reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 5. Plans for Employees of Political Subdivisions › 19-1-502. Approval of plan and agreement by department

19-1-502. Approval of plan and agreement by department.
(1) A plan and agreement and any amendment of the plan and agreement must be approved by the department if the administrator finds that the plan and agreement, or an amendment to the plan and agreement, are in conformity with the department's requirements.
(2) The department may not finally refuse to approve a plan and agreement submitted by a political subdivision under 19-1-501 and may not terminate an approved plan and agreement without reasonable notice and opportunity for hearing to the affected political subdivision.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(part); amd. Sec. 12, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 5. Plans for Employees of Political Subdivisions › 19-1-503. Required provisions of plan and agreement

19-1-503. Required provisions of plan and agreement.
A plan and agreement may not be approved by the department unless:
(1) they are in conformity with the requirements of the Social Security Act and with the agreement entered into under 19-1-401 and 19-1-402;
(2) they provide that all services that constitute employment and that are performed by employees of the political subdivisions will be covered by the plan and agreement, except that the plan and agreement may exclude services performed by individuals to whom section 218(c)(3)(B) of the Social Security Act, 42 U.S.C. 418(c)(3)(B), is applicable.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(2); amd. Sec. 36, Ch. 10, L. 1993; amd. Sec. 103, Ch. 42, L. 1997; amd. Sec. 2, Ch. 161, L. 2009; amd. Sec. 13, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 6. Contribution Account (Repealed) › 19-1-601. Repealed

19-1-601. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(1).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 6. Contribution Account (Repealed) › 19-1-602. Repealed

19-1-602. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(3); amd. Sec. 3, Ch. 264, L. 1981; amd. Sec. 1, Ch. 4, Sp. L. June 1986; amd. Sec. 4, Ch. 412, L. 1995; amd. Sec. 3, Ch. 58, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 6. Contribution Account (Repealed) › 19-1-603. Repealed

19-1-603. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(4).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 6. Contribution Account (Repealed) › 19-1-604. Repealed

19-1-604. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(5).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-701. Repealed

19-1-701. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(2).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-702. Contributions by state employees

19-1-702. Contributions by state employees.
(1) Every employee of the state whose services are covered by an agreement entered into under 19-1-401 and 19-1-402 must be required to pay, for the period of coverage, contributions with respect to wages equal to the amount of employee tax that would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that act. The liability arises in consideration of the employee's retention in the service of the state or entry into service.
(2) The contribution imposed by this section must be collected by deducting the amount of the contribution from wages paid, but failure to make the deduction does not relieve the employee from liability for the contribution.
(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or a refund if adjustment is impracticable must be made, without interest, in the manner and at times that the department prescribes.
History: En. as Sec. 5, Ch. 44, L. 1953 by Sec. 5, Ch. 270, L. 1955; amd. Sec. 198, Ch. 147, L. 1963; R.C.M. 1947, 59-1103.1; amd. Sec. 230, Ch. 56, L. 2009; amd. Sec. 14, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-703. Repealed

19-1-703. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 44, L. 1953; amd. and redes. as Sec. 7, Ch. 44, L. 1953 by Sec. 7, Ch. 270, L. 1955; amd. Sec. 200, Ch. 147, L. 1963; amd. Sec. 1, Ch. 109, L. 1967; amd. Sec. 1, Ch. 124, L. 1969; amd. Sec. 4, Ch. 64, L. 1977; R.C.M. 1947, 59-1105(6).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-704. Contribution by political subdivision

19-1-704. Contribution by political subdivision.
Each political subdivision with a plan and agreement approved under part 5 of this chapter shall pay, at the time or times prescribed by the department, contributions with respect to wages, as defined in 19-1-102, in the amounts and at the rates specified in the applicable agreement entered into by the department director on behalf of the state under 19-1-401 and 19-1-402.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(4)(a); amd. Sec. 15, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-705. Deduction of employee contribution by political subdivision

19-1-705. Deduction of employee contribution by political subdivision.
(1) Each political subdivision required to make payment under 19-1-704 shall, in consideration of the employee's retention in or entry into employment impose upon each of its employees, as to services that are covered by an approved plan, a contribution with respect to wages, not exceeding the amount of the employee tax that would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that act and shall deduct the amount of the contributions from wages paid.
(2) Contributions collected partially discharge the liability of the political subdivision or instrumentality under 19-1-704. Failure to deduct the contribution does not relieve the employee or employer of liability for the contributions.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(4)(b); amd. Sec. 231, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 7. Contributions › 19-1-706. Repealed

19-1-706. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(5); amd. Sec. 4, Ch. 264, L. 1981.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-801. Repealed

19-1-801. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 5, Ch. 271, L. 1955; R.C.M. 1947, 59-1113.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-802. No effect on rights under other laws

19-1-802. No effect on rights under other laws.
Nothing in this part may be construed to prejudice or otherwise affect any rights, benefits, or privileges heretofore accrued under any other law of this state. It is the intent of this legislation to permit supplementation of present retirement benefits under existing law with social security benefits. It is also the intent to permit teachers and staff in any district or institution of higher education so electing to become members of more than one retirement system, to receive credit under more than one system for the same service, and to receive benefits from more than one system. No benefits received under either system may be deducted from any other or separate system.
History: En. Sec. 4, Ch. 271, L. 1955; amd. Sec. 9, Ch. 64, L. 1977; R.C.M. 1947, 59-1112.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-811. Referendum by school district

19-1-811. Referendum by school district.
On approval by the board of trustees, a school district of the state may conduct and supervise a referendum or may request that the department conduct and supervise a referendum. The referendum must be conducted pursuant to section 218 of the federal Social Security Act, 42 U.S.C. 418, among the members of the staff and teachers of the school or schools under the jurisdiction of the board of trustees. If the majority of votes cast in the referendum indicate that the staff and teachers approve social security coverage, then the board of trustees shall certify to the department that the conditions for social security coverage, required by section 218 of the Social Security Act, have been complied with.
History: En. Sec. 1, Ch. 271, L. 1955; amd. Sec. 20, Ch. 391, L. 1973; amd. Sec. 6, Ch. 64, L. 1977; R.C.M. 1947, 59-1109; amd. Sec. 16, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-812. Eligibility of staff and teachers

19-1-812. Eligibility of staff and teachers.
Upon the certification provided for in 19-1-811, the staff and teachers of the district are eligible for coverage under the provisions of the federal Social Security Act.
History: En. Sec. 2, Ch. 271, L. 1955; amd. Sec. 1, Ch. 253, L. 1965; amd. Sec. 21, Ch. 391, L. 1973; amd. Sec. 7, Ch. 64, L. 1977; R.C.M. 1947, 59-1110(1).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-813. Collection of contributions

19-1-813. Collection of contributions.
The fiscal officer of the school district shall collect the contributions required under section 218 of the Social Security Act, 42 U.S.C. 418, from the staff and teachers by payroll deduction and from the school district as the employer.
History: En. Sec. 2, Ch. 271, L. 1955; amd. Sec. 1, Ch. 253, L. 1965; amd. Sec. 21, Ch. 391, L. 1973; amd. Sec. 7, Ch. 64, L. 1977; R.C.M. 1947, 59-1110(2); amd. Sec. 3, Ch. 161, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-814. Repealed

19-1-814. Repealed.
Sec. 5, Ch. 161, L. 2009.
History: En. Sec. 2, Ch. 271, L. 1955; amd. Sec. 1, Ch. 253, L. 1965; amd. Sec. 21, Ch. 391, L. 1973; amd. Sec. 7, Ch. 64, L. 1977; R.C.M. 1947, 59-1110(3).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-815. Merger of reporting entities

19-1-815. Merger of reporting entities.
If the approval of referenda at different times results in the establishment of two separate social security reporting entities for a high school district and an elementary school district and the high school building is located in the elementary school district, the department shall, upon request of the boards of trustees in both districts, merge the two reporting entities to form a single reporting entity if the elementary school district and high school district:
(1) have boards of trustees of which a majority of each board is composed of the same persons;
(2) are administered by the same executive officer; and
(3) have payroll calculations made in the same payroll application.
History: En. Sec. 1, Ch. 350, L. 1983; amd. Sec. 17, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-821. Retirement system to be considered separate for each institution

19-1-821. Retirement system to be considered separate for each institution.
For the purposes of this part, the teachers' retirement system of the state of Montana is considered a separate retirement system with respect to each state institution of higher education in Montana, and each institution and the teachers therein shall be treated separately and independently from the other institutions and teachers.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(1).
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-822. Referendum -- institution of higher education

19-1-822. Referendum -- institution of higher education.
On request of the president of an institution, the governor shall direct the department to give notice of and supervise a referendum in the retirement system for that institution in compliance with the requirements prescribed by section 218 of the Social Security Act, 42 U.S.C. 418.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(2); amd. Sec. 18, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-823. Certification by governor

19-1-823. Certification by governor.
On the department's notification that a majority of votes in the referendum were cast in favor of participation in social security, the governor, through the department, shall certify to the commissioner of social security that the conditions set forth in section 218 of the Social Security Act, 42 U.S.C. 418, have been complied with in respect to the retirement system voting in the referendum.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(3); amd. Sec. 37, Ch. 10, L. 1993; amd. Sec. 5, Ch. 138, L. 2015; amd. Sec. 19, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-824. Federal-state agreement

19-1-824. Federal-state agreement.
On certification, the governor shall direct the department director to enter into a modification to the existing agreement with the appropriate officers of the federal government, pursuant to section 218 of the Social Security Act, 42 U.S.C. 418, to secure coverage for the retirement system with respect to which certification has been made. An agreement may be made retroactive to the extent permissible under the Social Security Act.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(4); amd. Sec. 20, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-825. Collection of contributions

19-1-825. Collection of contributions.
The fiscal officer for an institution for whose retirement system an agreement has been made shall collect the contributions required by section 218 of the Social Security Act, 42 U.S.C. 418, from the teachers in the retirement system of that institution, by payroll deductions.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(5), (6); amd. Sec. 4, Ch. 161, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 8. Participation of Teachers › 19-1-826. Changes in federal law

19-1-826. Changes in federal law.
In the event that any relevant provisions of federal law are amended or superseded, then the provisions of this part that relate to the law must be applied to the amended law or the superseding law.
History: En. Sec. 3, Ch. 271, L. 1955; amd. Sec. 8, Ch. 64, L. 1977; R.C.M. 1947, 59-1111(7); amd. Sec. 21, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 2. Administration (Renumbered and Repealed) › 19-2-205. Repealed

19-2-205. Repealed.
Sec. 10, Ch. 472, L. 1981.
History: En. 68-2708 by Sec. 8, Ch. 264, L. 1974; amd. Sec. 3, Ch. 60, L. 1977; R.C.M. 1947, 68-2708.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 3. General Provisions › 19-2-302. Applicability

19-2-302. Applicability.
Except as otherwise provided in this title, this chapter applies to the provisions and administration of the retirement systems and plans within the systems under chapters 3, 5 through 9, and 13 of this title.
History: En. Sec. 2, Ch. 265, L. 1993; amd. Sec. 4, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-401. Location of board -- jurisdiction and venue for judicial review -- quorum -- officers and employees

19-2-401. Location of board -- jurisdiction and venue for judicial review -- quorum -- officers and employees.
(1) The board shall maintain its office in the city of Helena. Jurisdiction and venue for judicial review of final administrative decisions of the board are in the judicial district in which the appealing party resides or, if the person resides outside the state, the first judicial district, Lewis and Clark County.
(2) A quorum of the board is four members.
(3) The board shall elect one of its members presiding officer. The board may appoint a committee of one or more of its members to perform routine acts, such as retirement of members and fixing of retirement benefits, approval of death claims, and correction of records necessary in the administration of the systems in accordance with the provisions of chapters 2, 3, 5 through 9, 13, 17, and 50 of this title and in accordance with the rules of the board. The attorney general is the legal counsel for the board.
History: En. 68-1801 by Sec. 18, Ch. 323, L. 1973; R.C.M. 1947, 68-1801; amd. Sec. 4, Ch. 265, L. 1993; Sec. 19-3-301, MCA 1991; redes. 19-2-401 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 6, Ch. 412, L. 1995; amd. Sec. 6, Ch. 471, L. 1999; amd. Sec. 2, Ch. 490, L. 2001; amd. Sec. 6, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-402. Compensation of board members

19-2-402. Compensation of board members.
Members shall be entitled to compensation as provided in 2-15-124.
History: En. 68-1802 by Sec. 19, Ch. 323, L. 1973; amd. Sec. 15, Ch. 453, L. 1977; R.C.M. 1947, 68-1802(part); amd. Sec. 2, Ch. 672, L. 1983; amd. Sec. 5, Ch. 650, L. 1985; Sec. 19-3-302, MCA 1991; redes. 19-2-402 by Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-404. Appointment and compensation of administrative staff

19-2-404. Appointment and compensation of administrative staff.
The board shall hire and fix the compensation of an executive director and other necessary employees to assist the board in administering the retirement systems. The compensation of the executive director and employees must be established in accordance with Title 2, chapter 18.
History: En. Sec. 6, Ch. 265, L. 1993; amd. Sec. 17, Ch. 532, L. 1997; amd. Sec. 6, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-405. Employment of actuary -- annual investigation and valuation

19-2-405. Employment of actuary -- annual investigation and valuation.
(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 systems of pensions. The actuary is the technical adviser of the board on matters regarding the operation of the retirement systems.
(2) The board shall require the actuary to make and report on an annual actuarial investigation into the suitability of the actuarial tables used by the retirement systems and an actuarial valuation of the assets and liabilities of each defined benefit plan that is a part of the retirement systems.
(3) The normal cost contribution rate, which is funded by required employee contributions and a portion of the required employer contributions to each defined benefit retirement plan, must be calculated as the level percentage of members' salaries that will actuarially fund benefits payable under a retirement plan as those benefits accrue in the future.
(4) The unfunded liability contribution rate, which is entirely funded by a portion of the required employer contributions to the retirement plan, must be calculated as the level percentage of current and future defined benefit plan members' salaries that will amortize the unfunded actuarial liabilities of the retirement plan over a reasonable period of time, not to exceed 30 years, as determined by the board, except as provided in 19-5-404, 19-6-404, 19-7-404, and 19-8-504.
(5) The board shall require the actuary to conduct and report on a periodic actuarial investigation into the actuarial experience of the retirement systems and plans.
(6) The board may require the actuary to conduct any valuation necessary to administer the retirement systems and the plans subject to this chapter.
(7) The board shall provide copies of the reports required pursuant to subsections (2) and (5) to the state administration and veterans' affairs interim committee and to the legislature pursuant to 5-11-210.
(8) The board shall require the actuary to prepare for each employer participating in a retirement system the disclosures or the information required to be included in the disclosures as required by law and by the governmental accounting standards board or its generally recognized successor.
History: En. 68-1804 by Sec. 21, Ch. 323, L. 1973; R.C.M. 1947, 68-1804; amd. Sec. 7, Ch. 265, L. 1993; Sec. 19-3-305, MCA 1991; redes. 19-2-405 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 8, Ch. 471, L. 1999; amd. Sec. 49, Ch. 114, L. 2003; amd. Sec. 5, Ch. 285, L. 2007; amd. Sec. 5, Ch. 155, L. 2013; amd. Sec. 2, Ch. 240, L. 2013; amd. Sec. 2, Ch. 248, L. 2015; amd. Sec. 6, Ch. 729, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-406. Disability retirement -- application -- determination -- benefit conversion -- rules

19-2-406. Disability retirement -- application -- determination -- benefit conversion -- rules.
(1) (a) An active or inactive member may apply for disability retirement in a manner prescribed by the board. However, an application may also be filed on the member's behalf by the head of the office or department in which the member is or was last employed, by any other individual, or by the board.
(b) The application must be filed within 4 months after the member's termination from employment unless the member is disabled continuously from the date of termination from employment to the date of the application.
(2) The board shall determine whether a member has become disabled. In the discharge of its duty regarding determinations, the board, any member of the board, or any authorized representative of the board may order medical examinations, conduct hearings, administer oaths and affirmations, take depositions, certify to official acts and records, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with a claim for disability retirement. Subpoenas must be issued and enforced pursuant to 2-4-104 of the Montana Administrative Procedure Act.
(3) The board shall adopt rules requiring employers to identify and explain the essential elements of a member's position, any accommodations that were or can be made in compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), and the effectiveness of the accommodations.
(4) The board shall retain medical personnel to advise it in assessing the nature and extent of disabling conditions while reviewing claims for disability retirement.
(5) The disability retirement benefit paid to a member of the defined benefit plan must be converted to a service retirement benefit, without recalculation of the monthly benefit amount, when the member has attained normal retirement age. The board shall notify the member in writing as to the change in status.
History: En. Sec. 1, Ch. 597, L. 1981; amd. Sec. 8, Ch. 265, L. 1993; Sec. 19-5-611, MCA 1991; redes. 19-2-406 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 7, Ch. 412, L. 1995; amd. Sec. 9, Ch. 471, L. 1999; amd. Sec. 7, Ch. 562, L. 1999; amd. Sec. 6, Ch. 99, L. 2001; amd. Sec. 4, Ch. 423, L. 2001; amd. Sec. 3, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-407. Reports

19-2-407. Reports.
(1) As soon as practical after the close of each fiscal year, the board shall file with the governor and with the legislature pursuant to 5-11-210 a report of its work for that fiscal year. The report must include but is not limited to:
(a) a statement as to the accumulated cash and securities in the pension trust funds as certified by the state treasurer and the board of investments;
(b) a summary of the most recent information available from the actuary concerning the actuarial valuation of the assets and liabilities of each system or plan; and
(c) an analysis of how market performance is affecting actuarial funding of each of the retirement systems or plans.
(2) The report required under subsection (1) must also provide information concerning the defined contribution plan, including a description of the plan, the number of members in the plan, plan contribution rates, the total amount of money invested by members, investment performance, administrative costs and fees, and other information required under applicable governmental accounting standards and as determined by the board.
History: En. 68-1803 by Sec. 20, Ch. 323, L. 1973; amd. Sec. 4, Ch. 132, L. 1977; amd. Sec. 9, Ch. 332, L. 1977; R.C.M. 1947, 68-1803(2); amd. Sec. 9, Ch. 265, L. 1993; Sec. 19-3-306, MCA 1991; redes. 19-2-407 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 10, Ch. 471, L. 1999; amd. Sec. 8, Ch. 562, L. 1999; amd. Sec. 6, Ch. 285, L. 2007; amd. Sec. 2, Ch. 170, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-408. Administrative expenses

19-2-408. Administrative expenses.
(1) The legislature finds that proper administration of the pension trust funds benefits both employers and members and continues to benefit members after retirement.
(2) (a) The administrative expenses of the retirement systems administered by the board must be paid from the investment earnings on the pension trust fund of the public employees' retirement system's defined benefit plan, except as otherwise provided in this section. The board shall compute the administrative expenses attributable to each retirement system or plan administered by the board and transfer that amount from each retirement system's or plan's pension trust fund to the pension trust fund of the public employees' retirement system's defined benefit plan in a manner that ensures that the public employees' retirement system's defined benefit plan trust fund is fully compensated for expenditures made on behalf of other systems or plans so that there is no actuarial impact on the fund.
(b) The total administrative expenses of the board, including the administration of the Volunteer Firefighters' Compensation Act, may not exceed 1.5% of the total defined benefit plan retirement benefits paid.
(3) For purposes of calculating the percentage specified in subsection (2)(b), administrative expenses do not include:
(a) expenditures to purchase intangible assets for plan administration;
(b) expenses of the defined contribution plan;
(c) expenditures of funds allocated under 19-3-112(1)(b) to the education fund established in 19-3-112(1)(a); or
(d) expenses for an actuarial valuation under 19-2-405(2) performed during the first year of a biennium.
(4) The administrative expenses of the defined contribution plan must be paid, as provided in 19-3-2105, from assets of the defined contribution plan.
History: En. 68-1904 by Sec. 25, Ch. 323, L. 1973; amd. Sec. 3, Ch. 190, L. 1974; amd. Sec. 6, Ch. 99, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1904; amd. Sec. 2, Ch. 254, L. 1981; amd. Sec. 5, Ch. 496, L. 1981; amd. Sec. 1, Ch. 328, L. 1985; amd. Sec. 3, Ch. 4, Sp. L. June 1986; amd. Sec. 10, Ch. 265, L. 1993; Sec. 19-3-805, MCA 1991; redes. 19-2-408 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 18, Ch. 532, L. 1997; amd. Sec. 1, Ch. 286, L. 1999; amd. Sec. 11, Ch. 471, L. 1999; amd. Sec. 9, Ch. 562, L. 1999; amd. Sec. 50, Ch. 114, L. 2003; amd. Sec. 7, Ch. 285, L. 2007; amd. Sec. 4, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-409. Plans to be funded on actuarially sound basis -- definition

19-2-409. Plans to be funded on actuarially sound basis -- definition.
(1) As required by Article VIII, section 15, of the Montana constitution, each system must be funded on an actuarially sound basis. For the purposes of this section, "actuarially sound basis" means that contributions to each retirement plan must be sufficient to pay the full actuarial cost of the plan.
(2) (a) For a defined benefit plan, 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, except that with respect to the judges' retirement system, the highway patrol officers' retirement system, the sheriffs' retirement system, and the game wardens' and peace officers' retirement system, the unfunded liabilities must be paid over the periods provided for in 19-5-404, 19-6-404, 19-7-404, and 19-8-504, respectively.
(b) For the defined contribution plan, the full actuarial cost is the contribution defined by law that is payable to an account on behalf of the member.
History: En. Sec. 5, Ch. 287, L. 1997; amd. Sec. 12, Ch. 471, L. 1999; amd. Sec. 7, Ch. 729, L. 2023.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 4. Administration › 19-2-410. Presentation to board of investments

19-2-410. Presentation to board of investments.
The board shall annually at a public meeting present to the board of investments established in 2-15-1808 a financial and actuarial report of the retirement systems administered by the board and brief the board of investments on any benefit changes being considered by the board that may affect trust fund obligations.
History: En. Sec. 2, Ch. 285, L. 2007.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-501. Pension trust funds established

19-2-501. Pension trust funds established.
A pension trust fund is established and maintained for each retirement plan within a system subject to this chapter as enumerated in 19-2-302.
History: En. Sec. 11, Ch. 265, L. 1993; amd. Sec. 13, Ch. 471, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-502. Payments from pension trust funds

19-2-502. Payments from pension trust funds.
(1) The board shall administer the assets of the pension trust funds as provided in Article VIII, section 15, of the Montana constitution, subject to the specific provisions of chapters 2, 3, 5 through 9, and 13 of this title.
(2) Benefits and refunds to eligible recipients are payable pursuant to a contract as contained in statute. The contract is entered into on the first day of a member's covered employment and may be enhanced by the legislature. Unless specifically provided for by statute, the contract does not contain revisions to statutes after the time of retirement or termination of membership.
History: En. Sec. 12, Ch. 265, L. 1993; amd. Sec. 19, Ch. 532, L. 1997; amd. Sec. 2, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-503. Management of pension trust funds

19-2-503. Management of pension trust funds.
The pension trust funds must be managed as follows:
(1) The board is the trustee of all money collected for the retirement systems and has exclusive control of the administration of the pension trust funds except as otherwise provided by law.
(2) The department shall deposit in the state treasury all amounts received by the board as provided in this chapter.
(3) Except as provided in chapter 3, part 21, of this title, the state treasurer is custodian of the pension trust funds, subject to the exclusive control of the board for administration and the board of investments for the investment of the funds.
History: En. 68-1901 by Sec. 22, Ch. 323, L. 1973; amd. Sec. 5, Ch. 99, L. 1977; amd. Sec. 3, Ch. 286, L. 1977; amd. Sec. 10, Ch. 332, L. 1977; R.C.M. 1947, 68-1901(1), (3), (4); amd. Sec. 13, Ch. 265, L. 1993; Sec. 19-3-601, MCA 1991; redes. 19-2-503 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 14, Ch. 471, L. 1999; amd. Sec. 10, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-505. Restrictions on use of funds

19-2-505. Restrictions on use of funds.
(1) 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 funds;
(b) directly or indirectly, for the member or employee or as an agent or partner of others, borrow from the pension trust funds or deposits;
(c) in any manner use the pension trust funds except to make current and necessary payments that are authorized by the board;
(d) become an endorser or surety as to or in any manner an obligor for investments for the pension trust funds; or
(e) engage in a transaction prohibited by section 503(b) of the Internal Revenue Code.
(2) The assets of the retirement systems, including the assets of retirement accounts, may not be used for or diverted to any purpose other than for the exclusive benefit of the members and their beneficiaries and for paying the reasonable administrative expenses of the retirement systems administered by the board.
(3) The assets of the retirement systems remain in trust until a warrant has been negotiated or an electronic funds transfer has been deposited in accordance with law.
(4) Retirement benefits not claimed within 5 years after the member's death are forfeited and revert to the retirement system trust fund.
(5) The accumulated contributions of a vested or nonvested member that are not claimed within 5 years after the member's death are forfeited and revert to the retirement system trust fund.
(6) This section does not prevent the administration of an investment alternative within the defined contribution plan to the same extent that all other investment alternatives within the defined contribution plan are managed.
History: En. 68-1901 by Sec. 22, Ch. 323, L. 1973; amd. Sec. 5, Ch. 99, L. 1977; amd. Sec. 3, Ch. 286, L. 1977; amd. Sec. 10, Ch. 332, L. 1977; R.C.M. 1947, 68-1901(6), (7); amd. Sec. 2, Ch. 4, Sp. L. June 1986; amd. Sec. 15, Ch. 265, L. 1993; Sec. 19-3-603, MCA 1991; redes. 19-2-505 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 5, Ch. 58, L. 1999; amd. Sec. 16, Ch. 471, L. 1999; amd. Sec. 11, Ch. 562, L. 1999; amd. Sec. 7, Ch. 99, L. 2001; amd. Sec. 4, Ch. 178, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-506. Payment of contributions by employers -- accompanying reports -- penalty -- liability

19-2-506. Payment of contributions by employers -- accompanying reports -- penalty -- liability.
(1) The board shall prescribe by rule the procedure for payment of retirement contributions for the retirement systems administered by the board. Each employer shall pick up the employee contributions and remit the employer and employee contributions required by the member's retirement system. Payments must be considered delinquent until both the required contributions and the valid payroll report are received by the board.
(2) The board may collect payments delinquent under subsection (1) with an interest penalty at the rate of 9% a year or $10 a day, whichever is greater. The board may, in its discretion, waive the penalty. The collection may be made by either:
(a) an action in a court of competent jurisdiction against the employer; or
(b) deductions, at the request of the board, from any other money payable to the employer by any agency or fund of the state.
(3) (a) The board shall prescribe by rule the procedure for submitting employer reports. The reports must include data about member and nonmember employees who work for the employer.
(b) The rules must specify the employee categories to be reported, the data required, the method of reporting, the reporting period, and the frequency of reports needed to meet the demands of the relevant retirement system or plan.
(c) The board may establish by rule the penalty fees for noncompliance in reporting any of the required information and the procedure for collection of the fees.
(4) Each employer shall furnish additional information concerning members that the board may request in connection with claims by members for benefits or service under a retirement system.
(5) The board is not responsible or liable for any incorrect reporting or erroneous payment of contributions by an employer.
(6) The board, from time to time, may send materials to an employer for redistribution to employees. To facilitate distribution, each employer shall provide the board with a point of contact responsible for distributing the materials.
History: En. 68-2505 by Sec. 53, Ch. 323, L. 1973; amd. Sec. 11, Ch. 99, L. 1977; R.C.M. 1947, 68-2505(1); amd. Sec. 1, Ch. 348, L. 1979; amd. Sec. 1, Ch. 138, L. 1991; amd. Sec. 16, Ch. 265, L. 1993; Sec. 19-3-802, MCA 1991; redes. 19-2-506 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 12, Ch. 562, L. 1999; amd. Sec. 8, Ch. 99, L. 2001; amd. Sec. 5, Ch. 429, L. 2003; amd. Sec. 2, Ch. 283, L. 2009; amd. Sec. 6, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-507. Transfer between funds

19-2-507. Transfer between funds.
Any pension trust fund out of which payments are made under the provisions of this title may be reimbursed to the extent of the payments by transfer of a sufficient sum for the reimbursement from another pension trust fund or funds under the control of the board.
History: En. 68-2506 by Sec. 54, Ch. 323, L. 1973; amd. Sec. 12, Ch. 99, L. 1977; R.C.M. 1947, 68-2506; amd. Sec. 3, Ch. 496, L. 1981; amd. Sec. 17, Ch. 265, L. 1993; Sec. 19-3-605, MCA 1991; redes. 19-2-507 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 13, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 5. Management and Investment of Pension Trust Funds › 19-2-511. Limitation of liability

19-2-511. Limitation of liability.
(1) The board shall exercise its fiduciary authority in the same manner that would be used by a prudent person acting in the same capacity who is familiar with the circumstances and in an enterprise of a similar character with similar aims.
(2) Plan fiduciaries are not liable for any loss to a participant's or beneficiary's account under a defined contribution plan or the university system retirement program established pursuant to 19-21-101 that results from the participant's or beneficiary's exercise of control.
(3) Plan fiduciaries are not responsible for the acts or omissions of any employer or reporting agency or of any vendor providing services to the defined contribution plan or the university system retirement program. Nothing in this subsection limits the liability of any vendor for services required by contract.
(4) Plan fiduciaries are not liable for their reliance on the express provisions of the defined contribution plan or the university system retirement program.
(5) Plan fiduciaries are not liable for investment losses incurred in the defined contribution plan or the university system retirement program as a result of incorrect reporting by an employer or other reporting agency.
History: En. Sec. 3, Ch. 490, L. 2001; amd. Sec. 1, Ch. 38, L. 2003; amd. Sec. 1, Ch. 282, L. 2013.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 6. Termination of Membership and Refunds › 19-2-601. Termination of membership

19-2-601. Termination of membership.
If a member's accumulated contributions under a retirement system are refunded, the person ceases to be a member of that system, all the person's service is canceled, and the person relinquishes claim to any benefits payable to members of the retirement system.
History: En. 68-1603 by Sec. 7, Ch. 323, L. 1973; R.C.M. 1947, 68-1603; amd. Sec. 18, Ch. 265, L. 1993; Sec. 19-3-406, MCA 1991; redes. 19-2-601 by Sec. 238, Ch. 265, L. 1993.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 2. Public Employees' Retirement General Provisions › Part 6. Termination of Membership and Refunds › 19-2-602. Refund of member's contributions on termination of service

19-2-602. Refund of member's contributions on termination of service.
(1) Except as provided in this section, any member who has terminated service, other than by death or retirement, must be paid the member's accumulated contributions upon the filing of a written application by the member and board approval. Prior to termination of service, a member may not receive a refund of any portion of the member's accumulated contributions.
(2) A nonvested member who has terminated service with accumulated contributions of less than $200 must be paid the accumulated contributions in a lump sum as soon as administratively feasible without a written application being filed by the member.
(3) A nonvested member who has terminated service with accumulated contributions of $200 to $1,000 must be paid the accumulated contributions in a lump sum as soon as administratively feasible unless a written application is filed within 90 days of terminating service pursuant to subsection (4).
(4) Upon the filing of a written application by an alternate payee eligible to receive a single distribution of $200 or more under 19-2-907 or 19-2-909 or by a member who is terminating service and is eligible to receive a refund of $200 or more of accumulated contributions, the board shall make a direct rollover distribution of any eligible rollover distribution allowed under section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31). The direct rollover distribution must be paid directly to an eligible retirement plan allowed under applicable federal law. As of January 1, 2008, an eligible retirement plan includes a Roth IRA, provided for under 26 U.S.C. 408A. The applicant is responsible for designating an eligible retirement plan on forms provided by the board. The portion of the account that is not an eligible rollover distribution must be paid directly to the recipient.
History: En. 68-1905 by Sec. 26, Ch. 323, L. 1973; amd. Sec. 6, Ch. 128, L. 1975; R.C.M. 1947, 68-1905; amd. Sec. 1, Ch. 107, L. 1979; amd. Sec. 4, Ch. 496, L. 1981; amd. Sec. 19, Ch. 265, L. 1993; Sec. 19-3-703, MCA 1991; redes. 19-2-602 by Sec. 238, Ch. 265, L. 1993; amd. Sec. 6, Ch. 58, L. 1999; amd. Secs. 14, 99(2), Ch. 562, L. 1999; amd. Sec. 9, Ch. 99, L. 2001; amd. Sec. 3, Ch. 329, L. 2005; amd. Sec. 1, Ch. 128, L. 2007; amd. Sec. 3, Ch. 284, L. 2009; amd. Sec. 1, Ch. 195, L. 2017.