reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.27 - Disability Retirement - Medical Reviews › Rule 2.43.2706 - CANCELLATION OF DISABILITY BENEFITS FOR REFUSAL TO COMPLY - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Failure to appropriately respond to the
				notice of suspension will be deemed refusal to submit to a medical review and
				cause for cancellation of the disability benefit. The member will be notified
				of the effective date of cancellation of benefits by certified mail, return
				receipt requested.
(2) The
				effective date of cancellation will be the first day of the month following the
				date of the cancellation notice.
(3) The notice of cancellation will inform
				the member of appeal rights under the board's rules for contested cases and any
				rights for service retirement benefits or distribution of the member's DCRP
				individual account, or for requesting termination of membership from the
				retirement system.
19-2-403,
					 19-3-2104,
					 19-3-2141, MCA; IMP,
					 19-3-1015,
					 19-3-2141,
					 19-5-612,
					 19-6-612,
					 19-7-612,
					 19-8-712,
					 19-9-904,
					 19-13-804,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.27 - Disability Retirement - Medical Reviews › Rule 2.43.2707 - CANCELLATION OF DISABILITY BENEFITS DUE TO CHANGE OF MEDICAL STATUS

Current through Register Vol. 13, July 5, 2024
(1) If the board determines the medical
				information available, including that provided by the member, does not
				demonstrate continuing disability, the monthly disability benefit will be
				cancelled.
(2) The effective date
				of cancellation for members of PERS and JRS and elected officials of SRS will
				be the first day of the second month following board action. For example, board
				action on January 28 to cancel disability benefits would result in cancellation
				of the March benefit.
(3) Except in
				the case of a member of JRS or an elected official in PERS or SRS, the member's
				former employer will be notified of the member's eligibility for reinstatement
				to service.
19-2-403,
					 19-3-2104,
					 19-3-2141, MCA; IMP,
					 19-3-1015,
					 19-3-2141,
					 19-5-612,
					 19-6-612,
					 19-7-612,
					 19-8-712,
					 19-9-904,
					 19-13-804,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.27 - Disability Retirement - Medical Reviews › Rule 2.43.2711 - APPEAL OF CANCELLATION OF BENEFITS

Current through Register Vol. 13, July 5, 2024
(1)
				A member may appeal the cancellation of disability benefits only by requesting
				an administrative hearing (contested case) in writing within 30 days of the
				date of written notice of cancellation.
19-2-403,
					 19-3-2104,
					 19-3-2141, MCA; IMP,
					 19-3-1015,
					 19-3-2141,
					 19-5-612,
					 19-6-612,
					 19-7-612,
					 19-8-712,
					 19-9-904,
					 19-13-804,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.29 - Refunds, Distributions, and Adjustments › Rule 2.43.2901 - REFUNDS TO MEMBERS

Current through Register Vol. 13, July 5, 2024
(1) Any
				contributing member who has terminated employment for any reason other than
				death or retirement may elect to withdraw their accumulated contributions
				provided:
(a) the member makes written
				request within three months of termination on the most recent application
				provided by MPERA;
(b) the refund
				application is completed by the member and forwarded to MPERA;
(c) the contribution and service credit from
				the report on which the member last appears is credited to the member's
				account;
(d) the employer's report
				indicates the member has terminated;
(e) the member will not return to covered
				employment for at least 30 days; and
(f) the member does not have an established
				agreement for reemployment in a position covered by the retirement system
				providing the refund.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.29 - Refunds, Distributions, and Adjustments › Rule 2.43.2902 - DEATH PAYMENTS, SURVIVOR BENEFITS, AND OPTIONAL RETIREMENT BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) Upon the death of an active or inactive
				member, the member's designated beneficiary or statutory beneficiary must
				submit a certified copy of the member's death certificate and a completed death
				claim form to MPERA. A statutory beneficiary must also submit adequate
				documentation confirming their status as a surviving spouse or dependent child.
				Documentation can include, but it is not limited to, birth and marriage
				certificates.
(2) Upon the death of
				a retired member receiving an option 1 benefit, the member's designated
				beneficiary, or personal representative if no designated beneficiary, must
				submit a certified copy of the member's death certificate. Completed death
				claim forms may be required if there are multiple designated beneficiaries or a
				lump sum payment remains.
(3) Upon
				the death of a retired member receiving an option 2, 3, or 4 benefit, a
				contingent annuitant must submit a certified copy of the member's death
				certificate to MPERA. Once the death certificate is filed with MPERA, the
				missed payments, if any, will be paid.
(4) If all designated or statutory
				beneficiaries predecease the member, the member's personal representative or
				next of kin as defined in
				19-2-802, MCA, must submit the
				required documents.
(5) If all
				designated or statutory beneficiaries renounce their interest in their payment
				rights, a contingent beneficiary or other identified payment recipient may
				submit the required documents.
(6)
				Upon receipt of the required documents, MPERA will advise the beneficiary or
				contingent annuitant of the benefits available.
(7) Contact MPERA to obtain a death claim
				form.
AUTH:
					 19-2-403, MCA; IMP:
					 19-2-801,
					 19-3-1201,
					 19-5-801,
					 19-5-802,
					 19-6-901,
					 19-6-902,
					 19-6-903,
					 19-7-901,
					 19-8-1001,
					 19-8-1002,
					 19-8-1003,
					 19-9-1101,
					 19-9-1102,
					 19-13-902,
					 19-13-903,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.29 - Refunds, Distributions, and Adjustments › Rule 2.43.2903 - PAYMENT TO AN ESTATE

Current through Register Vol. 13, July 5, 2024
(1) Payment due to
				an estate will be made upon receipt of a certified copy of a personal
				representative's letters testamentary or letters of administration. MPERA will
				also make payment to an estate upon receipt of certified documentation
				recognized in Title 72, MCA, as proof that payment to an estate should be
				made.
19-2-403, MCA; IMP,
					 19-2-802,
					 19-9-1102,
					 19-13-903,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.30 - Family Law Orders › Rule 2.43.3001 - FAMILY LAW ORDERS - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Upon request, MPERA will provide a
				checklist of mandatory and optional family law order (FLO)
				provisions.
(2) Information
				concerning a participant's account will only be released subject to the terms
				of ARM 2.43.1405, and policies adopted by
				MPERA and the board.
(3) An account
				cannot be established for an alternate payee in a retirement system or
				plan.
(4) A FLO may not force a
				member to:
(a) terminate
				employment;
(b) retire from
				employment; or
(c) belong to a
				specific retirement system or plan.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.30 - Family Law Orders › Rule 2.43.3004 - FAMILY LAW ORDERS FOR THE PERS DEFINED CONTRIBUTION RETIREMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) This rule applies only to the
				DCRP.
(2) A "participant" may be a
				member or a "primary" or "contingent beneficiary."
(3) Disability benefits under the defined
				contribution plan may not be divided by a FLO.
(4) In the PERS defined contribution
				retirement plan, the payments to an alternate payee are allowed as follows:
(a) The FLO must state the amount or the
				proportion, or it must describe the method for calculating the amount or
				proportion.
(b) If the participant
				is not eligible for a distribution of their account, the alternate payee's
				amount or proportion must be paid as soon as administratively
				feasible.
(c) If the participant is
				receiving or is eligible to receive distributions from their account, the
				alternate payees' amount or proportion must be paid from the distributions as
				set out in the applicable family law order.
(d) The fixed amount, the designated monthly
				dollar amount, the designated number of months, and the proportion may not be
				changed by future conditions or events.
(e) Payments will end when:
(i) payments to the participant
				end;
(ii) the fixed amount is paid;
				or
(iii) the account is
				depleted.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.30 - Family Law Orders › Rule 2.43.3005 - FAMILY LAW ORDERS - APPROVAL AND IMPLEMENTATION FOR THE DEFINED CONTRIBUTION RETIREMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) This rule
				applies only to the DCRP.
(2) A
				participant or alternate payee must submit a certified copy of a family law
				order (FLO) to MPERA for board approval. The board has delegated authority for
				approval to the executive director.
(3) MPERA will notify the participant and the
				alternate payee when it receives a certified copy of a FLO. The notice will
				explain the procedures for determining if the FLO can be approved.
(4) While reviewing the FLO, MPERA will work
				with the record keeper to prevent distributions from the participant's account
				and to segregate the amounts, and earnings thereon, that will be owed to the
				alternate payee if the FLO is approved. The participant will remain eligible to
				manage and invest the funds not owed to the alternate payee.
(5) The segregated amount, with any earnings
				thereon, will be distributed to the participant if the FLO is not approved
				within 18 months of the date it was received by MPERA and the participant is
				entitled to and requests distribution of the account.
(6) MPERA will notify the participant and the
				alternate payee when the FLO is approved.
(7) The FLO will be applied prospectively if
				approved more than 18 months after the date it was first received by
				MPERA.
19-2-403,
					 19-2-907, MCA; IMP,
					 19-2-907,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.30 - Family Law Orders › Rule 2.43.3008 - FAMILY LAW ORDERS - CONTENTS AND DURATION FOR DEFINED BENEFIT PLANS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to this rule and ARM
				2.43.3009,
				the board will accept and apply family law orders (FLOs) in the PERS DBRP, and
				the JRS, SRS, GWPORS, HPORS, MPORS, and FURS.
(2) Specific designations of a participant(s)
				in a FLO may include:
(a) for all systems and
				plans listed in (1), an individual "member" (active, inactive, or
				retired);
(b) for the PERS DBRP, or
				JRS, SRS, and GWPORS, "primary" and "contingent beneficiaries" eligible to
				receive a lump sum payment and "contingent annuitants"; and
(c) for HPORS, MPORS, and FURS, "survivors"
				and "designated beneficiaries" who are eligible to receive lump sum
				payments.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.30 - Family Law Orders › Rule 2.43.3009 - FAMILY LAW ORDERS - APPROVAL AND IMPLEMENTATION FOR DEFINED BENEFIT PLANS

Current through Register Vol. 13, July 5, 2024
(1) A participant or alternate payee must
				submit a certified copy of a family law order (FLO) to the MPERA for board
				approval. The board has delegated authority for approval to the executive
				director of MPERA.
(2) All FLOs
				must be applied prospectively and may only allocate future payments. However, a
				FLO may include procedures for collecting retroactive amounts from future
				payments.
(3) For purposes of
				allocating a lump sum payment, the FLO must be received before the payment is
				mailed or otherwise conveyed to the participant.
(4) If a member requests a refund, the MPERA
				will notify the alternate payee. The alternate payee may request a direct
				payment or a direct rollover to another eligible plan. Within 60 days of the
				date of notification, the alternate payee must inform MPERA of his or her
				choice and if necessary, provide MPERA with any information necessary for a
				rollover. Otherwise a direct payment will be made to the alternate payee after
				60 days.
(5) Beginning on the
				effective date, payments to the participant, if any, will be adjusted as
				directed in the FLO and payments to the alternate payee(s), if any, will be
				retained by the MPERA. If the proposed FLO is approved, retained payments will
				be paid to the alternate payee(s); if not approved, to the
				participant.
(6) The board's
				decision to approve or not approve a FLO is final unless the participant or
				alternate payee files a request for an administrative contested case hearing
				within ten days from the date the MPERA sends notice of the decision. If an
				administrative hearing is properly requested, the board must make the final
				administrative decision after receiving the hearing examiner's proposed
				decision.
19-2-403,
					 19-2-907, MCA; IMP,
					 19-2-303(18),
					 19-2-907,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.34 - PERS - Elected Officials › Rule 2.43.3401 - RETIREMENT OPTIONS FOR ELECTED OFFICIALS OTHER THAN LEGISLATORS

Current through Register Vol. 13, July 5, 2024
(1) Any elected or appointed official, other
				than a legislator, who becomes a member of PERS pursuant to
				19-3-412, MCA, will receive
				service credit based upon the number of the member's compensated hours. Per
				diem or other benefits are not compensation.
(2) A retired PERS member who is elected or
				appointed to a state or local government public office covered by PERS may
				elect to become an active member of PERS or remain a retired member, with no
				limitation on the number of hours worked in the elected or appointed
				position.
(3) An active PERS member
				who is elected or appointed to a local government public office and works less
				than 960 hours a year in the elected position may decline membership in PERS
				with respect to the elected or appointed position.
(4) A PERS DBRP member who elects to purchase
				into PERS previous service as an elected or appointed official must comply with
				19-3-505, MCA, except the cost
				will not include interest for any contributions due on service prior to July 1,
				1993.
19-2-403, MCA; IMP,
					 19-2-701,
					 19-2-702,
					 19-3-412,
					 19-3-1106,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.34 - PERS - Elected Officials › Rule 2.43.3402 - RETIREMENT SYSTEM MEMBERSHIP OPTIONS FOR LEGISLATORS

Current through Register Vol. 13, July 5, 2024
(1) A legislator has three options with
				respect to retirement system membership.
(a)
				A legislator may elect membership in PERS.
(b) A legislator who is a member, but not a
				retiree, of JRS, GWPORS, HPORS, SRS, MPORS, or FURS due to their nonlegislative
				employment may elect to continue participation in their current public
				retirement system rather than electing PERS.
(c) A legislator may decline membership in
				any public retirement system.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.34 - PERS - Elected Officials › Rule 2.43.3403 - INVOLUNTARY RETIREMENT

Current through Register Vol. 13, July 5, 2024
(1) If an elected
				official, including a legislator, chooses not to run, runs for another office
				that is not covered by that retirement system, or is otherwise removed from
				office for cause, that official shall not be eligible for an involuntary
				retirement allowance.
19-2-403, MCA; IMP,
					 19-2-706,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3501 - ADOPTION OF DEFINED CONTRIBUTION 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 Defined Contribution Plan Document (January 2018 edition) that
				was approved by the board on June 11, 2020, and describes the terms and
				conditions related to the operation and administration of the plan;
(b) State of Montana Public Employee Defined
				Contribution Plan Trust Agreement (July 1, 2002, edition), that was approved by
				the board on April 26, 2001, and September 28, 2001, and approved by the
				Internal Revenue Service on September 24, 2001. The trust agreement sets the
				board's responsibilities as trustee of the defined contribution 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 2.43.35 - PERS - DCRP › Rule 2.43.3502 - 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 401(a) Defined Contribution
				Plan Investment Policy Statement approved by the board on April 11, 2024. The
				Investment Policy Statement provides investment guidelines for the defined
				contribution plan, a long-term retirement-savings vehicle that permits
				participants to invest employer and participant contributions on 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 when investing participants' funds contained within the stable value
				group trust.
(3) Copies of the
				Defined Contribution Plan Investment Policy Statement and the 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:  19-3-2104, MCA; IMP:  19-3-2104,  19-3-2122,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3503 - DEFINED CONTRIBUTION RETIREMENT 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 DCRP. In doing so, the board will consider recommendations of the
				statutorily established Employee Investment Advisory Council and follow
				criteria established in the Investment Policy Statement.
(2) A DCRP 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 the default balanced fund.
(3) DCRP 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).
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-2104,
					 19-3-2122,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3504 - DEFINED CONTRIBUTION RETIREMENT PLAN DEFAULT INVESTMENT FUND

Current through Register Vol. 13, July 5, 2024
(1) The board will
				identify an age- appropriate target date fund offered by the DCRP to be the
				default investment fund.
(2) Unless
				otherwise directed by the DCRP participant, the following assets will be
				deposited in the default investment fund:
(a)
				assets initially transferred from the PERS DBRP pursuant to ARM
				2.43.1030 on behalf of DCRP
				participants;
(b) assets
				transferred from a discontinued, but not replaced, investment option pursuant
				to ARM 2.43.3503(2);
				and
(c) assets received without the
				DCRP participant having selected investment options.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3505 - ESTABLISHMENT OF LONG-TERM DISABILITY TRUST FUND

Current through Register Vol. 13, July 5, 2024
(1) The board shall
				establish a Long-Term Disability Trust Fund to be used exclusively for the
				payment of disability benefits to participants of the Defined Contribution
				Retirement Plan (DCRP).
(2) The
				long-term disability trust fund is a governmental plan under Internal Revenue
				Code section 401(a)(24) and may be invested in one or more group trust funds as
				determined by the Montana Board of Investments.
(a) The group trust fund or funds may be a
				group trust fund presently in existence or later established as permitted under
				IRC section 401(a)(24), IRS Revenue Ruling 81-100, IRS Revenue Ruling 2004-67,
				IRS Revenue Ruling 2011-1, and IRS Revenue Ruling 2014-24.
(b) The group trust fund or funds must be
				operated and maintained exclusively for the commingling and collective
				investment of monies pursuant to applicable IRS guidance and must be adopted as
				a part of the long-term disability trust fund.
(c) No part of the corpus or income of the
				long-term disability trust fund may be used for, or diverted to, any purpose
				other than the exclusive benefit of the disabled DCRP participants and their
				beneficiaries. This exclusive benefit provision is irrevocable.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3506 - 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 as amended 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 email mpera@mt.gov, and are
				available on MPERA's website at
www.mpera.mt.gov
.
AUTH:
					 19-3-2104,
					 MCA; IMP:
					 19-3-2102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3510 - ELECTION PERIOD

Current through Register Vol. 13, July 5, 2024
(1) Active PERS
				members have 12 months to complete the retirement plan choice election form
				provided by the board and file the election with MPERA. The 12-month election
				period starts the first day of the month following the month the member is
				initially reported to MPERA.
(2)
				Any newly hired PERS member, including seasonal, temporary, or part-time
				employees, who subsequently becomes inactive, must still file an election
				within their 12-month election period. Members will not have a new election
				period by virtue of returning to active employment at a later date.
(3) The 12-month election period for any PERS
				member who has not been properly reported to MPERA will start the first day of
				the month following the month the member is properly reported.
(a) An election to transfer to the PERS DCRP
				or the Montana University System Retirement Program will be effective upon
				confirmation by MPERA pursuant to ARM
				2.43.3512 and will not be
				retroactive.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3511 - RETIREMENT PLAN CHOICE ELECTION FORM

Current through Register Vol. 13, July 5, 2024
(1) MPERA
				shall provide PERS members a retirement plan choice election form which will
				require the following information:
(a) full
				name (first, last, middle initial);
(b) social security number;
(c) date of birth;
(d) complete address;
(e) employing agency or agencies;
(f) the member's signature indicating the
				elected retirement plan or program; and
(g) the date the member signed the election
				form.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3512 - ELECTION ELIGIBILITY AND CONFIRMATION

Current through Register Vol. 13, July 5, 2024
(1)
				Upon receipt of a retirement plan choice election form, MPERA will verify that
				the member is eligible to make the election.
(2) The member is eligible to make an
				election if all the following conditions are met:
(a) the member was an active PERS member on
				or after July 1, 2002, with a PERS membership card on file with
				MPERA;
(b) the member made the
				election within the timeframes defined in ARM
				2.43.3510;
(c) the member has completed any existing
				PERS or non-PERS service purchase contract pursuant to ARM
				2.43.3515; and
(d) the member is not subject to a PERS DBRP
				Family Law Order.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3515 - PURCHASE OF SERVICE NOT PERMITTED BY PARTICIPANT IN DEFINED CONTRIBUTION RETIREMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) A member of
				PERS with an existing non-PERS service purchase contract entered into pursuant
				to any MPERA statute or rule who wishes to elect the DCRP or the Montana
				University System Retirement Program (MUS-RP) must terminate or complete the
				service purchase contract before the election will be confirmed by
				MPERA.
(2) If a member of PERS with
				an existing service purchase contract files an election form electing either
				the DCRP or the MUS-RP, MPERA will send written notice to the member that the
				election cannot be confirmed until the service purchase contract is either
				terminated or completed.
(3) The
				notice will give the member 30 days to provide MPERA with written notification
				of the member's intentions.
(4) The
				member must choose one of the following options:
(a) pay to MPERA in a lump sum the entire
				amount remaining due under the service purchase contract and have the entire
				amount of service purchased under the contract transferred to the DCRP;
				or
(b) pay nothing more to MPERA
				and have the prorated amount of service purchased under the contract credited
				and applicable contributions transferred to the DCRP; or
(c) change the member's election to the
				DBRP.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3517 - FAMILY LAW ORDERS, EXECUTIONS, AND INCOME-WITHHOLDING ORDERS AND ELECTIONS

Current through Register Vol. 13, July 5, 2024
(1) A member of PERS who is subject to a PERS
				Family Law Order pursuant to
				19-2-907, MCA, and wishes to elect
				the DCRP or the Montana University System Retirement Program (MUS-RP), must
				have the Family Law Order amended to comply with the DCRP or MUS-RP and
				approved by the board no later than the end of the member's 12-month election
				period.
(2) A member of PERS who is
				subject to an execution or income-withholding order pursuant to
				19-2-909, MCA, and wishes to elect
				the DCRP or the MUS-RP, must have the execution or income-withholding order
				amended to comply with the DCRP or the MUS-RP no later than the end of the
				member's 12-month election period.
(3) If the order discussed in (1) or (2) is
				not properly amended and approved by the close of the member's 12-month
				election period, MPERA will not confirm the member's election. The member will
				remain a participant of the DBRP.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-2-907,
					 19-2-909,
					 19-3-2111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3520 - ELECTION FOR EMPLOYEES IN OPTIONAL PERS MEMBERSHIP POSITIONS

Current through Register Vol. 13, July 5, 2024
(1) An employee eligible for optional
				membership who, pursuant to
				19-3-412, MCA, chooses to be a
				member of PERS will initially be a participant of the PERS DBRP. The DBRP
				participant will have 12 months from the first day of the month following the
				month the member is initially reported to MPERA as a PERS member to file a
				retirement plan choice election form with MPERA pursuant to ARM
				2.43.3510.
(2) An employee who declines optional
				membership under
				19-3-412, MCA, is not a member of
				PERS and has no retirement plan choice.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-2104,
					 19-3-2111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3523 - MEMBERSHIP IN OTHER TITLE 19 RETIREMENT PLANS

Current through Register Vol. 13, July 5, 2024
(1) A PERS member who is also a member of
				another Title 19 retirement system shall make a retirement plan election
				pursuant to ARM
				2.43.3510 and
				2.43.3511.
(2) PERS members employed full- or part-time
				by both a PERS-covered employer and another Title 19 retirement system employer
				will be bound by the statutory membership requirements of the PERS Defined
				Benefit Retirement Plan or Defined Contribution Retirement Plan, whichever they
				elect.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-2111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3524 - RETIREES NOT ENTITLED TO ELECTION

Current through Register Vol. 13, July 5, 2024
(1) Retired
				members of the PERS may not elect the PERS Defined Contribution Retirement Plan
				or the Montana University System Retirement Program, but must remain members of
				the PERS Defined Benefit Retirement Plan regardless of reemployment in a
				PERS-covered position.
(2) Section
				(1) also applies to retired members who later return to active PERS
				membership.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-1106,
					 19-3-2104,
					 19-3-2111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3525 - MONTANA UNIVERSITY SYSTEM EMPLOYEE ELECTIONS

Current through Register Vol. 13, July 5, 2024
(1) A Montana University System (MUS)
				employee who is a PERS member is required to make a retirement plan election
				pursuant to ARM
				2.43.3510 and
				2.43.3511.
(2) A MUS employee who is a PERS member may
				be a participant of the MUS Retirement Program (MUS-RP) and either the PERS
				Defined Benefit Retirement Plan (DBRP) or the PERS Defined Contribution
				Retirement Plan (DCRP) only under one of the following conditions:
(a) The PERS member is employed part- or
				full-time by both the MUS and another PERS-covered employer and does not have
				previous retirement plan election(s) on file with MPERA. The member may elect
				the MUS-RP for his or her MUS employment and the DBRP or DCRP for his or her
				other PERS-covered employment.
(b)
				The PERS member is employed by the MUS, elected the MUS-RP, and accepted
				employment with another PERS-covered employer, other than MUS. The member may
				have terminated employment with the MUS or may have taken a separate (second)
				job with the other PERS-covered employer. In either case, the member must elect
				either the DBRP or DCRP as the member's retirement plan for the member's
				employment with the other PERS-covered employer.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3531 - TIMING OF TRANSFERS TO THE DEFINED CONTRIBUTION RETIREMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) Once a member's election to join either
				the PERS DCRP or the Montana University System Retirement Program (MUS-RP) has
				been confirmed, MPERA will transfer contributions to the participant's
				individual account in the DCRP or the MUS-RP within 15 working days.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-2114,
					 19-3-2117,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3532 - CREDITING OF INDIVIDUAL ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) MPERA
				will transfer a DCRP participant's statutorily required employee and employer
				contributions to the DCRP recordkeeper within two working days after receipt in
				good order of each reporting agency's contribution report and
				contributions.
(2) The DCRP
				recordkeeper will credit individual accounts and transfer contributions to a
				DCRP participant's selected investment option(s) within one working day after
				receipt of contributions from MPERA.
19-2-403,
					 19-3-2104, MCA; IMP,
					 19-3-2117,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3533 - REALLOCATION OF CERTAIN PERS EMPLOYER CONTRIBUTIONS TO DCRP MEMBER ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				19-3-2117, MCA, certain PERS
				employer contributions for employees participating in the PERS DCRP are
				allocated to the PERS DBRP to pay off the unfunded actuarial liability created
				by PERS members who elected to participate in the DCRP, otherwise known as the
				plan choice rate unfunded actuarial liability (PCR UAL).
(2) MPERA will reallocate those certain PERS
				employer contributions to each DCRP member's account starting with that
				member's first payday in the month following the board's verification that the
				PCR UAL has been fully paid off.
(3) The employer contributions will be
				credited to the DCRP member's account pursuant to the processes and time frames
				established in ARM
				2.43.2114 and ARM
				2.43.3532.
AUTH:
					 19-2-403,
					 19-3-2104, MCA; IMP:
					 19-3-316,
					 19-3-2117,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3540 - DISABILITY BENEFITS FOR MEMBERS OF THE DEFINED CONTRIBUTION RETIREMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) Members of the
				Defined Contribution Retirement Plan (DCRP) who are found by the board to be
				disabled are entitled to a disability benefit pursuant to
				19-3-2141, MCA.
(2) The disability benefit awarded a member
				of the DCRP is calculated based on the member's years of service credit, not
				years of membership service. The applied factor is based on membership service
				and the member's initial hire date, pursuant to
				19-3-2141, MCA.
(3) The disability benefit awarded a member
				of the DCRP is not a retirement benefit, but a benefit paid from the long-term
				disability trust fund established pursuant to
				19-3-2141, MCA.
(4) The disability benefit awarded a member
				of the DCRP is not subject to option 2, option 3 or option 4 contained in
				19-3-1501, MCA.
(5) The disability benefit paid to a member
				of the DCRP is not subject to distribution pursuant to a family law order or a
				qualified domestic relations order.
(6) Disability benefits paid from the
				long-term disability trust fund will be tax-reported to the receiving
				participant and the IRS on the appropriate IRS form.
19-3-2104,
					 19-3-2141, MCA; IMP,
					 19-3-2141,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3545 - DISTRIBUTION TO PARTICIPANT

Current through Register Vol. 13, July 5, 2024
(1) A DCRP
				participant is entitled to receive the participant's vested accounts upon
				termination of service in a PERS-covered position, whether for retirement or
				for other purposes.
(2) The
				participant shall, within 120 days after the participant terminates service in
				a PERS-covered position, notify MPERA of the date upon which the participant
				wants distribution of the accounts to start.
(a) Distribution must start no later than
				April 1 of the calendar year following the later of:
(i) the calendar year in which the
				participant reaches age 70 1/2; or
(ii) the calendar year in which the
				participant retires from service in a PERS-covered position.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.35 - PERS - DCRP › Rule 2.43.3546 - DISTRIBUTION UPON DEATH OF PARTICIPANT

Current through Register Vol. 13, July 5, 2024
(1)
				If a DCRP participant dies prior to the start of the distribution of the
				participant's benefits, the participant's beneficiary, provided the beneficiary
				is the participant's spouse, has the same payment options as the participant
				would have had.
(a) Those payment options
				include:
(i) a lump sum distribution of the
				participant's vested accounts, less applicable taxes;
(ii) a direct trustee-to-trustee rollover of
				the participant's vested accounts to an eligible retirement plan, a traditional
				or Roth individual retirement account, or an annuity;
(iii) a regular rollover of the participant's
				vested accounts to an eligible retirement plan;
(iv) periodic payments of a fixed amount;
				or
(v) periodic payments based on
				the beneficiary's life expectancy, determined annually.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.36 - Allocation of Additional Employer Contributions › Rule 2.43.3601 - ALLOCATION OF ADDITIONAL EMPLOYER CONTRIBUTIONS ON BEHALF OF MONTANA UNIVERSITY SYSTEM EMPLOYEES IN THE OPTIONAL RETIREMENT PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 19-2-403,
					 19-3-2104, MCA; IMP:
					 19-3-2104,
					 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 2.43.4003 - HIGHWAY PATROL OFFICERS' MINIMUM BENEFIT ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) When the state of Montana has not
				negotiated a salary agreement with its actively employed highway patrol
				officers by July 1 of any year, MPERA shall take the following actions:
(a) Retirement benefits will be paid to
				non-GABA retirees using the most recent base salary for a newly confirmed
				highway patrol officer negotiated by the state and reported to MPERA.
(b) When a salary agreement is negotiated by
				the state and MPERA is notified of a change in base pay for newly confirmed
				highway patrol officers, retirement benefits will be recalculated and
				adjustments paid retroactively to non-GABA retirees.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4006 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "DROP" means
				the HPORS deferred retirement option plan.
(2) "DROP account" means the accumulated
				amount of money that has accrued to a DROP participant, 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, plus the participant's member
				contributions for the month at the percentage provided in
				19-6-402, MCA.
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 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4009 - 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 DROP period start
				date.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4010 - 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 benefit or the monthly benefit portion of the DROP accrual for the
				month in which they terminate or die.
AUTH:
					 19-2-403,
					 19-6-1003, MCA; IMP:
					 19-6-1003,
					 19-6-1004,
					 19-6-1006,
					 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 2.43.4013 - 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, except as provided in 2.43.4023;
				and
(d) may not receive a refund of
				their HPORS account balance.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4015 - ESTIMATED MONTHLY DROP ACCRUAL

Current through Register Vol. 13, July 5, 2024
(1) Once a member
				files an application to participate in the DROP and the participant's DROP
				period begins, estimated monthly DROP accruals will be paid into the
				participant's DROP account.
(2) The
				employer shall provide all documents MPERA needs to determine the participant's
				total service credit and highest average compensation. Once the documents are
				received, the MPERA will finalize the monthly benefit portion of the
				participant's monthly DROP accrual.
(3) MPERA will suspend the estimated monthly
				benefit portion of the participant's monthly DROP accrual after three months if
				the employer has not provided the above documents.
(a) The monthly benefit portion of the
				participant's monthly DROP accrual will not resume until after the documents
				are received from the employer and the monthly benefit has been approved.
(b) Retroactive payments of the
				monthly benefit will be made to the member's DROP account, if necessary.
(c) The participant's member
				contributions portion of the monthly DROP accrual will continue despite
				suspension of the estimated monthly benefit portion.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.43 - PUBLIC EMPLOYEES' RETIREMENT BOARD › Subchapter 2.43.40 - Highway Patrol Officers' Retirement System › Rule 2.43.4016 - 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
				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.
AUTH:
					 19-2-403,
					 19-6-1003, MCA; IMP:
					 19-6-1003,
					 19-6-1005,
					 MCA