Montana Administrative Code

2.43.2214 IMPLEMENTATION AND COMPLIANCE A participating employer must demonstrate compliance with this subchapter as follows: The employer must submit to the board a copy of the employer's IRC section 125 plan document and the salary reduction or election form that must be comple…

2.43.2301 PROCESS FOR PURCHASING SERVICE Members of MPERA-administered retirement systems interested in purchasing any service credit permitted in PERS, JRS, HPORS, SRS, GWPORS, MPORS, or FURS must submit a written request to MPERA providing the following member information: full…

2.43.2302 DOCUMENTATION OF SERVICE MPERA shall use employer certified records of employment to correct employer reports and to calculate the cost of service credit granted to members. If employer records are missing or alleged to be inaccurate, it shall be the member's responsibi…

2.43.2303 DOCUMENTATION OF AMOUNT OF SERVICE ELIGIBLE TO BE PURCHASED When military, U.S. government, federal volunteer, Montana public employment, or other public employment related service is eligible to be purchased into a retirement system, the member is responsible for ensur…

2.43.2304 PURCHASE OF SERVICE AT ACTUARIAL COST Members of an MPERA-administered retirement system who are eligible to and wish to purchase military, federal volunteer, one-for-five, out-of-state, Montana public service, or other public service from a previous retirement system t…

2.43.2308 MOST RECENT SERVICE PURCHASED FIRST (REPEALED) (REPEALED) Authorizing statute(s): 19-2-403, MCA Implementing statute(s): 19-2-704, 19-2-715, 19-3-503, 19-3-505, 19-3-512, 19-3-515, 19-6-801, 19-6-803, 19-7-803, 19-8-901, 19-9-403, 19-13-403, MCA History: NEW, 1986 MAR p…

2.43.2309 SERVICE PURCHASES BY INACTIVE VESTED MEMBERS An inactive vested member may purchase any service for which the member is eligible any time prior to retirement. The actuarial cost of the service credit must be based on the system's most recent actuarial valuation and dete…

2.43.2310 PURCHASE OF FULL-TIME SERVICE OR ONE-FOR-FIVE SERVICE BY PART-TIME MEMBERS When a member employed on a part-time basis is eligible to purchase periods of full-time service or one-for-five service, the compensation used to calculate the cost to purchase the full-time or …

2.43.2311 LIMITATIONS ON PURCHASES OF SERVICE A PERS member may not purchase service unless and until the member elects to participate in the PERS Defined Benefit Retirement Plan. A retirement system member may not purchase the same period of military, federal volunteer service, …

2.43.2312 PURCHASE OF SERVICE THROUGH DIRECT TRUSTEE-TO-TRUSTEE TRANSFER OF FUNDS Subject to (2), any time prior to retirement, a member who is statutorily eligible to do so may purchase service in the member's current retirement system through a rollover of funds from an eligibl…

2.43.2314 ELIGIBLE FEDERAL VOLUNTEER SERVICE Federal volunteer service eligible to be purchased into a member's PERS account is limited to: any documented period of service in the peace corps; and any documented, successfully completed required term of service in the following Na…

2.43.2315 CREDIT FOR SERVICE IN THE UNIFORMED SERVICES If an actively employed member of PERS, JRS, HPORS, SRS, GWPORS, MPORS, or FURS is called to duty for a period or periods of service in the uniformed services, the member receives membership service for that time and may rece…

2.43.2316 RESERVE MILITARY SERVICE The following requirements pertain to the purchase of membership service and service credit for the member's reserve military service in the armed forces, including the Army National Guard and the Air National Guard: The member may not purchase …

2.43.2317 PURCHASE OF REFUNDED SERVICE OR SERVICE FROM ANOTHER MPERA-ADMINISTERED RETIREMENT SYSTEM At any time prior to retirement, a member who is statutorily eligible to do so may: elect to purchase into their current retirement system all or any portion of their previously re…

2.43.2318 "ONE-FOR-FIVE" ADDITIONAL SERVICE Subject to the requirements of each retirement system, a vested member may purchase additional service credit. Members may purchase one full year of additional service for each five full years of membership service in the retirement sys…

2.43.2319 PURCHASE OF "ONE-FOR-FIVE" SERVICE BY EMPLOYERS FOR REDUCTION IN FORCE EMPLOYEES Members who are subject to a reduction in force and wish to apply for additional service under 19-2-706, MCA, must do so on forms provided by MPERA prior to involuntary termination from cov…

2.43.2323 SERVICE CREDIT FOR PERIOD(S) OF ABSENCE DUE TO ILLNESS OR INJURY A member of PERS, HPORS, or GWPORS whose absence from service is compensated by workers' compensation, and who elects to leave their accumulated contributions on deposit with the retirement system during t…

2.43.2324 GUARANTEED ANNUAL BENEFIT ADJUSTMENT COVERAGE Defined benefit members who terminate covered employment, accept a refund of their accumulated contributions, and later return to covered employment in the same system, are eligible for the GABA provisions in effect at the t…

2.43.2601 APPLICATION PROCESS FOR SERVICE RETIREMENT In order to receive the first retirement benefit in a timely manner, prospective retirees must request an estimate of retirement benefits no less than 30 days prior to a member's anticipated retirement date. The request must in…

2.43.2602 APPLICATION PROCESS FOR DISABILITY BENEFITS All forms necessary to apply for disability benefits may be obtainedby contactingMPERA. The following forms must be completed and submitted to MPERA before the board will act on the application for disability benefits: applica…

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.