reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-103. Firefighters' unified retirement system established

19-13-103. Firefighters' unified retirement system established.
A retirement plan is established and known as the firefighters' unified retirement system. The plan is governed by the provisions of chapter 2 and this chapter.
History: En. Sec. 3, Ch. 566, L. 1981; amd. Sec. 205, Ch. 265, L. 1993; amd. Sec. 80, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-106. Repealed

19-13-106. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 6, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-109. Repealed

19-13-109. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 9, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-111. Firefighters' unified retirement system benefit policy statement

19-13-111. Firefighters' unified retirement system benefit policy statement.
It is the policy of the state that additional benefits may not be added to the firefighters' unified retirement system unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.
History: En. Sec. 7, Ch. 2, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 1. General Provisions › 19-13-115. Firefighter's association to advise board

19-13-115. Firefighter's association to advise board.
The Montana state firefighter's association shall serve as an advisor to the board and may meet quarterly with the board to discuss matters relating to the administration of this chapter. The association may review all medical and legal information available to the board relating to service, disability, and survivorship benefits of an individual member upon a written release of the member or the member's survivor.
History: En. Sec. 10, Ch. 566, L. 1981; amd. Sec. 207, Ch. 265, L. 1993; Sec. 19-13-201, MCA 1991; redes. 19-13-115 by Code Commissioner, 1993; amd. Sec. 5, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-202. Repealed

19-13-202. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 11, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-203. Repealed

19-13-203. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 12, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-204. Repealed

19-13-204. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 13, Ch. 566, L. 1981; amd. Sec. 22, Ch. 282, L. 1983.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-205. Terminated

19-13-205. Terminated.
Sec. 7, Ch. 328, L. 1987.
History: En. Sec. 3, Ch. 328, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-210. Participation in retirement system

19-13-210. Participation in retirement system.
(1) Cities of the first and second class that employ full-paid firefighters shall participate in the retirement system. If a city of the first or second class is reduced to a city of the third class or a town under 7-1-4118, it shall continue to participate in the retirement system as long as it has retired firefighters or survivors eligible to receive retirement benefits.
(2) Firefighters hired by the Montana air national guard on or after October 1, 2001, or on or after the date of the execution of an agreement between the department of military affairs and the board, whichever is later, shall participate in the retirement system.
(3) (a) A city that is not covered under subsection (1) and that has full-paid firefighters covered by the public employees' retirement system and any rural fire district department with full-paid firefighters covered by the public employees' retirement system may elect to be covered under the retirement system as provided in 19-13-211.
(b) An election by a city fire department to be covered by the retirement system must be made through adoption of an ordinance stating that the governing body of the city agrees to be bound by the provisions of the retirement system.
(c) A similar election may be made by a rural fire district through adoption of a resolution stating that the governing body of the fire district agrees to be bound by the provisions of the retirement system.
(d) The ordinance or resolution must specify the effective date of the election. The provisions of the retirement system become applicable on the effective date specified in the adopted ordinance or resolution. A certified copy of the ordinance or resolution must be provided to the board.
(4) The following are the terms and conditions of an election to join the retirement system pursuant to subsection (3):
(a) Each firefighter employed by the fire department before the effective date of the election must be given 90 days from the effective date of the election to make an individual, one-time, irrevocable election to remain in the public employees' retirement system or to join the retirement system. Failure to make an election under this subsection (4)(a) must be considered an election to remain in the public employees' retirement system.
(b) Each firefighter employed by the fire department who is hired on or after the effective date of the election must be covered by the retirement system.
(c) A firefighter electing to join the retirement system may retain prior service in the public employees' retirement system or purchase the prior service and transfer that prior service to the retirement system as provided for in 19-2-715.
History: En. Sec. 5, Ch. 566, L. 1981; amd. Sec. 208, Ch. 265, L. 1993; Sec. 19-13-105, MCA 1991; redes. 19-13-210 by Code Commissioner, 1993; amd. Sec. 2, Ch. 290, L. 2001; amd. Sec. 1, Ch. 299, L. 2007; amd. Sec. 22, Ch. 284, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-211. Election to join retirement system -- transfer of assets

19-13-211. Election to join retirement system -- transfer of assets.
(1) Except for cities with only volunteer firefighters, a city other than one described in 19-13-210 may, after July 1, 1981, elect to join the retirement system by passing an ordinance stating the election and the consent of the city to be bound by the provisions of this retirement system. The fire department relief association of the city may pass a resolution to the same effect. Upon the enactment of the ordinance and passage of the resolution, the provisions of this retirement system become applicable to the city. Any city that enacts an election ordinance and in which the fire department relief association passes a resolution shall send certified copies to the board and shall, as soon as possible, deposit into the pension trust fund all cash and securities held by its fire department relief association. The value of the securities must be determined by the board.
(2) The board of trustees of the fire department relief association as of the effective date of the election shall certify the proportion, if any, of the funds of the association that represents the accumulated contributions of the active members and the relative shares of the members as of that date. Following the transfer of the cash and securities required by subsection (1) and the certification required by this subsection, the fire department relief association may conclude its affairs. The shares of the members must be charged to the employer and credited to the respective members in the retirement system and administered as if the contributions had been made during membership in the retirement system. Any excess of employer credits over charges under this section must be offset, with interest, against future required employer contributions. Any excess of employer charges over credits under this section are payable by the employer, with interest, on a basis determined by the procedure described in 19-13-213.
History: En. Sec. 8, Ch. 566, L. 1981; amd. Sec. 209, Ch. 265, L. 1993; Sec. 19-13-108, MCA 1991; redes. 19-13-211 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-212. Termination of participation in retirement system or reduction of employer contributions

19-13-212. Termination of participation in retirement system or reduction of employer contributions.
(1) If an employer voluntarily terminates its participation in or contributions to the retirement system or significantly reduces the number of full-paid firefighters it employs to a degree that, in the board's opinion, inadequately funds the accrued or accruing benefits of retirement system members, the board shall request an actuarial valuation of the liabilities of the employer to the retirement system.
(2) Based on the actuarial valuation, the board may request and the employer shall pay annually the amount determined to be necessary to provide adequate funding for the liabilities of the employer and to cover the cost of the actuarial valuation to determine those liabilities. This amount must be in addition to any other contributions required by the retirement act.
(3) Six years after the actuarial investigation is conducted, an employer making payments as provided in subsection (2) may request the board to review the employer's funding status relative to the annual payments. As a result of the review, the board may adjust the payments.
History: En. Sec. 1, Ch. 468, L. 1983; amd. Sec. 210, Ch. 265, L. 1993; Sec. 19-13-110, MCA 1991; redes. 19-13-212 by Code Commissioner, 1993; amd. Sec. 3, Ch. 290, L. 2001; amd. Sec. 35, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-213. Excess unfunded liabilities of prior plans

19-13-213. Excess unfunded liabilities of prior plans.
(1) The legislature finds and declares that many cities operating under prior plans have excess and unfunded liabilities, and the liabilities cannot be amortized by the percentage contributions set forth in this chapter.
(2) The board shall, within 6 months after a city is granted membership in the retirement system, determine the excess and unfunded liability of the city's previous plan. If the board determines that the city has an excess and unfunded liability under a previous plan that is not funded by sums on deposit or funds available for deposit in the pension trust fund, the city shall pay an additional sum over a period of time to amortize the city's excess liability.
History: En. Sec. 24, Ch. 566, L. 1981; amd. Sec. 3, Ch. 286, L. 1983; amd. Sec. 5, Ch. 661, L. 1983; amd. Sec. 1, Ch. 44, L. 1991; amd. Sec. 211, Ch. 265, L. 1993; Sec. 19-13-503, MCA 1991; redes. 19-13-213 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 2. Extension of Coverage by Local Government Employers › 19-13-214. Taxing authority of employers

19-13-214. Taxing authority of employers.
For the purpose of making contributions required of a city under this chapter, the appropriate authority of the city may, subject to 15-10-420, levy a tax that along with other revenue available for that purpose is sufficient to meet the demand.
History: En. Sec. 32, Ch. 566, L. 1981; Sec. 19-13-606, MCA 1991; redes. 19-13-214 by Code Commissioner, 1993; amd. Sec. 111, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-301. Active membership -- inactive vested member -- inactive nonvested member

19-13-301. Active membership -- inactive vested member -- inactive nonvested member.
(1) A full-paid firefighter becomes an active member of the retirement system:
(a) on the first day of the firefighter's service with an employer;
(b) on July 1, 1981, if the firefighter is employed by an employer on that date; or
(c) in the case of an employer who elects to join the retirement system, as provided in 19-13-211, on the effective date of the election if the firefighter is employed by the employer on that date.
(2) Upon becoming eligible for membership, the firefighter shall complete the forms and furnish any proof required by the board.
(3) A part-paid firefighter may elect to become a member of the retirement system by filing an irrevocable written election with the board within 90 days of becoming a part-paid firefighter.
(4) An active member becomes an inactive member upon the occurrence of the earliest of the following:
(a) the date on which the member ceases service with an employer;
(b) the 31st day of an approved absence from active duty with an employer; or
(c) the date on which the member ceases to be employed because of a reduction of the number of firefighters in the fire department as provided in 7-33-4125.
(5) (a) An inactive member with at least 5 years of membership service is an inactive vested member and retains the right to purchase service credit and to receive a retirement benefit under the provisions of this chapter.
(b) If an inactive vested member chooses to take a lump-sum payment rather than a retirement benefit, the lump-sum payment consists of only the member's accumulated contributions and not the employer's contributions.
(6) (a) An inactive member with less than 5 years of membership service is an inactive nonvested member and is not eligible for any benefits from the retirement system.
(b) An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.
History: En. Sec. 14, Ch. 566, L. 1981; amd. Sec. 212, Ch. 265, L. 1993; amd. Secs. 1, 2, Ch. 254, L. 1997; amd. Sec. 2, Ch. 457, L. 1997; amd. Sec. 109, Ch. 99, L. 2001; amd. Sec. 106, Ch. 429, L. 2003; amd. Sec. 64, Ch. 329, L. 2005; amd. Sec. 2, Ch. 299, L. 2007; amd. Sec. 23, Ch. 284, L. 2009; amd. Sec. 36, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-302. Ineligibility for other retirement plans

19-13-302. Ineligibility for other retirement plans.
Except as provided by 19-2-403(4), an active member is not eligible to be covered under any other mandatory retirement plan to which an employer is required to contribute on the member's behalf while the member is eligible to be covered by this retirement system.
History: En. Sec. 15, Ch. 566, L. 1981; amd. Sec. 4, Ch. 661, L. 1983; amd. Sec. 213, Ch. 265, L. 1993; amd. Sec. 36, Ch. 195, L. 2017.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-303. Repealed

19-13-303. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 16, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-304. Repealed

19-13-304. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 17, Ch. 566, L. 1981; amd. Sec. 2, Ch. 191, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-305. Repealed

19-13-305. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 18, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 3. Eligibility, Membership, and Vesting › 19-13-310. Effect on members of prior plans

19-13-310. Effect on members of prior plans.
A firefighter hired before July 1, 1981, who was a member of a prior plan and who becomes a member of this retirement system retains all rights and benefits accrued under a prior plan.
History: En. Sec. 7, Ch. 566, L. 1981; amd. Sec. 214, Ch. 265, L. 1993; Sec. 19-13-107, MCA 1991; redes. 19-13-310 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 4. Service Credit › 19-13-403. Application to purchase military service

19-13-403. Application to purchase military service.
(1) (a) Except as provided in subsection (1)(b) and subject to 19-13-406, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active duty service in the armed forces of the United States.
(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707.
(2) (a) Except as provided in subsection (2)(b) and subject to 19-13-406, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.
(b) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707.
(3) To purchase service credit and membership service under this section, the member shall pay the actuarial cost of the service credit based on the system's most recent actuarial valuation.
History: En. Sec. 21, Ch. 566, L. 1981; amd. Sec. 220, Ch. 265, L. 1993; amd. Sec. 41, Ch. 58, L. 1999; amd. Sec. 110, Ch. 99, L. 2001; amd. Sec. 7, Ch. 26, L. 2003; amd. Sec. 7, Ch. 289, L. 2003; amd. Secs. 107, 122(7), Ch. 429, L. 2003; amd. Sec. 14, Ch. 172, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 4. Service Credit › 19-13-404. Repealed

19-13-404. Repealed.
Sec. 120, Ch. 429, L. 2003.
History: En. Sec. 6, Ch. 331, L. 1983; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 221, Ch. 265, L. 1993; amd. Sec. 24, Ch. 412, L. 1995; amd. Sec. 12, Ch. 223, L. 1997; amd. Sec. 82, Ch. 562, L. 1999; amd. Sec. 111, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 4. Service Credit › 19-13-405. Application to purchase additional service

19-13-405. Application to purchase additional service.
(1) Subject to 19-13-406, a member with at least 5 years of membership service may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service.
(2) To purchase service credit under this section, a member shall pay the actuarial cost of the service credit, based on the system's most recent actuarial valuation as determined by the board.
(3) Service credit purchased under this section is not membership service and may not be used to qualify a member for retirement or in the calculation of an actuarial reduction in benefits for a member who is not eligible for service retirement.
History: En. Sec. 5, Ch. 180, L. 1995; amd. Sec. 42, Ch. 58, L. 1999; amd. Sec. 112, Ch. 99, L. 2001; amd. Sec. 108, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 4. Service Credit › 19-13-406. Service purchase limitation

19-13-406. Service purchase limitation.
A member may not purchase more than a combined total of 5 years of service credit under 19-13-403 and 19-13-405.
History: En. Sec. 113, Ch. 99, L. 2001; amd. Sec. 109, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 5. Retirement Account -- Creation and Management (Renumbered and Repealed) › 19-13-501. Repealed

19-13-501. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 22, Ch. 566, L. 1981; amd. Sec. 23, Ch. 282, L. 1983.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 5. Retirement Account -- Creation and Management (Renumbered and Repealed) › 19-13-502. Repealed

19-13-502. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 23, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 5. Retirement Account -- Creation and Management (Renumbered and Repealed) › 19-13-504. Repealed

19-13-504. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 25, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 5. Retirement Account -- Creation and Management (Renumbered and Repealed) › 19-13-505. Repealed

19-13-505. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 26, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-601. Deduction remitted to firemen's association -- member's contribution

19-13-601. Deduction remitted to firemen's association -- member's contribution.
(1) Each employer shall retain from the compensation of each active member a sum equal to 1% of the member's compensation for services as a firefighter and shall remit this amount on a monthly basis to the Montana state firemen's association for the payment of premiums on a group life and accidental death and dismemberment insurance policy for members and to defray expenses incurred by the association when representing members of the retirement system.
(2) Each member's contribution to the retirement system as a percentage of the member's compensation must be:
(a) 9.5% for a member not covered under 19-13-1010; or
(b) 10.7% for a member covered under 19-13-1010.
(3) If a member receives compensation under the provisions of the Workers' Compensation Act, Title 39, chapter 71, the amount received must be included as part of the member's compensation for purposes of determining contributions and service credits under the retirement system. Contributions made under 19-13-604, 19-13-605, and this section must be based on the total compensation received by the member from the employer and from workers' compensation during the period of disability.
(4) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code, as amended and applicable on July 1, 1987, shall pick up and pay the contributions that would be payable by the member under subsection (2) for service rendered after June 30, 1987.
(5) The member's contributions picked up by the employer must be designated for all purposes of the retirement system as the member's contributions, except for the determination of a tax upon a distribution from the retirement system. These contributions must become part of the member's accumulated contributions but must be accounted for separately from those previously accumulated.
(6) The member's contributions picked up by the employer must be payable from the same source as is used to pay compensation to the member and must be included in the member's compensation as defined in 19-13-104. The employer shall deduct from the member's compensation an amount equal to the amount of the member's contributions picked up by the employer and remit the total of the contributions to the board.
History: En. Sec. 27, Ch. 566, L. 1981; (2)En. Sec. 1, Ch. 289, L. 1983; amd. Sec. 1, Ch. 191, L. 1987; amd. Sec. 58, Ch. 613, L. 1989; amd. Sec. 216, Ch. 265, L. 1993; amd. Sec. 1, Ch. 541, L. 1995; amd. Secs. 3, 12, Ch. 457, L. 1997.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-602. Repealed

19-13-602. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 28, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-603. Repealed

19-13-603. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 29, Ch. 566, L. 1981; amd. Sec. 5, Ch. 103, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-604. State contribution

19-13-604. State contribution.
The state shall make its contributions from the general fund. The general fund contributions must be made annually after the end of each fiscal year but no later than November 1. The board shall notify the state auditor by September 1 of each fiscal year of the annual compensation, excluding overtime, holiday payments, shift differential payments, compensatory time payments, and payments in lieu of sick leave, paid to all active members during the preceding fiscal year. The state's contribution is 32.61% of this total compensation. The contributions are statutorily appropriated, as provided in 17-7-502.
History: En. Sec. 30, Ch. 566, L. 1981; amd. Sec. 6, Ch. 661, L. 1983; amd. Sec. 29, Ch. 703, L. 1985; amd. Sec. 1, Ch. 617, L. 1991; amd. Sec. 217, Ch. 265, L. 1993; amd. Sec. 2, Ch. 541, L. 1995; amd. Secs. 4, 8(4)(b), Ch. 445, L. 1997; amd. Sec. 25, Ch. 532, L. 1997; amd. Sec. 83, Ch. 562, L. 1999; amd. Sec. 114, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-605. Employer contribution

19-13-605. Employer contribution.
Each employer shall make its contribution on behalf of members through the city treasurer or other appropriate official from money available for this purpose. The employer shall pay as employer contributions 14.36% of the compensation paid to all of the employer's employees, except those properly excluded from membership. All contributions are payable monthly to the board, which shall, as soon as practicable after their receipt, deposit them in the pension trust fund.
History: En. Sec. 31, Ch. 566, L. 1981; amd. Sec. 7, Ch. 661, L. 1983; amd. Sec. 218, Ch. 265, L. 1993; amd. Sec. 3, Ch. 541, L. 1995; amd. Sec. 84, Ch. 562, L. 1999; amd. Sec. 4, Ch. 290, L. 2001; amd. Sec. 65, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-607. Other money credited as employer contributions

19-13-607. Other money credited as employer contributions.
All gifts, bequests, and emoluments given to an employer or member for the benefit of the retirement system or because of any member's service as a firefighter, except when specifically allowed to be retained by the member by the member's employer, must be paid to the board. The board shall deposit them in the pension trust fund. The amounts are employer contributions but are in addition to the amounts required by 19-13-605.
History: En. Sec. 33, Ch. 566, L. 1981; amd. Sec. 219, Ch. 265, L. 1993; amd. Sec. 85, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-608. Repealed

19-13-608. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 13, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-609. Repealed

19-13-609. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 3, Ch. 138, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 6. Contributions and Refunds › 19-13-615. Repealed

19-13-615. Repealed.
Sec. 11, Ch. 457, L. 1997; Sec. 40, Ch. 532, L. 1997.
History: En. Sec. 3, Ch. 454, L. 1989; amd. Sec. 215, Ch. 265, L. 1993; Sec. 19-13-506, MCA 1991; redes. 19-13-615 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 7. Service Retirement Benefits › 19-13-701. Eligibility for service retirement

19-13-701. Eligibility for service retirement.
(1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, the following members are eligible to receive a nonforfeitable service retirement benefit under 19-13-704:
(a) a member who has completed 20 years or more of membership service; or
(b) a vested member who terminates service before completing 20 years of service and applies for a service retirement upon reaching age 50.
(2) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411, a member described in subsection (1)(b) is treated as having attained normal retirement age and has a nonforfeitable right to the member's service retirement.
History: En. Sec. 34, Ch. 566, L. 1981; amd. Sec. 7, Ch. 53, L. 1983; amd. Sec. 11, Ch. 86, L. 1985; amd. Sec. 17, Ch. 196, L. 1989; amd. Sec. 222, Ch. 265, L. 1993; amd. Sec. 4, Ch. 541, L. 1995; amd. Sec. 35, Ch. 370, L. 1997; amd. Sec. 5, Ch. 457, L. 1997; amd. Sec. 115, Ch. 99, L. 2001; amd. Sec. 110, Ch. 429, L. 2003; amd. Sec. 12, Ch. 240, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 7. Service Retirement Benefits › 19-13-702. Repealed

19-13-702. Repealed.
Sec. 13, Ch. 86, L. 1985.
History: En. Sec. 35, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 7. Service Retirement Benefits › 19-13-703. Repealed

19-13-703. Repealed.
Sec. 13, Ch. 86, L. 1985.
History: En. Sec. 36, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 7. Service Retirement Benefits › 19-13-704. Amount of service retirement benefit

19-13-704. Amount of service retirement benefit.
(1) Except as provided in subsection (2), a member who retires with at least 5 years of membership service must receive a service retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit.
(2) A member hired before July 1, 1981, who does not elect to be covered under 19-13-1010 is entitled to the greater of:
(a) the benefit provided under subsection (1); or
(b) (i) if the member retires with less than 20 years of membership service, a benefit equal to 2% of the member's highest monthly compensation for each year of service; or
(ii) if the member retires with 20 or more years of membership service, a benefit equal to 50% of the member's highest monthly compensation plus 2% of the member's highest monthly compensation for each year of service credit over 20 years.
(3) Upon a retired member's death, the benefit must be made to the surviving spouse. If there is no surviving spouse or if the surviving spouse dies and if the member leaves one or more dependent children, the children are entitled to receive the benefit as long as they remain dependent children as defined in 19-13-104.
History: En. Sec. 37, Ch. 566, L. 1981; amd. Sec. 12, Ch. 86, L. 1985; amd. Sec. 3, Ch. 63, L. 1989; amd. Sec. 223, Ch. 265, L. 1993; amd. Sec. 5, Ch. 541, L. 1995; amd. Secs. 6, 12, Ch. 457, L. 1997; amd. Sec. 86, Ch. 562, L. 1999; amd. Sec. 111, Ch. 429, L. 2003; amd. Sec. 2, Ch. 305, L. 2005; amd. Sec. 30, Ch. 283, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 8. Disability Retirement Benefits › 19-13-801. Repealed

19-13-801. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 38, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 8. Disability Retirement Benefits › 19-13-802. Eligibility for disability retirement

19-13-802. Eligibility for disability retirement.
If a member is determined by the board to be disabled, the member is entitled to receive a disability retirement benefit, regardless of the length of the member's service, beginning the first day after the date on which the member became disabled and terminated employment because of the disability.
History: En. Sec. 39, Ch. 566, L. 1981; amd. Sec. 224, Ch. 265, L. 1993; amd. Sec. 66, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 8. Disability Retirement Benefits › 19-13-803. Amount of disability retirement benefit

19-13-803. Amount of disability retirement benefit.
(1) A member who becomes disabled:
(a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's highest average compensation;
(b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit, but no less than one-half of the member's highest average compensation.
(2) Upon the death of a member receiving a disability retirement benefit under this section, the member's surviving spouse or dependent child is eligible for the benefits provided pursuant to 19-13-704(3).
History: En. Sec. 40, Ch. 566, L. 1981; amd. Sec. 2, Ch. 617, L. 1991; amd. Sec. 225, Ch. 265, L. 1993; amd. Sec. 6, Ch. 541, L. 1995; amd. Sec. 7, Ch. 457, L. 1997; amd. Sec. 112, Ch. 429, L. 2003; amd. Sec. 3, Ch. 305, L. 2005; amd. Sec. 31, Ch. 283, L. 2009; amd. Sec. 33, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 8. Disability Retirement Benefits › 19-13-804. Medical examination of disability retiree -- cancellation of benefit

19-13-804. Medical examination of disability retiree -- cancellation of benefit.
(1) The board, in its discretion, may require the recipient of a disability retirement benefit to undergo a medical examination. The examination must be made by a board-approved physician or surgeon at a place mutually agreed on by the board, the disabled member, and the physician or surgeon and at the board's expense. Upon the basis of the examination, the board shall determine, by reason of physical or mental capacity, whether the recipient can perform the essential elements of the position held by the recipient when the recipient retired.
(2) If the board determines that the recipient is not incapacitated, if the recipient refuses to submit to a medical examination, or if, when a position is available, the recipient cannot be reinstated under 19-13-805 for reasons unrelated to the disability, the recipient's disability retirement benefit must be canceled. The board shall notify the recipient of this determination and the cancellation of the recipient's benefit.
(3) The cancellation of a disability retirement benefit because a member is no longer incapacitated does not prejudice any right of the member to a service retirement benefit.
History: En. Sec. 41, Ch. 566, L. 1981; amd. Sec. 226, Ch. 265, L. 1993; amd. Sec. 25, Ch. 412, L. 1995; amd. Sec. 36, Ch. 370, L. 1997; amd. Sec. 32, Ch. 283, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 8. Disability Retirement Benefits › 19-13-805. Reinstatement upon termination of benefit

19-13-805. Reinstatement upon termination of benefit.
(1) (a) Except as provided in subsection (1)(c), a member whose disability retirement benefit is canceled as provided in 19-13-804 must be reinstated to the position held by the member immediately before the member's retirement or to a position in a comparable pay and benefit category with duties within the member's capacity if an appropriate vacancy exists within the member's fire department. The board shall advise the employer that the disability retirement benefit has been canceled and that the inactive member is eligible for reinstatement to duty. The fact that the member was retired for disability may not prejudice any right to reinstatement to duty that the inactive member may have or claim to have.
(b) If an appropriate vacancy does not exist within an inactive member's fire department when the member's disability benefit is canceled under 19-13-804, the member's benefit must be reinstated until a vacancy occurs.
(c) This section does not affect any requirement that the former employee meet or be able to meet professional certification and licensing standards unrelated to the disability and necessary for reinstatement.
(2) The employer may request a medical or psychological review as to the ability of the member to return to work as a firefighter. If the board's findings are upheld, the employer shall pay the costs of the review.
(3) If the inactive member again becomes an active member by returning to active work for an employer within 30 days following receipt of notice under 19-13-804, the member is considered to have been continuously employed during the term of the member's disability. If the inactive member fails to become an active member by returning to active work for an employer within 30 days following receipt of the notice, the member's termination of service is considered to have occurred as of the member's disability retirement date and the retirement benefit, if any, to which the member becomes entitled on the member's service retirement must be determined accordingly.
(4) If a disabled member who is receiving a disability retirement benefit independently determines that the member is no longer disabled as that term is defined in 19-2-303 and returns to covered employment, the member shall immediately notify retirement system administrative staff so that the member's disability retirement benefit is canceled.
History: En. Sec. 42, Ch. 566, L. 1981; amd. Sec. 227, Ch. 265, L. 1993; amd. Sec. 37, Ch. 370, L. 1997; amd. Sec. 5, Ch. 290, L. 2001; amd. Sec. 67, Ch. 329, L. 2005; amd. Sec. 17, Ch. 400, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 9. Survivorship Benefits and Death Payments › 19-13-901. Repealed

19-13-901. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 43, Ch. 566, L. 1981; amd. Sec. 4, Ch. 63, L. 1989.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 9. Survivorship Benefits and Death Payments › 19-13-902. Survivorship benefit

19-13-902. Survivorship benefit.
(1) A member's surviving spouse, if there is one, must receive a survivorship benefit amount as provided in this section. If a member leaves no surviving spouse or upon the death of the surviving spouse, the member's surviving dependent children must collectively receive the same benefit that a surviving spouse would have received under this section. A child may receive a share of the benefit as long as the child is a dependent child, as defined in 19-13-104.
(2) (a) The survivorship benefit paid upon the death of an active member who has completed less than 20 years of membership service is one-half the highest average compensation received by the member.
(b) The survivorship benefit paid upon the death of an active or inactive member who has completed over 20 years of membership service is the benefit amount to which the member was entitled on the date of death.
(3) Benefits provided under this section are subject to the benefit adjustments provided pursuant to part 10 of this chapter.
History: En. Sec. 44, Ch. 566, L. 1981; amd. Sec. 5, Ch. 63, L. 1989; amd. Sec. 228, Ch. 265, L. 1993; amd. Sec. 7, Ch. 541, L. 1995; amd. Sec. 8, Ch. 457, L. 1997; amd. Sec. 116, Ch. 99, L. 2001; amd. Sec. 4, Ch. 305, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 9. Survivorship Benefits and Death Payments › 19-13-903. Payments to designated beneficiary

19-13-903. Payments to designated beneficiary.
If, after a member dies, a benefit is not paid pursuant to 19-13-704, 19-13-803, or 19-13-902, then the board shall pay to the member's designated beneficiary the amount, if any, of the retired member's accumulated contributions minus the total of any benefits already paid from the member's account.
History: En. Sec. 45, Ch. 566, L. 1981; amd. Sec. 6, Ch. 186, L. 1983; amd. Sec. 229, Ch. 265, L. 1993; amd. Sec. 87, Ch. 562, L. 1999; amd. Sec. 117, Ch. 99, L. 2001.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1001. Repealed

19-13-1001. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 47, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1002. Repealed

19-13-1002. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 48, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1003. Repealed

19-13-1003. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 49, Ch. 566, L. 1981; amd. Sec. 3, Ch. 191, L. 1987; amd. Sec. 16, Ch. 823, L. 1991.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1004. Repealed

19-13-1004. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 50, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1005. Repealed

19-13-1005. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 51, Ch. 566, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1006. Repealed

19-13-1006. Repealed.
Sec. 11, Ch. 457, L. 1997.
History: En. Sec. 52, Ch. 566, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 468, L. 1983; amd. Sec. 1, Ch. 698, L. 1985; amd. Sec. 230, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1007. Minimum benefit adjustment

19-13-1007. Minimum benefit adjustment.
(1) The following applies to a member with 10 or more years of membership service who has not elected to be covered under 19-13-1010:
(a) For the member or the member's surviving spouse or dependent children, the service retirement benefit provided in 19-13-704, the disability retirement benefit provided in 19-13-803, and the survivorship benefit provided in 19-13-902 may not be less than one-half the monthly compensation paid to a newly confirmed, active firefighter of the employer that last employed the member as a firefighter, as provided each year in the budget of that employer.
(b) If after a member retires, the employer that last employed the member no longer employs a full-paid firefighter, the member's or survivor's benefit under subsection (1)(a) must be adjusted on the basis of the average monthly compensation paid to all newly confirmed full-paid firefighters, as provided each year in the budgets of those employers that participate in the retirement system and employ a full-paid firefighter.
(2) If the employment of a vested member hired before July 1, 1981, who has not elected to be covered under 19-13-1010 is involuntarily discontinued because of the termination of employment of all full-paid firefighters of the employer that employed the member, the member's service retirement benefit provided in 19-13-704 and the member's spouse's or dependent child's survivorship benefit provided in 19-13-902(1) may not be less than:
(a) if the member has earned 20 years or more of membership service, one-half the average monthly compensation paid to all newly confirmed, full-paid firefighters, as provided each year in the budgets of those employers that participate in the retirement system and employ a full-paid firefighter; or
(b) if the member has earned more than 5 but less than 20 years of membership service, 2.5% of the average monthly compensation paid to all newly confirmed, full-paid firefighters, as provided each year in the budgets of those employers that participate in the retirement system and employ a full-paid firefighter, for each year of the member's service.
History: En. Sec. 46, Ch. 566, L. 1981; amd. Sec. 3, Ch. 468, L. 1983; amd. Sec. 231, Ch. 265, L. 1993; amd. Sec. 8, Ch. 541, L. 1995; amd. secs. 5, 8(6), Ch. 445, L. 1997; amd. Sec. 88, Ch. 562, L. 1999; amd. Sec. 6, Ch. 290, L. 2001; amd. Sec. 113, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1008. Repealed

19-13-1008. Repealed.
Sec. 236, Ch. 265, L. 1993.
History: En. Sec. 1, Ch. 14, L. 1987.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 13. Firefighters' Unified Retirement System › Part 10. Postretirement Benefits and Benefit Increases › 19-13-1009. Repealed

19-13-1009. Repealed.
Sec. 11, Ch. 457, L. 1997.
History: En. Sec. 2, Ch. 454, L. 1989; amd. Sec. 232, Ch. 265, L. 1993; amd. Sec. 9, Ch. 541, L. 1995.