reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4017 - DISTRIBUTION OF DROP BENEFIT

Current through Register Vol. 13, July 5, 2024
(1) The DROP
				benefit will be distributed upon the participant's termination of employment.
				The participant may request to receive the DROP benefit in a lump sum, or in a
				direct rollover to another eligible plan, as allowed by the Internal Revenue
				Service (IRS).
(2) To make a
				direct rollover of the DROP benefit, the participant must make arrangements
				with the other plan and provide any necessary information to MPERA.
(3) A participant must designate a
				distribution method within 60 days after termination of employment; otherwise
				MPERA will pay the DROP benefit to the participant in a lump sum. Any required
				federal or state withholding will reduce the amount of the payment.
(4) MPERA will distribute the DROP benefit as
				soon as administratively feasible once all appropriate documents are filed with
				MPERA.
(5) Upon a DROP
				participant's death, the participant's DROP benefit will be paid to the
				participant's survivors or, if no survivors exist, then to the participant's
				designated beneficiaries. The DROP benefit will be paid in a lump sum, unless
				the recipient chooses to receive the DROP benefit in a direct rollover to
				another eligible retirement plan, as allowed by the IRS.
AUTH:
					 19-2-403,
					 19-6-1003, MCA; IMP:
					 19-6-1003,
					 19-6-1006,
					 19-6-1008,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4018 - DISTRIBUTION OF DROP BENEFIT PURSUANT TO FAMILY LAW ORDER

Current through Register Vol. 13, July 5, 2024
(1) A family law
				order (FLO) may distribute all or a portion of a DROP participant's DROP
				benefit to an alternate payee. To do so, the FLO must specifically reference
				distribution of a DROP benefit and provide a specific method for determining
				the amount of the DROP benefit to be paid to the alternate payee.
(2) The alternate payee named in the FLO is
				entitled to the same distribution options available to the participant and as
				allowed by the IRS.
(3) A FLO may
				distribute all or a portion of a DROP participant's DROP benefit even if the
				participant joined the DROP subsequent to approval of the FLO.
(4) A FLO that does not specifically address
				a DROP benefit will not be considered to distribute any portion of the payee's
				DROP benefit to an alternate payee.
(5) A FLO cannot specifically require or
				forbid that the payee participate in the DROP.
(6) To distribute any portion of a
				participant's DROP benefit, a FLO approved prior to the effective date of the
				DROP legislation (October 1, 2015) must be amended to specifically address the
				DROP benefit.
(7) A DROP benefit
				cannot be distributed pursuant to a FLO until the DROP participant terminates
				employment.
AUTH:
					 19-2-403,
					 19-6-1003, MCA; IMP:
					 19-6-1003,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4020 - EMPLOYMENT AFTER THE DROP PERIOD - PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				the participant's DROP period is extended pursuant to ARM
				2.43.4023,
				monthly DROP accruals will stop at the end of the designated DROP period even
				if the participant continues HPORS-covered employment.
(2) The participant's monthly service
				retirement benefit payments for the pre-DROP and the post-DROP period will
				begin the month following the month in which the participant terminates
				post-DROP HPORS-covered employment.
(3) The participant's DROP benefit will be
				distributed pursuant to ARM
				2.43.4017.
(4) The surviving spouse or dependent
				child(ren) in existence at the time of the participant's death will receive
				both continuing monthly service retirement benefit payments. If there is no
				surviving spouse or dependent child(ren) at the time of the participant's
				death:
(a) any remaining accumulated
				contributions attributable to the pre-DROP period will be paid to the
				designated beneficiary for that benefit payment; and
(b) any remaining accumulated contribution
				attributable to the post-DROP period will be paid to the designated beneficiary
				for that benefit payment.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4023 - IMPACT OF UNIFORMED SERVICE DURING DROP PERIOD

Current through Register Vol. 13, July 5, 2024
(1) HPORS DROP
				participants called to duty for a period or periods of service in the uniformed
				services during their DROP period must, within 90 days from the date they
				return to employment, make an irrevocable election to either:
(a) include in their original DROP period,
				pursuant to ARM
				2.43.2315, the time in which they
				were called to duty; or
(b) add
				this time to the end of their original DROP period.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4024 - DIFFERENTIAL PAY FOR MILITARY LEAVE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				(2) and (3), differential pay is pay by an employer to a member who leaves
				HPORS-covered employment to serve in the uniformed services, and the pay is for
				all or some of the difference between the member's normal salary and military
				pay.
(2) During the DROP period,
				employer contributions under
				19-6-404, MCA, for all
				differential pay must continue to be made to the retirement system.
(3) Member contributions under
				19-6-402, MCA, for differential
				pay must be made to the member's DROP account.
(4) The remainder of the participant's
				monthly DROP accrual will be subject to ARM 2.43.4023.
AUTH:
					 19-2-403,
					 19-6-1003, MCA; IMP:
					 19-6-1005,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.42 - Sheriffs' Retirement System › Rule 2.43.4203 - DETENTION OFFICER MEMBERSHIP IN SHERIFFS' RETIREMENT SYSTEM (SRS)

Current through Register Vol. 13, July 5, 2024
(1) An active PERS member on July 1, 2005 is
				eligible to become a member of the SRS, and an employee hired by a sheriff
				after July 1, 2005 must become a member of the SRS, pursuant to Title 19,
				chapter 7, part 3, MCA, if the member or employee meets the definition of
				"detention officer" in
				19-7-101(2), MCA,
				which includes:
(a) being employed in a
				detention center, a juvenile detention center, a temporary detention center, or
				a detention facility;
(b) having
				authority and responsibility for maintaining custody of an inmate for any
				period of time and performing tasks related to the operation of a detention
				center; and
(c) completing, within
				the time allowed by ARM
				23.13.206, a detention officers'
				basic course as provided by the Montana Law Enforcement Academy or equivalent
				training in a training school meeting the minimum standards of the Board of
				Crime Control, as required by ARM 23.13.206, pursuant to
				44-4-301, MCA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.42 - Sheriffs' Retirement System › Rule 2.43.4204 - DETENTION OFFICER ELECTION TO TRANSFER TO SHERIFFS' RETIREMENT SYSTEM (SRS)

Current through Register Vol. 13, July 5, 2024
(1) An active PERS
				member who, on July 1, 2005, met all the criteria to be a "detention officer"
				was eligible to make an election to become a member of SRS.
(2) A detention officer who elected to change
				retirement system membership from PERS to SRS pursuant to (1) has not
				terminated from service and is not eligible to receive any benefit from PERS
				until termination of employment.
19-2-403, MCA; IMP,
					 19-7-101,
					 19-7-301,
					 19-7-302,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.42 - Sheriffs' Retirement System › Rule 2.43.4207 - DETENTION CENTER REPORTS FROM SHERIFFS

Current through Register Vol. 13, July 5, 2024
(1)
				On or before June 1 of each year, the board will provide each sheriff an
				employer report containing the information from the immediately preceding
				report, on which the sheriff need only provide new information or corrections
				regarding employees of the sheriffs' office.
(2) By the 15th day of July each year, the
				sheriff of each county with a detention center must file the revised employer
				report with the board.
(3) The
				employer report will include information documenting the appropriate retirement
				system for detention officers, as of June 30 of each year, including:
(a) each detention officer's name, social
				security number, retirement system, and date of initial employment in current
				position;
(b) whether the employee
				is acting as a detention officer, and has completed a detention officers' basic
				course or equivalent training at a training school meeting the minimum
				standards of the Board of Crime Control or is expected to receive such training
				within the time allowed by ARM
				23.13.206; and
(c) the date the employee left employment, if
				applicable.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4603 - MUNICIPAL POLICE OFFICERS' MINIMUM BENEFIT ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) When a city belonging to MPORS has not
				negotiated a salary agreement with its actively employed police officers by
				July 1 of any year, the following actions will be taken by MPERA:
(a) Retirement benefits will be paid to
				non-GABA retirees from that city using the most recent base salary for a newly
				confirmed police officer negotiated by the city and reported to
				MPERA.
(b) When a salary is
				negotiated by the city and MPERA is notified of a change in base pay for the
				city's newly confirmed police officers, retirement benefits will be
				recalculated and adjustments paid retroactively to non-GABA retirees from that
				city.
(c) Updated reports will be
				sent to the State Auditor certifying the increased retirement benefits payable
				from insurance premium tax funds during a given fiscal year as those amounts
				become known.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4606 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "DROP" means the deferred retirement
				option plan.
(2) "DROP account"
				means the amount of money that has accrued to a DROP participant and includes
				the monthly DROP accrual plus post retirement adjustments, times the applicable
				number of months of participation, and interest.
(3) "Monthly DROP accrual" means the amount
				equal to the monthly benefit that would have been payable to the participant
				had the participant terminated and retired.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1205,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4609 - DROP APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				Eligible members who wish to participate in the DROP must file a DROP
				information request with MPERA.
(2)
				The information request must include the member's:
(a) full name;
(b) social security number;
(c) mailing address;
(d) date of birth; and
(e) anticipated date to start the DROP
				period.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4610 - DROP PERIOD

Current through Register Vol. 13, July 5, 2024
(1) The DROP period
				must begin on the first day of a month, must be prospective, and must end on
				the last day of a month. The DROP period will end as specified on the
				application, upon termination, or upon the participant's death, whichever
				occurs first.
(2) If the
				participant terminates or dies during the DROP period, the DROP period will end
				on the last day of the last full month of active service.
(3) A participant may not receive a
				retirement or DROP benefit distribution for the month in which they terminate
				or die.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1203,
					 19-9-1204,
					 19-9-1206,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4613 - DROP PARTICIPATION LIMITS

Current through Register Vol. 13, July 5, 2024
(1) A DROP
				participant:
(a) is not eligible for
				disability retirement;
(b) may not
				purchase service;
(c) may not
				receive membership or service credit; and
(d) may not receive a refund.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4615 - ESTIMATED MONTHLY DROP ACCRUAL

Current through Register Vol. 13, July 5, 2024
(1) Once a
				participant files an application to participate in the DROP, the participant
				may be paid estimated monthly DROP accruals.
(2) The employer shall provide all documents
				MPERA needs to determine the participant's total service credit and final
				average compensation. Once the documents are received, the MPERA will finalize
				the amount of the participant's monthly DROP accrual. Once the monthly accrual
				amount is finalized, the board will take appropriate action on the application
				at the next board meeting.
(3)
				MPERA will suspend estimated monthly DROP accruals after three months if the
				employer has not provided the above documents. Monthly DROP accruals will not
				resume until after the documents are received and the board approves the DROP
				application. The first monthly DROP accrual following board approval will
				include any previously suspended accruals and retroactive accruals.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1203,
					 19-9-1205,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4616 - INTEREST PAID TO PARTICIPANTS

Current through Register Vol. 13, July 5, 2024
(1) A
				participant's DROP account must include compounded annual interest.
(2) Subject to (3), the interest rate will be
				fixed at the end of each fiscal year and will equal the actuarially assumed
				rate of return for the trust fund.
(3) Interest credited on the DROP account
				shall comply with any applicable provisions of
				29 USC section
				623 (i)(10)(B)(i) of the federal Age
				Discrimination in Employment Act (ADEA) and any applicable federal treasury
				regulations establishing market rates of return for purposes of complying with
				ADEA.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-2-303(23),
					 19-9-1206,
					 19-9-1208,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4617 - DISTRIBUTION OF DROP BENEFIT

Current through Register Vol. 13, July 5, 2024
(1) The DROP
				benefit will be distributed upon the participant's termination of employment.
				The participant may request to receive the DROP benefit in a lump sum, or in a
				direct rollover to another eligible plan, as allowed by the Internal Revenue
				Service (IRS).
(2) To make a direct
				rollover of the DROP benefit, the participant must make arrangements with the
				other plan and provide any necessary information to MPERA.
(3) A participant must designate a
				distribution method within 60 days after termination of employment; otherwise
				MPERA will pay the DROP benefit to the participant in a lump sum. Any required
				federal or state withholding will reduce the amount of the payment.
(4) MPERA will distribute the DROP benefit as
				soon as administratively feasible once all appropriate documents are filed with
				MPERA.
(5) Upon a DROP
				participant's death, the participant's DROP benefit will be paid to the
				participant's survivors or, if no survivors exist, then to the participant's
				designated beneficiaries. The DROP benefit will be paid in a lump sum, unless
				the recipient chooses to receive the DROP benefit in a direct rollover to
				another eligible retirement plan, as allowed by the IRS.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-2-1007,
					 19-9-1206,
					 19-9-1208,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4618 - DISTRIBUTION OF DROP BENEFIT PURSUANT TO FAMILY LAW ORDER

Current through Register Vol. 13, July 5, 2024
(1) A family law order (FLO) may distribute
				all or a portion of a DROP participant's DROP benefit to an alternate payee. To
				do so, the FLO must specifically reference distribution of a DROP benefit and
				provide a specific method for determining the amount of the DROP benefit to be
				paid to the alternate payee.
(2)
				The alternate payee named in the FLO is entitled to the same distribution
				options available to the participant and as allowed by the IRS.
(3) A FLO may distribute all or a portion of
				a DROP participant's DROP benefit even if the participant joined the DROP
				subsequent to approval of the FLO.
(4) A FLO that does not specifically address
				a DROP benefit will not be considered to distribute any portion of the payee's
				DROP benefit to an alternate payee.
(5) A FLO cannot specifically require or
				forbid that the payee participate in the DROP.
(6) To distribute any portion of a
				participant's DROP benefit, a FLO approved prior to the enactment of the DROP
				legislation (May 1, 2001) must be amended to specifically address the DROP
				benefit.
(7) A DROP benefit cannot
				be distributed pursuant to a FLO until the DROP participant terminates
				employment.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1208,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4620 - EMPLOYMENT AFTER THE DROP PERIOD - PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) Monthly DROP accruals will stop at the
				end of the designated DROP period even if the participant continues
				employment.
(2) The participant's
				monthly service retirement benefit payments for the pre-DROP period and the
				post-DROP period will begin the month following the month in which the
				participant terminates post-DROP employment.
(3) The participant's DROP benefit will be
				distributed pursuant to ARM
				2.43.4617.
(4) The surviving spouse or dependent
				child(ren) in existence at the time of the participant's death will receive
				both continuing monthly service retirement benefit payments. If there is no
				surviving spouse or dependent child(ren) at the time of the participant's
				death:
(a) any remaining accumulated
				contributions attributable to the pre-DROP period will be paid to the
				designated beneficiary for that benefit payment; and
(b) any remaining accumulated contribution
				attributable to the post-DROP period will be paid to the designated beneficiary
				for that benefit payment.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4623 - GUARANTEED ANNUAL BENEFIT ADJUSTMENT INCREASES FOR DROP PARTICIPANTS

Current through Register Vol. 13, July 5, 2024
(1) This rule applies to participants
				eligible for the guaranteed annual benefit adjustment (GABA) under
				19-9-1009,
				19-9-1010, or
				19-9-1013, MCA.
(2) A participant will be eligible for
				subsequent GABA increases after participating in the DROP for at least 12
				months. The first GABA increase will begin the following January. The GABA will
				be applied to the participant's monthly DROP accrual.
(3) Participants who continue employment
				after the DROP period will not receive GABA increases during the period of
				post-DROP employment.
(4) After
				termination of employment, GABA increases will be applied to the participant's
				retirement benefits, but not to the DROP benefit. The participant will receive
				GABA increases after receiving monthly DROP accruals or retirement benefits for
				a combined total of at least 12 months. The GABA increase will begin the
				following January.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1205,
					 19-9-1207,
					 19-9-1208,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.46 - Municipal Police Officers' Retirement System › Rule 2.43.4624 - MINIMUM BENEFIT FOR DROP PARTICIPANTS

Current through Register Vol. 13, July 5, 2024
(1) This
				rule applies to participants eligible for the minimum benefit adjustment under
				19-9-1007, MCA.
(2) The monthly DROP accrual paid during the
				DROP period may not be less than the minimum benefit.
(3) Participants who continue employment
				after the DROP period may not receive minimum benefit increases during the
				period of post-DROP employment.
(4)
				The total retirement benefit paid to a participant after termination may not be
				less than the minimum benefit.
19-2-403,
					 19-9-1203, MCA; IMP,
					 19-9-1205,
					 19-9-1207,
					 19-9-1208,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.48 - Firefighters' Unified Retirement System › Rule 2.43.4803 - FIREFIGHTERS' MINIMUM BENEFIT ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				When a city belonging to FURS has not negotiated a salary agreement with its
				actively employed firefighters by July 1 of any year, MPERA shall take the
				following actions:
(a) Retirement benefits
				will be paid to non-GABA retirees from that city using the most recent base
				salary for a newly confirmed firefighter negotiated by the city and reported to
				MPERA.
(b) When a salary agreement
				is negotiated by the city and MPERA is notified of a change in base pay for the
				city's newly confirmed firefighters, retirement benefits will be recalculated
				and adjustments paid retroactively to non-GABA retirees from that
				city.
(c) Updated reports will be
				sent to the State Auditor certifying the increased retirement benefits payable
				from insurance premium tax funds during a given fiscal year as those amounts
				become known.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.48 - Firefighters' Unified Retirement System › Rule 2.43.4807 - PART-PAID FIREFIGHTERS' SERVICE

Current through Register Vol. 13, July 5, 2024
(1)
				Service credit earned by part-paid firefighters prior to July 1, 1981, will be
				computed and granted on the basis of the ratio of salary earned by the
				part-paid firefighter to the salary paid to a newly confirmed full-paid
				firefighter during the same time period.
(2) Service credit earned on or after July 1,
				1981, shall be granted under the assumption that all part-paid firefighters
				work 15% time. Employer and part-paid employee contributions to FURS will be
				based on an assumed salary for part-paid firefighters which is 15% of a newly
				confirmed full-paid firefighter's salary for the same time period.
(3) A part-paid firefighter will accrue
				service credit of one month for each calendar month during which contributions
				are made; however, if and when the part-paid service is qualified into another
				system, or if the part-paid firefighter also has full-paid firefighter service
				credit, each calendar month of part-paid service shall be credited as only.15
				months of service.
19-2-403, MCA; IMP,
					 19-13-301,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5001 - BASIC UNIT OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1) As of July 1,
				1965, the basic unit of service for volunteer firefighters is one fiscal year.
				Volunteer firefighters not continuously on the active membership list of a
				single qualifying volunteer fire company for the entire fiscal year shall not
				be listed on the annual certificate and shall not receive credit for service
				under the Volunteer Firefighters' Compensation Act (VFCA) for that fiscal year.
				A volunteer fire company qualifies to participate in the VFCA if the
				requirements of
				19-17-402, MCA, are met.
(2) A volunteer firefighter shall receive one
				year of credit for service under the VFCA for each two full fiscal years of
				service performed prior to July 1, 1965.
19-17-203, MCA; IMP,
					 19-17-201,
					 19-17-401,
					 19-17-402,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5002 - FAILURE TO FILE REQUIRED REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Annual
				certificates filed after the September 1 due date must be appealed to and
				considered by the board for approval. Information provided to the board by the
				fire chief or designated official must include:
(a) the original, notarized annual
				certificate;
(b) certified training
				documents showing the required 30 hours of training per listed member,
				including the date, title, description, and hours of all applicable training
				classes, and the names of all members who attended the specific training
				classes;
(c) a letter from the fire
				chief explaining why the annual certificate was not filed timely; and
(d) a request for oral argument before the
				board if oral argument is desired.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5003 - MEMBERSHIP CARDS

Current through Register Vol. 13, July 5, 2024
(1) Each member
				must complete a VFCA membership card upon commencing service as a volunteer
				firefighter, name change, change of statutory beneficiary, or change of fire
				company/district.
19-17-203, MCA; IMP,
					 19-17-112,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5004 - EFFECTIVE DATE FOR PENSION BENEFIT ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) By October 31 of each year the board
				shall determine whether the VFCA pension trust fund is actuarially sound and
				the amortization period for any unfunded liability remains at 20 years or less.
				As required by
				19-17-404, MCA, the board shall
				then make pension adjustments for the next 12 months commencing with November
				benefits.
19-17-203, MCA; IMP,
					 19-17-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5005 - APPLICATION PROCESS FOR VFCA DISABILITY BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) All forms necessary to apply for
				disability benefits may be obtained from MPERA.
(2) The following forms must be completed and
				submitted to MPERA before the board will act on the application for disability
				benefits:
(a) application for disability
				benefit and summary of disability;
(b) VFCA duty questionnaire for disability
				retirement completed by the fire chief;
(c) attending physician's statement,
				including all medical records required to substantiate a disability
				claim;
(d) authorization to release
				information; and
(e) a Health
				Insurance Portability and Accountability Act (HIPAA) authorization.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5006 - APPLICATION FOR GROUP INSURANCE PREMIUM PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each volunteer fire company, or
				organization or agency maintaining supplemental insurance for a fire company,
				is eligible for payments toward supplemental insurance coverage for active
				members of the fire company provided the company files each year:
(a) by September 1 a roster for the current
				fiscal year; and
(b) by December 31
				proof of insurance and a completed MPERA-provided application form.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5007 - PAYMENTS FOR MEDICAL EXPENSES RESULTING FROM DUTY-RELATED INJURIES AND ILLNESSES

Current through Register Vol. 13, July 5, 2024
(1) Payments for
				medical expense claims made pursuant to Title 19, chapter 17, part 5, MCA, will
				be paid after:
(a) the claim is properly filed
				as described in
				19-17-502, MCA; and
(b) all personal and/or group insurance
				payments for those services first have been deducted from the claim.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.50 - Volunteer Firefighters' Compensation Act › Rule 2.43.5008 - PAYMENTS FOR FUNERAL EXPENSES RESULTING FROM DUTY-RELATED DEATH

Current through Register Vol. 13, July 5, 2024
(1) Payments for funeral expense claims made
				pursuant to Title 19, chapter 17, part 5, MCA, will be paid after:
(a) the claim is properly filed as described
				in 19-17-503, MCA; and
(b) all personal and/or group insurance
				payments for those services first have been deducted from the claim.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5101 - ADOPTION OF DEFERRED COMPENSATION PLAN DOCUMENT AND TRUST AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) The board adopts and incorporates by
				reference the following:
(a) State of Montana
				Public Employee Deferred Compensation Plan Document, that was approved by the
				board on February 9, 2023, and describes the terms and conditions related to
				the operation and administration of the plan; and
(b) State of Montana Public Employee Deferred
				Compensation Plan Trust Agreement (January 1, 2002 edition), that was approved
				by the board on February 22, 2001, and September 28, 2001. The trust agreement
				sets the board's responsibilities as trustee of the deferred compensation plan
				and requires that the assets of the trust be used for the exclusive benefit of
				the plan participants and beneficiaries.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5102 - ADOPTION OF INVESTMENT POLICY STATEMENT AND FIXED FUND INVESTMENT POLICY STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The board adopts
				and incorporates by reference the State of Montana 457 Plan (deferred
				compensation) Investment Policy Statement approved by the board on April 11,
				2024. The Investment Policy Statement provides investment guidelines for the
				457(b) deferred compensation plan, a supplemental retirement-savings vehicle
				that permits participants to invest on either a pre-tax or a tax-deferred
				basis. The investment guidelines help the board to meet its fiduciary
				responsibilities to evaluate and positively influence the direction of the plan
				and its investments for the benefit of the plan participants and
				beneficiaries.
(2) The board adopts
				and incorporates by reference the Montana Fixed Fund Investment Policy
				Statement approved by the board on February 10, 2022. These guidelines apply to
				the investment of 401(a) defined contribution plan participant assets and
				457(b) deferred compensation plan participant assets that are pooled together
				in the plans' stable value group trust. The investment policy statement was
				developed through mutual agreement amongst the board, the investment manager,
				and the insurance wrap providers and provides guidance to the investment
				manager advisor when investing participants' funds contained within the stable
				value group trust.
(3) Copies of
				the 457 Plan Investment Policy Statement and the Montana Fixed Fund Investment
				Policy Statement may be obtained from MPERA, 100 North Park Avenue, Suite 200,
				P.O. Box 200131, Helena, MT 59620-0131, phone 1 (877) 275-7372, e-mail
				mpera@mt.gov. The documents are also available online at
www.mpera.mt.gov
.
AUTH:  19-50-102, MCA; IMP:  19-50-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5103 - DEFERRED COMPENSATION PLAN INVESTMENT OPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board will
				choose, regularly review, and may discontinue, add, or change investment
				options offered to participants of the Deferred Compensation Plan. In doing so,
				the board will consider recommendations of the statutorily established Employee
				Investment Advisory Council and follow criteria established in the Plan's
				Investment Policy Statement.
(2) A
				Deferred Compensation Plan participant with assets in a discontinued investment
				option will be given notice and 90 days to move assets from the investment
				option being discontinued to an offered investment option. Assets remaining in
				a discontinued investment option at the end of the 90-day period will be
				automatically transferred to the investment option similar in investment
				category and style selected by the board to replace the discontinued investment
				option. If the discontinued investment option is not replaced, the board will
				transfer the fund balance to an age-appropriate target date fund offered by the
				Deferred Compensation Plan.
(3)
				Deferred Compensation Plan participants will be provided a minimum of 30 days
				notice if the board replaces or changes the stable value investment option
				manager. The stable value investment option assets will automatically transfer
				to the new manager(s).
AUTH:
					 19-50-102, MCA; IMP:
					 19-50-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5104 - ADOPTION OF STATE OF MONTANA PUBLIC EMPLOYEES POOLED TRUST

Current through Register Vol. 13, July 5, 2024
(1) The board adopts and incorporates by
				reference the amended Declaration of Trust - State of Montana Public Employees
				Pooled Trust that was approved by the board on December 13, 2018, and became
				effective on January 31, 2019. The Declaration of Trust created a pooled trust
				effective January 1, 2010, under which stable value assets in the 401(a)
				defined contribution plan and the 457(b) deferred compensation plan were
				commingled and jointly invested, but separately maintained and
				recorded.
(2) Copies of the State
				of Montana Public Employees Pooled Trust and related materials may be obtained
				from MPERA, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, MT
				59620-0131, telephone 1 (877) 275-7372, or e-mail mpera@mt.gov, and are
				available on MPERA's web site at
www.mpera.mt.gov
.
AUTH:
					 19-3-2104,
					 19-50-102,
					 MCA IMP:
					 19-3-2102,
					 19-50-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5109 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) Domestic Relations Order (DRO) is a draft
				document designed to divide a participant's 457 account pursuant to a domestic
				relations order.
(2) Qualified
				Domestic Relations Order (QDRO) is a domestic relations order that has been
				approved by the board.
19-50-102, MCA; IMP,
					 19-50-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5110 - QUALIFIED DOMESTIC RELATIONS ORDERS - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The board will accept and implement QDROs
				in the Deferred Compensation (457) Plan sponsored by the State of
				Montana.
(2) Upon request, MPERA
				will provide to the public a checklist of required and optional provisions for
				QDROs.
(3) Information concerning a
				participant's account will only be released subject to the terms of ARM
				2.43.1405.
(4) Upon receipt of a certified copy of a
				stay from the issuing court or the Montana Supreme Court, MPERA and the board
				will suspend further consideration or implementation of a Domestic Relations
				Order (DRO). Unless otherwise directed by court order, MPERA will not
				distribute the participant's 457 account pending resolution of the stay. MPERA
				will take further action only on receipt of a certified copy of an order
				directing such action. If the stay is lifted, MPERA will proceed with
				consideration, approval, and implementation procedures.
(5) A restraining order may be used to
				temporarily stop or prohibit payment to a participant. The order must contain
				the same information identifying the participant and alternate payee as
				required for a QDRO. If a DRO is not received before the order expires,
				payments will resume and any retained payments will be made to the
				participant.
(6) The board will not
				charge a fee for approving or implementing a QDRO. However, the board may
				charge a reasonable fee if a participant, an alternate payee, or any of their
				attorneys make excessive demands of MPERA staff to provide assistance in
				drafting a DRO which can be qualified.
(7) Any fees required by a third party
				administrator or record keeper for segregated accounts will be charged against
				the participant's account unless the QDRO states the fee should be deducted
				from amounts paid to the alternate payee.
(8) The alternate payee must promptly inform
				MPERA of any change of name or address prior to payment of their share of the
				participant's account.
19-50-102, MCA; IMP,
					 19-50-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5111 - QUALIFIED DOMESTIC RELATIONS ORDERS - CONTENTS

Current through Register Vol. 13, July 5, 2024
(1) A QDRO must contain the following
				information:
(a) the name, current mailing
				address, date of birth, and social security number of the
				participant;
(b) the name, current
				mailing address, date of birth, and social security number of the alternate
				payee;
(c) the amount or percentage
				of the participant's account, distribution, or payments to be paid by the
				Deferred Compensation (457) Plan to the alternate payee, or a description of
				how to calculate the amount or percentage;
(d) the number of payments or the period of
				time to which the order applies if the participant is receiving periodic or
				annuity payments; and
(e) if the
				participant receives lump sum payments in addition to periodic payments, the
				QDRO must specify a separate proportion or fixed amount to be applied to the
				lump sum payments. Otherwise the lump sum payments will not be
				divided.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.51 - Deferred Compensation (457) Plan › Rule 2.43.5112 - QUALIFIED DOMESTIC RELATIONS ORDERS - APPROVAL AND IMPLEMENTATION

Current through Register Vol. 13, July 5, 2024
(1) A participant or alternate payee must
				submit a certified copy of a DRO to MPERA for board approval. The board may
				delegate authority for approval to the executive director.
(2) MPERA will notify the participant and the
				alternate payee when it receives a certified copy of a DRO. The notice will
				explain the procedures for determining if the DRO is qualified.
(3) While reviewing the DRO, MPERA will work
				with the recordkeeper to:
(a) prevent
				distributions from the participant's account, but allow the participant to
				manage the investments; and
(b)
				segregate the amounts, and earnings thereon, that will be owed to the alternate
				payee if the DRO is qualified.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.1 - Organizational Rule › Rule 2.44.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) The
				organizational rule of the teachers' retirement board is set forth in ARM
				2.1.101 and is herein adopted and
				incorporated by this reference..
Sec.
					 2-4-201 MCA; IMP,
					 2-4-201
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.2 - Procedural Rules › Rule 2.44.201 - MODEL PROCEDURAL RULE

Current through Register Vol. 13, July 5, 2024
(1) To the extent
				applicable to the operations of the teachers' retirement board, the board has
				herein adopted and incorporated the attorney general's model procedural rules
				one through 28 by reference to such rules as stated in ARM
				1.3.101 through 1.3.234, as amended
				as of June 12, 1992.
Sec.
					 2-4-201 MCA; IMP,
					 2-4-201
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.2 - Procedural Rules › Rule 2.44.202 - APPLICABILITY OF RULES

Current through Register Vol. 13, July 5, 2024
(1) All of the
				following rules may not be subject to the provisions of the Montana
				Administrative Procedure Act. To the extent that they are applicable,
				procedural rules adopted herein will be applied. To the extent that they are
				not applicable, procedural rules may be followed at the option of the board. In
				both cases, these rules shall have full force and effect upon the activities
				over which the teachers' retirement board has responsibility and/or
				authority.
Sec.
					 2-4-201 and
					 19-4-201 MCA; IMP,
					 2-4-201 and
					 19-4-201
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.301 - MEMBERSHIP ELECTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 19-4-201 MCA; IMP, Sec.
					 19-4-302
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.301A - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this chapter, the following definitions
				  apply:
(1) "Alternate payee" means an
				alternate payee as defined in
				19-20-305, MCA.
(2) "Board" or "retirement board" means the
				Teachers' Retirement Board as provided for in
				2-15-1010, MCA.
(3) "Contingent beneficiary" means a
				beneficiary designated to receive payments if all primary beneficiaries are
				deceased. Contingent beneficiaries will be awarded benefits on a
				share-and-share-alike basis, unless specified otherwise on the member's
				designation form.
(4) "Direct
				rollover" means a distribution made by the Teachers' Retirement System directly
				to an eligible retirement plan specified by the participant.
(5) "Eligible retirement plan" means any of
				the following that accepts a participant's eligible rollover distribution:
(a) an individual retirement account
				described in Internal Revenue Code (IRC) section 408(a);
(b) an individual retirement annuity
				described in IRC section 408(b);
(c)
				an annuity plan described in IRC section 403(a);
(d) a qualified trust described in section
				401(a);
(e) effective January 1,
				2002, an annuity contract described in IRC section 403(b);
(f) effective January 1, 2002, a plan
				eligible under IRC section 457(b) that is maintained by a state, political
				subdivision of a state, or any agency or instrumentality of a state or a
				political subdivision of a state that agrees to separately account for amounts
				transferred into that plan from a plan under this chapter; or
(g) effective January 1, 2008, a Roth
				Individual Retirement Account (IRA) described in IRC section
				408A.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.302 - MEMBERSHIP OF SCHOOL NURSES, SPEECH THERAPIST OR SCHOOL PSYCHOLOGIST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 19-4-201 MCA; IMP, Sec.
					 19-4-205 and
					 19-4-302
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.303 - MEMBERSHIP OF PART-TIME AND FEDERAL PAID EMPLOYEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 19-4-201 MCA; IMP, Sec.
					 19-4-205 and
					 19-4-302
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.304 - QUALIFICATION OF THE ACTUARY

Current through Register Vol. 13, July 5, 2024
(1) The actuary
				designated by the Teachers' Retirement Board, at a minimum, must:
(a) be a member of at least one of the
				following professional organizations, as designated:
(i) a Member of the American Academy of
				Actuaries;
(ii) a Fellow or Member
				of the American Society of Pension Professionals; or
(iii) an Associate or Fellow of the Society
				of Actuaries.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.44 - TEACHERS' RETIREMENT BOARD › Subchapter 2.44.3 - Membership › Rule 2.44.305 - OPTIONAL RETIREMENT PROGRAM FOR CERTAIN MEMBERS OF THE MONTANA UNIVERSITY SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) Each unit of
				the university system shall provide the Teachers' Retirement Board with a
				monthly report of all members participating in the optional retirement program
				and remit the employer contributions due. The report shall contain the
				following and be in alphabetical order:
(a)
				last name, first name;
(b) social
				security number;
(c) salary
				earned.