. A roster may be updated to report new members but may not be retroactive.
(4) A membership form must be completed and filed with the board for each member who was a member on or before July 1, 2011, and for each new member who joins after July 1, 2011.
(5) The current fire chief shall file any late or amended annual certificates and the associated certified training records within 3 years of the original annual certificate due date. An annual certificate may be amended only once. The board shall consider and may approve filings up to 3 years after the original due date. Information provided to the board by the fire chief must be in accordance with the board's rules.
(6) The current fire chief may request to appear before the board for consideration of the request to file a late or amended annual certificate.
History: En. Sec. 11, Ch. 64, L. 2011; amd. Sec. 1, Ch. 96, L. 2013; amd. Sec. 28, Ch. 248, L. 2015; amd. Sec. 39, Ch. 195, L. 2017; amd. Sec. 18, Ch. 400, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-113. Corrections, audits, and penalties

19-17-113. Corrections, audits, and penalties.
(1) If fraud or error results in a member, surviving spouse, or dependent child receiving more or less of a benefit than that to which the member, surviving spouse, or dependent child is entitled, then on the discovery of the error the board shall correct the credit for service and, if necessary, equitably adjust the payments.
(2) The board may require a fire company to furnish additional information concerning members in connection with an audit or a claim for benefits or service.
(3) Upon discovery of falsified information, the fire company shall submit any and all requested documentation to the board.
(4) A person required to make a statement or affidavit by this chapter who willfully falsifies the statement or affidavit or a person who files a false claim under this chapter is guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding $1,000 or be imprisoned for a term not exceeding 1 year, or both.
History: En. Sec. 12, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 1. General Provisions › 19-17-117. Volunteer Firefighters' Compensation Act benefit policy statement

19-17-117. Volunteer Firefighters' Compensation Act benefit policy statement.
It is the policy of the state that additional benefits may not be added to the Volunteer Firefighters' Compensation Act unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
History: En. Sec. 8, Ch. 2, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 2. Administration of Fund › 19-17-201. Administration of chapter

19-17-201. Administration of chapter.
(1) The board is the trustee of all money collected under this chapter and has exclusive control of the administration of the pension trust fund except as otherwise provided by law.
(2) The board shall deposit in the state treasury all amounts received by it as provided in this chapter.
(3) The state treasurer is the custodian of the pension trust fund, subject to the control of the board for the administration of the fund and the board of investments for the investment of the fund.
(4) The board shall review the benefits provided under this chapter and recommend to the legislature those changes in benefits that may be available for retired members and their beneficiaries.
(5) (a) Disputes regarding credited years of service must be resolved, either by staff of the board and the member or by the board prior to the commencement of the retirement or disability benefit.
(b) Payment of the benefit will be retroactive to the month following the month the retirement application was received by the board.
History: En. Sec. 7, Ch. 65, L. 1935; re-en. Sec. 5158.7, R.C.M. 1935; amd. Sec. 193, Ch. 147, L. 1963; amd. Sec. 1, Ch. 160, L. 1967; amd. Sec. 4, Ch. 132, L. 1977; amd. Sec. 26, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2026; amd. Sec. 3, Ch. 57, L. 1983; amd. Sec. 7, Ch. 481, L. 1993; Sec. 19-12-201, MCA 1991; redes. 19-17-201 by Code Commissioner, 1993; amd. Sec. 6, Ch. 175, L. 1995; amd. Sec. 13, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 2. Administration of Fund › 19-17-202. Reports of board

19-17-202. Reports of board.
(1) As soon as practical after the close of each fiscal year, the board shall file with the governor a report covering administration of the Volunteer Firefighters' Compensation Act for that fiscal year.
(2) The report must include:
(a) a statement of the accumulated cash and securities in the pension trust fund as certified by the state treasurer and the board of investments; and
(b) the most recent published report of the actuary of the actuarial valuation of the assets and liabilities of the plan.
History: En. Sec. 10, Ch. 65, L. 1935; re-en. Sec. 5158.10, R.C.M. 1935; amd. Sec. 5, Ch. 118, L. 1965; amd. Sec. 1, Ch. 159, L. 1967; amd. Sec. 28, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2029; amd. Sec. 4, Ch. 57, L. 1983; (3)En. Sec. 1, Ch. 81, L. 1991; amd. Sec. 38, Ch. 10, L. 1993; amd. Sec. 1, Ch. 283, L. 1993; Sec. 19-12-202, MCA 1991; redes. 19-17-202 by Code Commissioner, 1993; amd. Sec. 121, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 2. Administration of Fund › 19-17-203. Rules to be made by board

19-17-203. Rules to be made by board.
The board shall make rules that it considers necessary and advisable in its administration of the Volunteer Firefighters' Compensation Act and that are not inconsistent with the provisions of the Volunteer Firefighters' Compensation Act.
History: En. Sec. 8, Ch. 65, L. 1935; re-en. Sec. 5158.8, R.C.M. 1935; amd. Sec. 2, Ch. 160, L. 1967; amd. Sec. 4, Ch. 132, L. 1977; amd. Sec. 27, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2027(1); amd. Sec. 5, Ch. 57, L. 1983; Sec. 19-12-203, MCA 1991; redes. 19-17-203 by Code Commissioner, 1993; amd. Sec. 14, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 2. Administration of Fund › 19-17-204. Administrative expenses

19-17-204. Administrative expenses.
Necessary expenses for the administration of the Volunteer Firefighters' Compensation Act are a charge against the pension trust fund. The necessary administrative expenses attributable to this chapter must be paid from the investment earnings on the public employees' pension trust fund. Before fiscal yearend closing, the board shall compute the expenses directly or proportionally attributable to this chapter over the past fiscal year and transfer that amount from the Volunteer Firefighters' Compensation Act fund to the public employees' pension trust fund.
History: En. Sec. 8, Ch. 65, L. 1935; re-en. Sec. 5158.8, R.C.M. 1935; amd. Sec. 2, Ch. 160, L. 1967; amd. Sec. 4, Ch. 132, L. 1977; amd. Sec. 27, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2027(2); amd. Sec. 6, Ch. 57, L. 1983; Sec. 19-12-204, MCA 1991; redes. 19-17-204 by Code Commissioner, 1993; amd. Sec. 7, Ch. 175, L. 1995; amd. Sec. 93, Ch. 562, L. 1999; amd. Sec. 15, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 2. Administration of Fund › 19-17-205. Payments to fire companies maintaining supplemental insurance

19-17-205. Payments to fire companies maintaining supplemental insurance.
To encourage and aid fire companies to maintain supplemental insurance to provide benefits when members are injured or killed while performing duties as volunteer firefighters, the board shall authorize payment of $75 per year for each motorized mobile unit of firefighting equipment, not to exceed $150 per fire company per year. Payment must be a charge against the pension trust fund and must be paid to each fire company maintaining supplemental insurance or to the organization or agency maintaining supplemental insurance for a fire company.
History: En. Sec. 3, Ch. 65, L. 1935; re-en. Sec. 5158.3, R.C.M. 1935; amd. Sec. 1, Ch. 37, L. 1957; amd. Sec. 1, Ch. 118, L. 1965; amd. Sec. 3, Ch. 160, L. 1967; amd. Sec. 1, Ch. 80, L. 1971; amd. Sec. 1, Ch. 199, L. 1973; amd. Sec. 1, Ch. 69, L. 1975; amd. Sec. 1, Ch. 90, L. 1977; amd. Sec. 1, Ch. 95, L. 1977; amd. Sec. 21, Ch. 157, L. 1977; amd. Sec. 2, Ch. 480, L. 1977; amd. Sec; 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2022(4); amd. Sec. 2, Ch. 57, L. 1983; Sec. 19-12-103, MCA 1991; redes. 19-17-103 by Code Commissioner, 1993; amd. Sec. 5, Ch. 175, L. 1995; Sec. 19-17-103, MCA 2009; redes. 19-17-205 by Sec. 29, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 3. Contributions to Fund › 19-17-301. Fire insurance premium tax to be paid into pension trust fund

19-17-301. Fire insurance premium tax to be paid into pension trust fund.
The state auditor shall annually pay from the general fund to the pension trust fund a sum equivalent to 5% of the premium taxes collected from insurers authorized to effect insurance against risks enumerated in 50-3-109. The sum must be computed before the amounts provided for by 19-13-604, and 19-18-512 are deducted. The money must be used for the payment of claims, benefits, and administrative costs as provided in this chapter. The money is statutorily appropriated as provided in 17-7-502.
History: En. Sec. 11, Ch. 65, L. 1935; re-en. Sec. 5158.11, R.C.M. 1935; amd. Sec. 1, Ch. 125, L. 1947; amd. Sec. 1, Ch. 164, L. 1959; amd. Sec. 191, Ch. 147, L. 1963; amd. Sec. 2, Ch. 204, L. 1975; amd. Sec. 4, Ch. 95, L. 1977; amd. Sec. 29, Ch. 157, L. 1977; amd. Sec. 3, Ch. 480, L. 1977; R.C.M. 1947, 11-2030; amd. Sec. 1, Ch. 313, L. 1981; amd. Sec. 61, Ch. 566, L. 1981; amd. Sec. 28, Ch. 703, L. 1985; Sec. 19-12-301, MCA 1991; redes. 19-17-301 by Code Commissioner, 1993; amd. Sec. 8, Ch. 175, L. 1995; amd. Secs. 28, 39(2)(a), Ch. 532, L. 1997.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 3. Contributions to Fund › 19-17-302. Investment of pension trust fund

19-17-302. Investment of pension trust fund.
(1) The pension trust fund must be invested by the board of investments as part of the unified investment program described in Title 17, chapter 6, part 2.
(2) All income earned on any assets constituting a part of the pension trust fund must be paid into the pension trust fund as received.
(3) For investment purposes, the pension trust fund may be commingled with other pension funds administered by the board, but a separate account must be maintained for each system.
History: En. Sec. 9, Ch. 65, L. 1935; re-en. Sec. 5158.9, R.C.M. 1935; amd. Sec. 194, Ch. 147, L. 1963; amd. Sec. 3, Ch. 95, L. 1977; R.C.M. 1947, 11-2028; Sec. 19-12-302, MCA 1991; redes. 19-17-302 by Code Commissioner, 1993; amd. Sec. 9, Ch. 175, L. 1995.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-401. Eligibility for pension benefits

19-17-401. Eligibility for pension benefits.
(1) To qualify for a full or partial pension benefit under this chapter, a member must meet the requirements of subsections (2) and (3).
(2) (a) For a full pension benefit, a member must have completed 20 years of service and must have attained 55 years of age, but need not be an active member of a fire company when 55 years of age is reached.
(b) A member who does not complete at least 20 years of service may qualify for a partial pension benefit if the member has completed at least 10 years of service and has attained 60 years of age, but need not be an active member of any fire company when 60 years of age is reached.
(3) Except as provided in 19-17-412:
(a) to receive a pension benefit, a volunteer firefighter may not be an active member of any fire company; and
(b) a volunteer firefighter who receives a pension benefit under this chapter may not become an active member of any fire company.
History: En. Sec. 4, Ch. 65, L. 1935; re-en. Sec. 5158.4, R.C.M. 1935; amd. Sec. 2, Ch. 118, L. 1965; amd. Sec. 1, Ch. 161, L. 1967; amd. Sec. 1, Ch. 46, L. 1969; amd. Sec. 2, Ch. 80, L. 1971; amd. Sec. 2, Ch. 199, L. 1973; amd. Sec. 1, Ch. 48, L. 1975; amd. Sec. 22, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2023(2); amd. Sec. 1, Ch. 177, L. 1981; amd. Sec. 66, Ch. 464, L. 1987; amd. Sec. 2, Ch. 283, L. 1993; Sec. 19-12-401, MCA 1991; redes. 19-17-401 by Code Commissioner, 1993; amd. Sec. 10, Ch. 175, L. 1995; amd. Sec. 122, Ch. 99, L. 2001; amd. Sec. 1, Ch. 164, L. 2001; amd. Sec. 1, Ch. 262, L. 2003; amd. Sec. 1, Ch. 391, L. 2005; amd. Sec. 28, Ch. 128, L. 2007; amd. Sec. 34, Ch. 283, L. 2009; amd. Sec. 16, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-402. Repealed

19-17-402. Repealed.
Sec. 28, Ch. 64, L. 2011.
History: En. 11-2020.2 by Sec. 20, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2020.2; amd. Sec. 7, Ch. 57, L. 1983; Sec. 19-12-402, MCA 1991; redes. 19-17-402 by Code Commissioner, 1993; amd. Sec. 2, Ch. 137, L. 1995; amd. Sec. 11, Ch. 175, L. 1995; amd. Sec. 115, Ch. 429, L. 2003; amd. Sec. 29, Ch. 128, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-403. Application for benefits

19-17-403. Application for benefits.
(1) A member may, as provided in this section, apply for retirement benefits before terminating service, but commencement of the benefits must be as provided in 19-17-411.
(2) A member, surviving spouse, or dependent child shall apply for benefits on a form provided by the board.
(3) The application must contain:
(a) the name, address, and date of birth of the member, surviving spouse, or dependent child;
(b) the date of birth of the member;
(c) the date of the member's death, if applicable; and
(d) the fiscal years during which service as an active member is claimed and the names of the fire companies with which the service was rendered.
(4) The board may require any proof of age, death, and service that it may consider proper, but it must accept a certificate properly completed and timely filed under 19-17-112 as prima facie proof of service.
History: En. Sec. 5, Ch. 65, L. 1935; re-en. Sec. 5158.5, R.C.M. 1935; amd. Sec. 3, Ch. 118, L. 1965; amd. Sec. 4, Ch. 160, L. 1967; amd. Sec. 3, Ch. 80, L. 1971; amd. Sec. 23, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2024(2); amd. Sec. 8, Ch. 57, L. 1983; Sec. 19-12-403, MCA 1991; redes. 19-17-403 by Code Commissioner, 1993; amd. Sec. 12, Ch. 175, L. 1995; amd. Sec. 123, Ch. 99, L. 2001; amd. Sec. 116, Ch. 429, L. 2003; amd. Sec. 17, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-404. Amount of pension benefits

19-17-404. Amount of pension benefits.
(1) A member is eligible to receive a pension benefit as provided in this section.
(2) (a) Except as provided in subsection (2)(c), the full pension benefit paid to an eligible member is $175 a month.
(b) A partial pension benefit paid to an eligible member is calculated by multiplying the full pension benefit in subsection (2)(a) by a fraction, the numerator of which is the eligible member's years of service and the denominator of which is 20.
(c) Except as provided in subsection (3), the full pension benefit of a member who continued to be an active member after completing 20 years of service must be increased by $7.50 a month for each additional year of active service the member completed after 20 years of service, up to 30 total years of service.
(3) (a) Subject to subsection (3)(b), the pension benefit of a member who continues to be a member after completing 30 years of credited service must be increased by $7.50 a month for each additional year of credited service after 30 years if the pension trust fund is actuarially sound and the amortization period for any unfunded liabilities remains 20 years or less.
(b) A member does not have a contract right to any additional pension benefits received pursuant to subsection (3)(a), and the member's monthly benefit must be reduced to the amount provided under subsection (2)(c) if the amortization period for the unfunded liabilities is greater than 20 years.
(c) This subsection (3) applies only to members who retire after July 1, 2011.
History: En. Sec. 3, Ch. 65, L. 1935; re-en. Sec. 5158.3, R.C.M. 1935; amd. Sec. 1, Ch. 37, L. 1957; amd. Sec. 1, Ch. 118, L. 1965; amd. Sec. 3, Ch. 160, L. 1967; amd. Sec. 1, Ch. 80, L. 1971; amd. Sec. 1, Ch. 199, L. 1973; amd. Sec. 1, Ch. 69, L. 1975; amd. Sec. 1, Ch. 90, L. 1977; amd. Sec. 1, Ch. 95, L. 1977; amd. Sec. 21, Ch. 157, L. 1977; amd. Sec. 2, Ch. 480, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2022(5)(a) thru (5)(c); amd. Sec. 1, Ch. 24, L. 1983; amd. Sec. 9, Ch. 57, L. 1983; amd. Sec. 2, Ch. 81, L. 1991; amd. Sec. 3, Ch. 283, L. 1993; Sec. 19-12-404, MCA 1991; redes. 19-17-404 by Code Commissioner, 1993; amd. Sec. 13, Ch. 175, L. 1995; amd. Sec. 124, Ch. 99, L. 2001; amd. Sec. 1, Ch. 209, L. 2001; amd. Sec. 2, Ch. 262, L. 2003; amd. Sec. 2, Ch. 391, L. 2005; amd. Sec. 18, Ch. 64, L. 2011; amd. Sec. 1, Ch. 195, L. 2011; amd. Sec. 1, Ch. 355, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-405. Survivorship benefits to surviving spouse or dependent children

19-17-405. Survivorship benefits to surviving spouse or dependent children.
(1) Subject to subsection (2) and the limitation in subsection (4), survivorship benefits equal to the full or partial pension benefits otherwise payable to the deceased member must be paid or continue to be paid to:
(a) the surviving spouse, unless the spouse is convicted of knowingly, purposely, or intentionally causing a member's death or disability;
(b) the dependent children upon the spouse's death; or
(c) if the deceased member left no surviving spouse but left a dependent child, to the guardian or other person having custody of the dependent child.
(2) Benefits payable to a dependent child must be paid pursuant to 19-2-803.
(3) The survivorship benefit must be paid in each of the following circumstances:
(a) the death on or after July 1, 1995, of a member who had at least 10 years of service and who was not receiving pension benefits; or
(b) the death on or after July 1, 1985, of a retired member who was receiving pension benefits but who had not received benefits for a total of 40 months.
(4) Survivorship benefits under subsection (1) terminate when benefits have been paid for a total of 40 months, including any pension or disability benefits paid to the retiree before death. At the request of the recipient, a lump-sum payment may be made in lieu of up to 40 months of survivorship benefits.
History: En. Sec. 6, Ch. 65, L. 1935; re-en. Sec. 5158.6, R.C.M. 1935; amd. Sec. 192, Ch. 147, L. 1963; amd. Sec. 4, Ch. 118, L. 1965; amd. Sec. 4, Ch. 80, L. 1971; amd. Sec. 1, Ch. 168, L. 1974; amd. Sec. 7, Ch. 535, L. 1975; amd. Sec. 2, Ch. 95, L. 1977; amd. Sec. 25, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2025(3), (4); amd. Sec. 1, Ch. 130, L. 1985; Sec. 19-12-405, MCA 1991; redes. 19-17-405 by Code Commissioner, 1993; amd. Sec. 14, Ch. 175, L. 1995; amd. Sec. 125, Ch. 99, L. 2001; amd. Sec. 117, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-406. Termination of pension when no surviving spouse or child

19-17-406. Termination of pension when no surviving spouse or child.
If a deceased volunteer firefighter leaves neither a surviving spouse nor a child under 18 years of age, the firefighter's pension must terminate at the end of the month prior to the month in which the death occurs.
History: En. Sec. 6, Ch. 65, L. 1935; re-en. Sec. 5158.6, R.C.M. 1935; amd. Sec. 192, Ch. 147, L. 1963; amd. Sec. 4, Ch. 118, L. 1965; amd. Sec. 4, Ch. 80, L. 1971; amd. Sec. 1, Ch. 168, L. 1974; amd. Sec. 7, Ch. 535, L. 1975; amd. Sec. 2, Ch. 95, L. 1977; amd. Sec. 25, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2025(5); Sec. 19-12-406, MCA 1991; redes. 19-17-406 by Code Commissioner, 1993; amd. Sec. 235, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-407. Exemption from legal process

19-17-407. Exemption from legal process.
(1) Except as provided in 19-2-907, 19-2-909, and subsection (2) of this section, benefits received under this part are not subject to execution, garnishment, attachment, or any other process.
(2) The right of a person to any benefit or payment and the money in the plan's pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:
(a) a United States tax lien or levy for past-due taxes; and
(b) execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. 3613.
History: En. Sec. 6, Ch. 65, L. 1935; re-en. Sec. 5158.6, R.C.M. 1935; amd. Sec. 192, Ch. 147, L. 1963; amd. Sec. 4, Ch. 118, L. 1965; amd. Sec. 4, Ch. 80, L. 1971; amd. Sec. 1, Ch. 168, L. 1974; amd. Sec. 7, Ch. 535, L. 1975; amd. Sec. 2, Ch. 95, L. 1977; amd. Sec. 25, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2025(2); amd. Sec. 10, Ch. 57, L. 1983; amd. Sec. 20, Ch. 282, L. 1983; amd. Sec. 15, Ch. 823, L. 1991; Sec. 19-12-407, MCA 1991; redes. 19-17-407 by Code Commissioner, 1993; amd. Sec. 15, Ch. 175, L. 1995; amd. Sec. 126, Ch. 99, L. 2001; amd. Sec. 69, Ch. 329, L. 2005; amd. Sec. 3, Ch. 382, L. 2009; amd. Sec. 40, Ch. 195, L. 2017; amd. Sec. 43, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-411. Time benefits commence

19-17-411. Time benefits commence.
(1) The pension benefit payable pursuant to this part may commence on:
(a) the first day of the month following the eligible member's last day of service; or
(b) the first day of a later month following filing of the written application.
(2) The benefit may not commence prior to the date of the board's decision regarding any disputed credited years of service pursuant to 19-17-201.
(3) Monthly survivorship benefits payable pursuant to this part must commence the first day of the month following the day of death of the member.
History: En. Sec. 128, Ch. 99, L. 2001; amd. Sec. 19, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 4. Pension and Survivorship Benefits › 19-17-412. Return to service

19-17-412. Return to service.
(1) A retired member may return to service with a fire company without loss of benefits.
(2) A retired member returning to service under this section is not considered an active member of the fire company and may not earn any additional credit for service.
(3) The fire chief shall prescribe the duties of any retired member returning to service.
History: En. Sec. 20, Ch. 64, L. 2011; amd. Sec. 41, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 17. Volunteer Firefighters' Compensation Act › Part 5. Medical and Funeral Expenses › 19-17-501. Eligibility for medical and funeral expenses

19-17-501. Eligibility for medical and funeral expenses.
(1) To qualify for medical expenses under 19-17-502, a volunteer firefighter must be a member of an eligible fire company that is not covered by workers' compensation insurance and must be listed on the fire company roster in the year when the injury or illness occurs. The injury or illness must have occurred in the line of duty, as described in 19-17-105.
(2) To qualify for funeral expenses under 19-17-503, a volunteer firefighter must, at the time of death, be a member of an eligible fire company and must be listed on the fire company roster in the year the death occurs. The death must have occurred in the line of duty, as described in 19-17-105.
History: En. Sec. 4, Ch. 65, L. 1935; re-en. Sec. 5158.4, R.C.M. 1935; amd. Sec. 2, Ch. 118, L. 1965; amd. Sec. 1, Ch. 161, L. 1967; amd. Sec. 1, Ch. 46, L. 1969; amd. Sec. 2, Ch. 80, L. 1971; amd. Sec. 2, Ch. 199, L. 1973; amd. Sec. 1, Ch. 48, L. 1975; amd. Sec. 1, Ch. 233, L. 1975; amd. Sec. 22, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2023(1); amd. Sec. 3, Ch. 129, L. 1991; Sec. 19-12-501, MCA 1991; redes. 19-17-501 by Code Commissioner, 1993; amd. Sec. 18, Ch. 175, L. 1995; amd. Sec. 21, Ch. 64, L. 2011.