PUBLIC EMPLOYEES' RETIREMENT BOARD

2.43.2603 ACCEPTABLE PROOF OF DATE OF BIRTH A certified copy of a birth certificate or state birth registration shall be proof of the date of birth for the purpose of completing an application for retirement benefits. If a birth certificate or state birth registration is not avai…

2.43.2606 COMMENCEMENT OF GUARANTEED ANNUAL BENEFIT ADJUSTMENT If otherwise eligible, a retired member of any retirement system will receive their first guaranteed annual benefit adjustment (GABA) in their January benefit if they have been receiving a monthly benefit in every mon…

2.43.2607 PAYMENT OF ESTIMATED BENEFITS MPERA shall pay estimated retirement benefits to qualified members for up to three months. To qualify for estimated retirement benefits, a member must submit an application for early or normal service retirement, terminate active service, a…

2.43.2608 RETURN TO COVERED EMPLOYMENT BY PERS, SRS, OR FURS RETIREE – REPORT An employer who pays for work performed by a retired PERS member in a position covered by PERS or in "employment covered by the retirement system" as specified in 19-3-1106, MCA, must submit a certifica…

2.43.2609 RETURN TO EMPLOYMENT WITHIN SAME JURISDICTION A PERS, GWPORS, SRS, FURS, or HPORS member who receives additional service under 19-2-706, MCA, may again be employed within the same jurisdiction provided the member does not work for more than 960 hours in a calendar year …

2.43.2610 DESIGNATION OF BENEFICIARY BY RETIREES, ALTERNATE PAYEES, AND CONTINGENT ANNUITANTS Beneficiaries may only be designated on a form provided by MPERA, which must be dated and signed by the member or payment recipient. Except as provided in (3), the designation of benefic…

2.43.2611 RETURN TO COVERED EMPLOYMENT BY PERS RETIREE – LESS THAN 90 DAYS SINCE TERMINATION OF EMPLOYMENT A retired PERS member who returns to PERS-covered employment of any type less than 90 days following termination of employment is no longer a retired PERS member and is no l…

2.43.2612 RETURN TO COVERED EMPLOYMENT BY PERS RETIREE – EARNINGS LIMITATIONS If a retired PERS member returns to a position covered by PERS and is also currently employed by the same employer in one or more positions not covered by PERS, the earnings attributable to all position…

2.43.2701 PERIODIC MEDICAL REVIEW OF DISABILITY BENEFIT RECIPIENTS The medical status of each member receiving a disability benefit will be reviewed annually by the board to determine whether the member continues to be disabled, unless: the board determines reviews are unnecessar…

2.43.2702 PERIODIC MEDICAL REVIEW OF DISABILITY BENEFIT RECIPIENTS – INITIAL NOTICE TO MEMBER MPERA will send written notification of medical review to a member receiving a disability benefit which is subject to periodic review. The notice will be sent to the member at the most r…

2.43.2703 PERIODIC REVIEW OF MEDICAL EVIDENCE – NOTICE OF ADDITIONAL EVIDENCE REQUIRED The board's medical consultant and disability claims examiner will review all medical records previously submitted and those requested for the current period and submit interpretations and reco…

2.43.2704 FAILURE TO RESPOND -- SECOND NOTICE A member who fails to file all medical information as required in the initial notice will be sent a second notice by certified mail, return receipt requested. The second notice will inform the member of: their failure to submit curren…

2.43.2705 SUSPENSION OF DISABILITY BENEFITS -- NOTICE If the member fails to respond appropriately to the second notice, the MPERA will notify the member, by certified mail, return receipt requested, that disability benefits have been suspended. The suspension notice will also in…

2.43.2706 CANCELLATION OF DISABILITY BENEFITS FOR REFUSAL TO COMPLY -- NOTICE 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…

2.43.2707 CANCELLATION OF DISABILITY BENEFITS DUE TO CHANGE OF MEDICAL STATUS 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. The effect…

2.43.2711 APPEAL OF CANCELLATION OF BENEFITS 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. Authorizing statute(s): 19-2-403, 19-3-2…

2.43.2901 REFUNDS TO MEMBERS Any contributing member who has terminated employment for any reason other than death or retirement may elect to withdraw their accumulated contributions provided: the refund application is completed by the member and forwarded to MPERA; the contribut…

2.43.2902 DEATH PAYMENTS, SURVIVOR BENEFITS, AND OPTIONAL RETIREMENT BENEFITS 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 fo…

2.43.2903 PAYMENT TO AN ESTATE 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 …

2.43.3001 FAMILY LAW ORDERS -- GENERAL REQUIREMENTS Upon request, MPERA will provide a checklist of mandatory and optional family law order (FLO) provisions. Information concerning a participant's account will only be released subject to the terms of ARM 2.43.1405, and policies a…

2.43.3004 FAMILY LAW ORDERS FOR THE PERS DEFINED CONTRIBUTION RETIREMENT PLAN This rule applies only to the DCRP. A "participant" may be a member or a "primary" or "contingent beneficiary." Disability benefits under the defined contribution plan may not be divided by a FLO. In th…

2.43.3005 FAMILY LAW ORDERS – APPROVAL AND IMPLEMENTATION FOR THE DEFINED CONTRIBUTION RETIREMENT PLAN This rule applies only to the DCRP. A participant or alternate payee must submit a certified copy of a family law order (FLO) to MPERA for board approval. The board has delegate…

2.43.3008 FAMILY LAW ORDERS – CONTENTS AND DURATION FOR DEFINED BENEFIT PLANS 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. Specific designations of a participa…

2.43.3009 FAMILY LAW ORDERS -- APPROVAL AND IMPLEMENTATION FOR DEFINED BENEFIT PLANS 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…

2.43.305 MAILING INFORMATION ABOUT NON-PROFIT ORGANIZATIONS (IS HEREBY REPEALED) Authorizing statute(s): . 19-2-403 MCA Implementing statute(s): Sec. 2-6-109 MCA History: NEW, 1994 MAR p. 2515, Eff. 9/9/94; REP, 1994 MAR p. 3181, Eff. 12/23/94.

2.43.306 DOCUMENTS ACCEPTABLE FOR MAILING -- NON-PROFIT ORGANIZATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-2-403 MCA Implementing statute(s): Sec. 2-6-109 MCA History: NEW, 1994 MAR p. 2515, Eff. 9/9/94; REP, 1994 MAR p. 3181, Eff. 12/23/94.

2.43.307 BENEFIT RECIPIENTS' RIGHTS TO BE EXCLUDED FROM MAILINGS OF INFORMATIONAL MATERIALS AROUT NON-PROFIT ORGANIZATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-2-403 MCA Implementing statute(s): Sec. 2-6-109 MCA History: NEW, 1994 MAR p. 2515, Eff. 9/9/94; REP, 19…

2.43.3401 RETIREMENT OPTIONS FOR ELECTED OFFICIALS OTHER THAN LEGISLATORS 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 d…

2.43.3402 RETIREMENT SYSTEM MEMBERSHIP OPTIONS FOR LEGISLATORS A legislator has three options with respect to retirement system membership. A legislator may elect membership in PERS. A legislator who is a member, but not a retiree, of JRS, GWPORS, HPORS, SRS, MPORS, or FURS due t…

2.43.3403 INVOLUNTARY RETIREMENT 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 retire…

2.43.3501 ADOPTION OF DEFINED CONTRIBUTION PLAN DOCUMENT AND TRUST AGREEMENT The board adopts and incorporates by reference the following: State of Montana Public Employee Defined Contribution Plan Document that was approved by the board onJune 12, 2025, and describes the terms a…

2.43.3502 ADOPTION OF INVESTMENT POLICY STATEMENT AND FIXED FUND INVESTMENT POLICY STATEMENT 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 Po…

2.43.3503 DEFINED CONTRIBUTION RETIREMENT PLAN INVESTMENT OPTIONS 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 establish…

2.43.3504 DEFINED CONTRIBUTION RETIREMENT PLAN DEFAULT INVESTMENT FUND The board will identify an age-appropriate target date fund offered by the DCRP to be the default investment fund. Unless otherwise directed by the DCRP participant, the following assets will be deposited in t…

2.43.3505 ESTABLISHMENT OF LONG-TERM DISABILITY TRUST FUND 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). The long-term disability trust …

2.43.3506 ADOPTION OF STATE OF MONTANA PUBLIC EMPLOYEES POOLED TRUST 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 Janua…

2.43.3510 ELECTION PERIOD 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 rep…

2.43.3511 RETIREMENT PLAN CHOICE ELECTION FORM MPERA shall provide PERS members a retirement plan choice election form which will require the following information: full name (first, last, middle initial); social security number; date of birth; complete address; employing agency …

2.43.3512 ELECTION ELIGIBILITY AND CONFIRMATION Upon receipt of a retirement plan choice election form, MPERA will verify that the member is eligible to make the election. The member is eligible to make an election if all the following conditions are met: the member was an active…

2.43.3515 PURCHASE OF SERVICE NOT PERMITTED BY PARTICIPANT IN DEFINED CONTRIBUTION RETIREMENT PLAN 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…