reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.16 - Alternate Work Schedule › Rule 2.21.1611 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-18-102 MCA; IMP,
					 2-18-102
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1701 - SHORT TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1702 - POLICY AND OBJECTIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1703 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1711 - ADMINISTRATION OF OVERTIME COMPENSATION AND NONEXEMPT COMPENSATORY TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1712 - OVERTIME COMPENSATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1713 - NONEXEMPT COMPENSATORY TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.17 - Overtime and Nonexempt Compensatory Time › Rule 2.21.1731 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1801 - SHORT TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1802 - POLICY AND OBJECTIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1803 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1811 - ADMINISTRATION OF EXEMPT COMPENSATORY TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1812 - EXEMPT EMPLOYEES AND EXEMPT COMPENSATORY TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.18 - Exempt Compensatory Time › Rule 2.21.1831 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1930 - SHORT TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-1305, MCA; IMP,
					 2-18-1302,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1931 - OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The Department of Administration
				administers a Voluntary Employees' Beneficiary Association (VEBA) that allows
				Montana public employees to access health reimbursement accounts for
				themselves, their spouses, and other tax-qualified dependents to pay qualified
				health care expenses. The VEBA is funded by employer contributions and earnings
				from investment of the contributions. This program is called the Montana VEBA
				Health Reimbursement Account (Montana VEBA HRA), and is the plan established
				under Title 2, chapter 18, part 13, MCA.
(2) The objective of these rules is to
				establish uniform and cost-effective procedures for plan
				administration.
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1302, MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1932 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions found in
				  2-18-1303, MCA, the
				  following definitions apply to this subchapter:
(1) "Dependent" means the tax-qualified
				dependent of the participant as determined under section 105(b) of the Internal
				Revenue Code,
				26 USC
				105(b). A tax-qualified
				dependent includes the participant's spouse recognized under the laws of the
				state in which the marriage was first established, and any child who has not,
				as of the end of the taxable year, attained age 27.
(2) "Eligible to retire" means eligible for
				benefits from the employer's given retirement system.
(3) "Employee" means a person employed in a
				pay status of at least 1040 hours each year. An employee is not an independent
				contractor or person hired by the employer under a personal services contract,
				a student intern, an employee employed in a seasonal position, or certain
				nonresident aliens.
(4) "Group"
				means a minimum of five employees employed by the same employer and formed
				pursuant to ARM
				2.21.1937.
(5) "HRA" means a health reimbursement
				account to pay qualified health care expenses through employer contributions
				and investment earnings. The funds must be used for qualified health care
				expenses until funds are exhausted.
(6) "Member" means an employee whose work
				unit voted to establish a group.
(7) "Participant" means a member who
				separates from service, and for whom an account is established in the Montana
				VEBA HRA.
(8) "Qualified health
				care expenses" means expenses for a participant or the participant's dependent
				for medical care, as defined by section 213(d) of the Internal Revenue Code,
				26 USC
				213(d). Examples of
				qualified health care expenses are prescription drug costs, hospital and
				physician charges, and health insurance premiums.
(9) "Separation from service" or "Separate
				from service" means the employee retires or otherwise terminates employment and
				includes a voluntary or involuntary separation from service. The separation
				from service must be a separation from the employer. If the separation is a
				transfer within the same public entity, plan eligibility is based on the
				employee's position in the new group and the group criteria. If the separation
				is a transfer to another public entity without a Montana VEBA HRA group, the
				employee receives any remaining leave as provided by the employer's leave
				policy.
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1303, MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1933 - MONTANA VEBA HRA ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall:
(a) provide educational
				presentations about the Montana VEBA HRA upon request;
(b) review and approve requests to become a
				contracting employer;
(c) evaluate,
				modify as necessary, and approve a contracting employer's proposal for group
				structure;
(d) develop a plan for
				administration of the Montana VEBA HRA;
(e) enforce group participation requirements
				in ARM
				2.21.1937 and
				applicable nondiscrimination requirements in section 105(h) of the Internal
				Revenue Code,
				26 USC
				105(h) by not allowing
				discriminatory groups to form or to continue to exist ;
(f) establish a procedure to receive and
				deposit employer contributions consistent with this subchapter and applicable
				federal laws;
(g) establish claims
				adjudication procedures consistent with applicable laws;
(h) provide accounting and recordkeeping of
				all participant accounts;
(i)
				ensure the Montana VEBA HRA operates to preserve its tax-exempt status and that
				no part of the net earnings or trust assets inure to the benefit of any one
				participant, other than by payment of qualified health care expenses and
				reasonable administrative expenses; and
(j) determine investment vehicles available
				for participant account funds in the Montana VEBA HRA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1934 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Contracting employers may not be charged
				a fee by the department to establish one or more groups.
(2) Participants may be required to pay
				monthly administration fees and shall pay a percentage of the monthly Montana
				VEBA HRA administration expenses as determined by the department. The fee
				begins when the contracting employer contribution is deposited into the
				participant account, and continues until the account has a zero
				balance.
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1304,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1937 - ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A group may be formed by:
(a) employees in an office, department,
				board, commission, attached agency, county, incorporated city or town, school
				district, unit of the university system, and the judicial and legislative
				branches of state government;
(b)
				employees in an organizational subdivision of an employer, such as a division,
				bureau, work unit, institution, etc.;
(c) employees in a bargaining unit; or
(d) other groups of employees
				defined by an employer that are not designed to provide individual
				decision-making regarding participation.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1938 - ELECTIONS

Current through Register Vol. 13, July 5, 2024
(1) An employer may initiate or facilitate an
				election for employees to vote to form a new group in the Montana VEBA HRA.
				However, if at least 25% of employees request an election, an employer shall
				facilitate the election within 60 calendar days from the date of the request.
				Employers shall notify employees of a vote at least 15 days prior to the first
				day of the voting period.
(2)
				Employees shall determine the contribution sources before a vote is conducted.
				If the employees cannot decide on the contribution sources, the employer may
				conduct a straw poll to determine contribution sources. The employer shall
				allow all employees eligible to vote a reasonable amount of time to submit
				their choice for contribution sources. Once a majority agrees upon the
				contribution sources, the contribution sources must be listed on the ballot. If
				a majority cannot agree on contribution sources for an existing group, the
				existing group structure and contribution sources remain in place. If a
				majority cannot agree on proposed contribution sources for a new group, the
				group does not form.
(3) Employees
				who are members of a collective bargaining unit may decide to either
				participate with other employees in the formation of a group or to initiate the
				election through the bargaining unit. If the employees of a collective
				bargaining unit decide to participate with noncollectively bargained employees,
				the employer shall obtain written agreement from the union representing the
				bargaining unit employees .
(4)
				Employers shall make a reasonable effort to maintain the privacy of each
				individual ballot. Employers shall permit absentee voting for employees not
				present during an election.
(5) If
				the majority of employees vote to establish a group or change an existing
				group, then all employees eligible to vote, any employees who later become
				eligible, and any eligible employees subsequently hired into positions eligible
				for the Montana VEBA HRA become members of the group. If the majority of the
				employees vote to become members, employees who voted not to establish a group
				or change an existing group, and any eligible employees who did not return a
				ballot, become members of the group and may not opt out .
(6) If at least 25% of the members of the
				group request an annual election, members of a group shall hold a vote to:
(a) continue as an active group with the same
				contribution sources;
(b) continue
				as an active group with different contribution sources; or
(c) disband the group.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1939 - PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) A member is a participant of the Montana
				VEBA HRA at the time the member separates from service, submits a signed and
				completed enrollment form to the department or administrator, as applicable,
				and the contracting employer makes a contribution to the participant's account.
(2) If a member dies as an active
				employee, all accrued leave benefits must be paid as taxable income. The member
				is not a participant.
(3) Each
				participant may direct the investment of funds in the participant's account
				among the investment vehicles offered. The department shall identify a default
				investment vehicle for a participant who fails to select an investment
				vehicle.
(4) Participants may make
				investment changes on a monthly basis.
(5) A participant account closes when the
				balance of the account is zero.
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1304,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1940 - CONTRIBUTIONS

Current through Register Vol. 13, July 5, 2024
(1) Employer contributions into an account,
				the accumulation of interest or other earnings in an account, and payments from
				an account for qualified health care expenses are tax-exempt, as provided in
				15-30-2110,
				MCA, and under applicable federal laws to the extent that the plan meets
				requirements under applicable sections of the Internal Revenue Code.
(2) Each contracting employer shall make
				contributions to the Montana VEBA HRA for participants. The department or its
				administrator, as applicable, shall establish an account for each
				participant.
(3) Sick leave is a
				contribution source, if approved by a vote of the group, and may convert
				tax-free as a contribution. The sick leave contribution rate is 25% of the
				member's balance at time of separation from service. As agreed upon by the
				group, the sick leave balance of 25% may be divided as defined by the
				department between a Montana VEBA HRA contribution and taxable cash.
(4) Annual vacation leave is a contribution
				source, if approved by a vote of the group, and may convert tax-free as a
				contribution. The annual vacation leave rate is 100% of the member's balance at
				the time of separation from service.
(5) Other contributions may be allowed as
				permitted by statute and federal law, but may not be discriminatory in favoring
				highly compensated employees. All members of a group must participate in any
				form of approved contributions.
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1311,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.19 - Montana VEBA HRA › Rule 2.21.1941 - BENEFITS IN THE EVENT OF DEATH

Current through Register Vol. 13, July 5, 2024
(1) If a
				deceased participant's account has a positive account balance, the
				participant's surviving spouse, if any, may file claims for qualified health
				care expenses incurred by the participant up until death, the surviving spouse,
				and other tax-qualified dependents .
(2) If a deceased participant's account has a
				positive account balance and the participant dies without a surviving spouse
				but with other tax-qualified dependents, the dependents (or guardian) may file
				claims for qualified health care expenses of those dependents.
(3) If the participant dies with no surviving
				spouse or other tax-qualified dependents, or if the last surviving
				tax-qualified dependent of the deceased participant dies, or when all surviving
				dependents of the deceased participant lose tax-qualified status, then the
				executor or administrator of the deceased participant's estate may file claims
				for qualified health care expenses incurred by the deceased participant or
				tax-qualified dependent up to date of death or loss of tax-qualified status. If
				there are no qualified health care expenses to reimburse, the remaining account
				balance must be allocated on a per capita basis to all participant accounts
				(e.g., remaining account balance of $2,500 for 1,000 participants equals $2.50
				per participant on a per capita basis).
(4) If any participant account is unclaimed
				for at least 35 months since the whereabouts of the person entitled to the
				account were last known to the administrator, the participant's account becomes
				the property of the Montana VEBA HRA. Unclaimed account funds must be allocated
				on a per capita basis to all participant accounts (e.g., remaining account
				balance of $2,500 for 1,000 participants equals $2.50 per participant on a per
				capita basis).
AUTH:
					 2-18-1305,
					 MCA; IMP:
					 2-18-1313,MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3001 - INTRODUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3002 - STANDARD STATE FORM (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3003 - REVOCATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3004 - REFUND OF RETIREMENT CONTRIBUTIONS - DEATH BENEFITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3005 - DEATH OF AN EMPLOYEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.30 - Decedent's Warrants › Rule 2.21.3006 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3101 - SHORT TITLE

Current through Register Vol. 13, July 5, 2024
(1) This
				sub-chapter may be cited as the state central payroll policy.
2-18-401, MCA; IMP,
					 2-18-401 et seq.,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this sub-chapter, the following definitions
				  apply:
(1) "Assignee" means the
				financial institution or non-profit organization that receives the assigned
				portion of the employee's wages.
(2) "Assignor" means the state employee who
				assigns a portion of the employee's wages to a financial institution or a
				non-profit organization.
(3)
				"Central payroll" means the work unit located in the department of
				administration that is responsible for final payroll processing.
(4) "Financial institution" means any
				commercial bank, savings and loan association, or credit union.
(5) "Insurance" means the products offered by
				insurance companies authorized to conduct business in this state and that have
				been approved by the insurance commissioner pursuant to the applicable
				provisions of the laws governing the filing of insurance rates and
				forms.
(6) "Investment programs"
				mean annuities, bonds, retirement programs, and other legitimate investment
				opportunities.
(7) "Mandatory
				payroll deduction" means a deduction that is withheld from the employee's pay
				as required by law, a court, a collective bargaining agreement, or any other
				legal instrument.
(8) "Non-profit
				organization" means any charitable, educational or scientific organization
				which qualifies under federal tax law as an organization able to receive tax
				deductible contributions.
(9)
				"Voluntary payroll deduction" means an automatic deduction requested by a state
				employee to be withheld from the employee's state payroll warrant which is not
				otherwise provided for by federal or state law, rule, regulation, or collective
				bargaining agreement.
2-18-401, MCA; IMP,
					 2-18-401 et seq.,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3103 - TIME, TRAVEL, AND RELOCATION EXPENSE REPORTING

Current through Register Vol. 13, July 5, 2024
(1) An employee shall submit time records
				after the close of each biweekly pay period and in the manner prescribed by the
				employing agency.
(2) An employee
				shall submit claims for reimbursement of travel and relocation expenses in the
				manner and within timelines prescribed by the agency, but no later than three
				months after incurring the expense. The employee shall attach all necessary
				receipts and documentation to the claim. In accordance with the Employee Travel
				Policy found at
				https://montana.policytech.com/docview/?docid=154&public=true [File Link
				Not Available] under the travel category, an employee who fails to turn in
				travel and relocation claims within three months of incurring the expense
				waives the right to reimbursement. The agency shall process all employee travel
				and relocation reimbursement claims through the state's central payroll
				system.
(3) If an employee fails to
				submit a time record as required in this rule, the employee's supervisor shall
				submit a time record based on the supervisor's knowledge of hours worked,
				including overtime or compensatory time, and leave used. The employee is
				responsible for documenting and notifying the agency of any necessary
				corrections after the fact.
(4) If
				an employee fails to submit time records and travel claims as provided in this
				rule, the employee is subject to disciplinary action as provided in the
				Discipline Handling Policy, ARM
				2.21.6505 et seq.
2-18-401, MCA; IMP,
					 2-18-405,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3104 - FINAL PAY WARRANT FOR EMPLOYEES TERMINATED FOR CAUSE OR LAID OFF

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				39-3-205, MCA, when an employee is
				terminated for cause or laid off, the employing agency may pay the employee's
				final wages on the next regularly occurring pay day for the pay period that
				includes the last day the employee worked.
(2) In accordance with
				39-3-205, MCA, if an employee is
				discharged by reason of an allegation of theft of property or funds connected
				to the employee's work, the agency may withhold from the employee's final
				paycheck an amount sufficient to cover the value of the theft.
2-18-401, MCA; IMP,
					 2-18-405 and
					 39-3-205,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3105 - DECEDENT'S WARRANT

Current through Register Vol. 13, July 5, 2024
(1) A decedent's
				warrant is a legally binding document which permits a state employee to
				designate a person to receive the employee's pay, benefits, and/or travel
				allowances due at the time of the employee's death. Anyone, including a minor,
				may be designated as the person to receive a decedent's warrant.
(2) Warrants for money due the employee or
				the estate will be reissued in the name of the designated person and will be
				delivered to that person without recourse to estate administration procedures
				if the properly completed form is on file with the employing agency at the time
				of the employee's death.
(3) Only
				one warrant will be issued by the department of administration as a replacement
				for each warrant the decedent would have received.
(4) The "designation of person authorized to
				receive decedent's warrants" form is required. Instructions are printed on the
				form and must be reviewed for accuracy by the employing agency.
(5) An employee may change a designation at
				any time by filing a new designation form. Upon termination and after all
				salary, benefits, and travel warrants made payable to the employee have been
				delivered to the employee and paid, the designation must be automatically
				canceled and filed in the employee's personnel file.
(6) Upon the death of an employee, the
				employing agency completes the information on the designation form (employee's
				name, date of death, and signature of certifying officer). If the employee has
				completed an older form that does not have this information printed on the
				side, this information must be typed on the right-hand margin. The employing
				agency keeps the original of the designation form on file at all times. Two
				photocopies of the designation form must be sent to the department of
				administration with each unnegotiated warrant. The designation form and
				unnegotiated warrants may not be sent to central payroll.
(7) When an employee paid through electronic
				fund transfer dies, the last regularly occurring pay warrant will be
				electronically deposited into the employee's checking or savings account. The
				final remittance for any unpaid wages, benefits and/or travel claims will be
				generated as a warrant and delivered to the designee.
(8) Applicable warrants are to be identified
				by number, date, and amount on the reverse side of the original designation.
				After all warrants have been delivered to the designee, the designation must be
				canceled and filed.
(9) Warrants
				must be delivered to a designee by the department of administration and
				accompanied by a photocopy of the designation on file.
(10) Neither refund of retirement
				contributions nor payment of death benefits is covered by the designation of
				decedent's warrant.
2-18-401, MCA; IMP,
					 2-18-412,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.31 - Payroll Rules › Rule 2.21.3106 - VOLUNTARY PAYROLL DEDUCTIONS

Current through Register Vol. 13, July 5, 2024
(1) Central
				payroll may establish the following types of voluntary payroll deductions for:
(a) purchasing insurance;
(b) depositing money into a financial
				institution or investment program;
(c) contributing to a non-profit organization
				through the state employees' combined giving campaign; and
(d) transferring funds to any organization
				when the department of administration determines that allowing the deduction is
				in the best interests of the state.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3601 - SHORT TITLE

Current through Register Vol. 13, July 5, 2024
(1) This policy may
				be cited as the veterans' employment preference policy.
39-29-112, MCA; IMP,
					 39-29-101, et seq.,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3602 - POLICY AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) It is the
				policy of the state of Montana, executive, legislative, and judicial branches,
				the Montana university system, and covered local governments to provide
				preference in employment to veterans, disabled veterans, and eligible
				relatives, as required in
				39-29-101 et seq., MCA.
(2) It is the objective of this policy to
				establish uniform practices and procedures for the administration of the
				veterans' public employment preference by all public employers covered by
				39-29-101 et seq., MCA.
(3) It is not the intention of this policy to
				dictate selection procedures to be used but rather to explain how the
				preference should be applied.
39-29-112, MCA; IMP,
					 39-29-101, et seq.,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3603 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of the sub-chapter, the following definitions
				  apply:
(1) "Armed forces" means, as
				provided in
				39-29-101, MCA, "the
(a) United States army, navy, air force,
				marine corps, and coast guard;
(b)
				merchant marine for service recognized by the United States department of
				defense as active military service for the purpose of laws administered by the
				department of veterans affairs; and
(c) Montana army and air national
				guard."
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3607 - ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) To be eligible to receive veterans'
				employment preference, a veteran, disabled veteran, or eligible relative, as
				defined in
				39-29-101, MCA, must:
(a) be, as provided in
				39-29-102, MCA, a "United States
				citizen"; and
(b) meet "the minimum
				qualifications required for the position. If no applicant meets the minimum
				qualifications and the public employer fills a training position, veterans'
				preference must be applied."
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3608 - ELIGIBLE DISABLED VETERAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-29-112, MCA; IMP,
					 39-29-101 and
					 39-29-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3609 - ELIGIBLE RELATIVE (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-29-112, MCA; IMP,
					 39-29-101 and
					 39-29-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3610 - EMPLOYERS COVERED AND POSITIONS COVERED (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-29-112, MCA; IMP,
					 39-29-101 and
					 39-29-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3615 - APPLYING PREFERENCE

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				39-29-102, MCA, "Whenever a public
				employer uses a scored procedure, an applicant for an initial hiring, as
				defined in
				39-30-103, MCA, must have added to
				the applicant's score the following percentage points of the total possible
				points that may be granted in the scored procedure:
(a) 5 percentage points if the applicant is a
				veteran," as defined in
				39-29-101, MCA; and
(b) "10 percentage points if the applicant is
				a disabled veteran or an eligible relative," as defined in
				39-29-101, MCA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3616 - CLAIMING PREFERENCE - DOCUMENTATION AND VERIFICATION

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				39-29-103, MCA, "a public employer
				shall, by posting or on the application form, give notice of the
				preference."
(2) As provided in
				39-29-103, MCA, "a job applicant
				who believes that the applicant is eligible to receive a preference shall claim
				the preference in writing before the time for filing applications for the
				position involved has passed." A public employer may provide a standard form
				for claiming employment preference. Failure to complete such a form does not
				negate an applicant's claim for preference, as long as a reasonable and timely
				claim is made. As provided in
				39-29-103, MCA, "Failure to make a
				timely preference claim for a position is a complete defense to an action
				instituted by an applicant under
				39-29-104, MCA, with regard to
				that position."
(3) At the place
				where applications are received, the hiring authority or other agency receiving
				applications shall inform applicants of requirements for documentation of
				eligibility for preference which the applicant may be required to provide to
				the hiring authority.
(4) The
				person claiming eligibility for veterans' employment preference is responsible
				for providing all information necessary to document the claim.
(5) The hiring authority must obtain
				documentation of eligibility for employment preference from an applicant who
				claims preference and who is selected for the vacancy and may require
				documentation from others claiming employment preference.
(6) The hiring authority shall determine when
				in the selection process submission of documentation of eligibility for the
				preference shall be provided by the applicant. This may be at the time an offer
				of employment is made or at an earlier time specified by the hiring
				authority.
(7) When appropriate,
				documentation will include the following or a substitute acceptable to the
				hiring authority:
(a) from a veteran,
				disabled veteran, or eligible relative:
(i) a
				document issued by the department of defense or equivalent certification from
				the U.S. department of veterans affairs listing military status, and discharge
				type, commonly form DD-214 or military discharge papers; or
(ii) a document issued by the office of the
				adjutant general of the Montana national guard which certifies the veteran is
				or has been a member of the Montana army or air national guard and has
				satisfactorily completed a minimum of six years service in the armed forces,
				the last three years of which have been served in the Montana army or air
				national guard;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3617 - HIRING DECISION

Current through Register Vol. 13, July 5, 2024
(1) In making a
				hiring decision, an agency must be prepared to show:
(a) that the appropriate percentage points
				were added if numerically scored procedures were used;
(b) that the preference was given to an
				applicant with substantially equal qualifications who claimed veterans'
				preference if non-numerical scored procedures were used; and
(c) the agency made a reasonable hiring
				decision, in accordance with
				39-29-104, MCA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3618 - INTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				39-29-104, MCA, "An applicant who
				believes that the applicant is entitled to, but has not been given the
				preference provided in
				39-29-102, MCA, may, within 30
				days of receipt of the notice of the hiring decision provided for in
				39-29-103, MCA, submit to the
				public employer a written request for an explanation of the public employer's
				hiring decision."
(2) The written
				request for an explanation shall contain, but is not limited to, such
				information as is necessary to determine:
(a)
				the applicant's name and address;
(b) the applicant is requesting an
				explanation from the hiring authority regarding the hiring decision;
				and
(c) the position for which the
				person applied.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3619 - EXTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				39-29-104, MCA, "The applicant
				may, within 90 days after receipt of notice of the hiring decision, file a
				petition in the district court in the county in which the application was
				received by the public employer. The petition must state facts that on their
				face entitle the applicant to a preference."
(2) External enforcement of the veterans'
				employment preference in district court is provided for in
				39-29-104, MCA.
(3) All days are calendar days.
39-29-112, MCA; IMP,
					 39-29-104,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.36 - Veterans' Employment Preference › Rule 2.21.3623 - RETENTION DURING REDUCTION IN FORCE

Current through Register Vol. 13, July 5, 2024
(1)
				As provided in
				39-29-111, MCA, "during a
				reduction in [work] force, a public employer shall retain" over all others a
				veteran, a disabled veteran or an eligible relative who:
(a) has similar job duties and
				qualifications;
(b) has not been
				rated unacceptable under a performance appraisal system; and
(c) has the same or greater length of
				service. Length of service means continuous employment by an individual public
				employer as defined in
				39-29-101, MCA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3701 - SHORT TITLE

Current through Register Vol. 13, July 5, 2024
(1) This policy may
				be cited as the recruitment and selection policy.
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3702 - POLICY AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) This policy,
				consistent with applicable state and federal laws, establishes minimum
				standards for equitable and consistent treatment of applicants and employees in
				recruitment and selection for state jobs.
(2) Montana state government is committed to:
(a) attracting and retaining a highly
				qualified workforce based on competencies and job-related
				qualifications;
(b) providing
				applicants with a reasonable opportunity to learn about, and apply and be
				considered for positions when external recruitment is conducted; and
(c) using a competitive recruitment process
				to select individuals for permanent status employment.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3703 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "Applicant" means an
				individual who has followed the agency's standard procedures for submitting the
				required application, materials such as, for example, a resume, cover letter,
				application form, or other documentation.
(2) "Competencies" means a set of measurable
				and observable knowledge, skills, abilities, and behaviors that contribute to
				success in a job.
(3) "External
				recruitment" means the open, competitive solicitation of applications from any
				interested persons which includes the general public and current state
				employees.
(4) "Internal
				recruitment" means the open, competitive solicitation of applications that, at
				the agency's discretion, is limited to:
(a)
				current employees of the agency, the division, or other appropriate internal
				unit; or
(b) employees laid off from
				the agency or participating in the job registry.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3704 - JOB REGISTRY PROGRAM AND REEMPLOYMENT FOLLOWING LAY-OFF (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 2-18-1201,
					 2-18-1202,
					 2-18-1203,
					 2-18-1204,
					 2-18-1205,
					 2-18-1206,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3705 - LIMITED REEMPLOYMENT FOR RETIREES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.21.3710
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3707 - INTERNAL RECRUITMENT

Current through Register Vol. 13, July 5, 2024
(1) Agency managers
				shall use a competitive process when recruiting internally to fill permanent
				positions.
(2) Agency managers are
				encouraged, but are not required to consider applicants included in the job
				registry in an internal recruitment process. Reinstated employees are not
				required to participate in a competitive process to be rehired as provided in
				the Implementing a Reduction in Force Policy
				(https://montana.policytech.com/docview/?docid=328&public=true&fileonly=true).
(3) Agency managers may:
(a) limit the internal competitive
				recruitment process to current employees of the agency, division, other
				appropriate internal unit, or laid-off employees participating in the job
				registry as provided in the Implementing a Reduction in Force Policy;
				or
(b) recruit internally to the
				agency, division, or other appropriate internal unit and to the job registry
				simultaneously unless this practice conflicts with agency policy or the
				provisions of a collective bargaining agreement.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3708 - EXTERNAL RECRUITMENT

Current through Register Vol. 13, July 5, 2024
(1) Agency managers
				shall use an external competitive recruitment process unless the agency:
(a) fills a position through internal
				recruitment, as provided in ARM
				2.21.3707,
				Internal Recruitment;
(b) fills a
				position with a participant in on-the-job training, work experience, or other
				programs such as those conducted under the federal Workforce Investment Act.
				Examples include:
(i) dislocated worker
				programs;
(ii) adult and youth
				programs;
(iii) welfare-to-work
				programs;
(iv) Native American
				programs;
(v) veterans' employment
				and disabled veterans outreach programs;
(vi) programs authorized under Title I, parts
				A and B of the federal Rehabilitation Act; and
(vii) school-to-work programs;
(c) recalls a seasonal employee,
				as defined in
				2-18-101, MCA, who
				was originally selected using a competitive recruitment process;
(d) selects a short-term worker or student
				intern as defined in
				2-18-101, MCA;
				or
(e) fills a position with a
				retiree consistent with ARM
				2.21.3710,
				Limited Reemployment for Retirees.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3709 - VACANCY ANNOUNCEMENTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-18-102,
					 MCA IMP:
					 2-18-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3710 - LIMITED REEMPLOYMENT FOR RETIREES

Current through Register Vol. 13, July 5, 2024
(1)
				Agency managers may reemploy, without a competitive hiring process, an employee
				who previously retired from the agency if:
(a)
				the retiree possesses the requisite skills and qualifications to perform the
				duties and responsibilities of the position;
(b) the agency determines that reemployment
				is in the agency's best interests; and
(c) the reemployment does not exceed 12
				months.