PUBLIC EMPLOYEES' RETIREMENT BOARD

2.43.101 ORGANIZATIONAL RULE The organizational rule of the public employees' retirement board is set forth in ARM 2.1.101 and is herein adopted and incorporated by this reference. Authorizing statute(s): Sec. 2-4-201 MCA Implementing statute(s): 2-4-201 MCA History: Eff. 12/31/7…

2.43.1030 TRANSFER OF DEFINED BENEFIT RETIREMENT PLAN FUNDS TO THE DEFINED CONTRIBUTION RETIREMENT PLAN (REPEALED) Authorizing statute(s): 19-2-403, 19-3-2104, 19-3-2112, MCA Implementing statute(s): 19-3-2112, 19-3-2114, 19-3-2117, MCA History: NEW, 2002 MAR p. 1884, Eff. 7/12/0…

2.43.1301 RETIREMENT SYSTEMS COVERED Except where specifically noted, all the rules in this subchapter are in effect for the following retirement systems: Public Employees' (PERS); Game Wardens' and Peace Officers' (GWPORS); Judges' (JRS); Highway Patrol Officers' (HPORS); Sherif…

2.43.1302 DEFINITIONS Undefined terms used in this chapter are consistent with statutory meanings. Defined terms will be applied to the statutes unless a contrary meaning clearly appears. For the purposes of this chapter, the following definitions apply: "Additional service" mean…

2.43.1306 ACTUARIAL RATES AND ASSUMPTIONS The actuary will present the actuarial data and recommend the board adopt specific rates and assumptions. The board in its discretion will adopt rates and assumptions and publish them in a board policy. The board adopts and incorporates b…

2.43.1310 APPLICATION OF ACTUARIAL ASSUMPTIONS FOR DETERMINING GABA For purposes of determining the PERS GABA rates referenced in 19-3-1605(5), MCA, the actuary will: reduce the 1.5% GABA rate established in 19-3-1605(4), MCA by 0.1% for each full 2 percentage points the funded p…

2.43.1311 APPLICATION OF ACTUARIAL ASSUMPTIONS AND PROCESS FOR DETERMINING ACTUARIAL EQUIVALENT FACTORS For purposes of determining actuarial equivalent factors for optional benefit determinations, early retirement factors, money purchase benefit calculations, and service purchas…

2.43.1312 APPLICATION OF ACTUARIAL ASSUMPTIONS FOR DETERMINING THE AMOUNT OF COAL SEVERANCE TAX AND INTEREST INCOME STATUTORILY APPROPRIATED TO THE PERS DEFINED BENEFIT PLAN TRUST FUND (REPEALED) (REPEALED) Authorizing statute(s): 19-2-403, MCA Implementing statute(s): 19-2-405, …

2.43.1401 MODEL PROCEDURAL RULES To the extent applicable to the operations of the public employees' retirement board, the board hereby adopts and incorporates by reference ARM 1.3.101 through 1.3.233, which set forth the attorney general's model procedural rules. Authorizing sta…

2.43.1402 APPLICABILITY OF RULES To the extent that procedural rules adopted herein are applicable to an action taken by MPERA or the board, they will be applied. To the extent that they are not applicable, procedural rules adopted herein may be followed at the option of the boar…

2.43.1405 REQUEST FOR RELEASE OF INFORMATION Telephone requests from system members or benefit recipients for general information will be handled in a manner most efficient to both the member or benefit recipient and MPERA, subject to written verification. Specific information, p…

2.43.1406 MAILING FOR NONPROFIT RETIREE ORGANIZATIONS MPERA may mail materials or contract to have materials mailed to retirees for eligible nonprofit retiree organizations. Contractors who mail materials for eligible nonprofit retiree organizations must agree to keep addresses c…

2.43.1407 ACCEPTABLE MATERIALS -- NONPROFIT RETIREE ORGANIZATION MAILING Pursuant to ARM 2.43.1406, MPERA will mail materials which conform to the following criteria: the packet of materials mailed to each person must be identical; each packet may include an application for membe…

2.43.1408 RIGHT TO BE EXCLUDED -- NONPROFIT RETIREE ORGANIZATIONS Any member or other person receiving benefits from a retirement system may request to be excluded from receiving, pursuant to ARM 2.43.1406, a mailing on behalf of all nonprofit retiree organizations by submitting …

2.43.1501 REVIEW OF ADMINISTRATIVE DECISION An "administrative decision" means a decision issued by MPERA that determines an individual's or an entity's legal rights, duties, or privileges pursuant to the provisions of Title 19, MCA. Parties who disagree with the administrative d…

2.43.1502 CONTESTED CASE PROCEDURES Contested cases will be presided over and heard by a quorum of the board or a hearing examiner who may be any individual appointed by the board, including any board member. A party may seek to disqualify a hearing examiner only on the basis of …

2.43.1503 REGULATIONS APPLICABLE TO CONTESTED CASES To the extent these rules do not provide for or specify procedures, or where necessary to supplement these rules, the Montana Administrative Procedure Act, Montana Rules of Civil Procedure, Montana Uniform District Court Rules, …