Montana Administrative Code

2.43.702 INITIATION OF PROCEEDING (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-301, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.703 TRANSMISSION OF CERTIFIED COPY OF RESOLUTION (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-301, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.704 AUTHORIZATION OF REFERENDUM BY GOVERNOR (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-301, 19-1-302, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.705 NOTICE OF REFERENDUM (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-303, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.706 PROOF OF NOTICE (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-303, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.707 ELIGIBILITY TO VOTE IN REFERENDUM (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-301, 19-1-302, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.708 CERTIFICATE OF RESULTS OF REFERENDUM (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-302, 19-1-304, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.709 NOTICE OF TERMINATION OF COVERAGE (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-304, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.710 WITHDRAWAL OF NOTICE OF TERMINATION (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): 19-1-304, MCA History: NEW, Eff. 6/5/76; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.711 DEFINITIONS (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; REP, 1999 MAR p. 1504, Eff. 7/2/99.

2.43.712 REQUIRED REPORTS (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, part 7, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; REP, 1990 MAR p. 994A, Eff. 7/1/90.

2.43.713 COVERAGE PROCEDURES FOR POLITICAL SUBDIVISIONS NOT UNDER A RETIREMENT SYSTEM (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, parts 3, 5, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; REP, 1999 MAR p. 1504, Eff. 7/2/99.

2.43.714 COVERAGE PROCEDURES FOR POLITICAL SUBDIVISIONS UNDER A RETIREMENT SYSTEM (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, parts 3, 5, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; REP, 1999 MAR p. 1504, Eff. 7/2/99.

2.43.715 ERROR DISCOVERED BY SOCIAL SECURITY ADMINISTRATION (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, parts 7, 8, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1990 MAR p. 994A, Eff. 7/1/90; REP, 1999 MAR p. 1504, Eff. 7/2…

2.43.716 LATE FILING PENALTIES (REPEALED) Authorizing statute(s): 19-1-201, MCA Implementing statute(s): Title 19, Ch. 1, parts 7, 8, MCA History: NEW, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1990 MAR p. 994A, Eff. 7/1/90; REP, 1999 MAR p. 1504, Eff. 7/2/99.

2.44.101 ORGANIZATIONAL.RULE The organizational rule of the Teachers' 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. 12/31/72.

2.44.201 MODEL PROCEDURAL RULE To the extent applicable to the operations of the teachers' retirement board, the board has herein adopted and incorporated the attorney general's model procedural rules one through 28 by reference to such rules as stated in ARM 1.3.101 through 1.3.…

2.44.202 APPLICABILITY OF RULES All of the following rules may not be subject to the provisions of the Montana Administrative Procedure Act. To the extent that they are applicable, procedural rules adopted herein will be applied. To the extent that they are not applicable, proced…

2.44.301 MEMBERSHIP ELECTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-302 MCA History: Eff. 12/31/72; REP, 1987 MAR p. 2233, Eff. 12/11/87.

2.44.301A DEFINITIONS For the purpose of this chapter, the following definitions apply: "Alternate payee" means an alternate payee as defined in 19-20-305, MCA. "Board" or "retirement board" means the Teachers' Retirement Board as provided for in 2-15-1010, MCA. “Creditable servi…

2.44.302 MEMBERSHIP OF SCHOOL NURSES, SPEECH THERAPIST OR SCHOOL PSYCHOLOGIST (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-205 and 19-4-302 MCA History: Eff. 12/31/72; REP, 1987 MAR p. 2233, Eff. 12/11/87.

2.44.303 MEMBERSHIP OF PART-TIME AND FEDERAL PAID EMPLOYEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-205 and 19-4-302 MCA History: Eff. 12/31/72; AMD, 1987 MAR p. 2233, Eff. 12/11/87; REP, 1995 MAR p. 2122, Eff. 10/13/95.…

2.44.304 QUALIFICATION OF THE ACTUARY The actuary designated by the Teachers' Retirement Board, at a minimum, must: be a member of at least one of the following professional organizations, as designated: a Member of the American Academy of Actuaries; a Fellow or Member of the Ame…

2.44.305 REPORTING OF MONTANA UNIVERSITY SYSTEM RETIREMENT PROGRAM (MUS-RP) PARTICIPANTS Each unit of the university system shall provide TRS with a monthly report of all members participating in the MUS-RP and remit the employer contributions due. The report shall contain the fo…

2.44.306 ACTUARIAL ASSUMPTIONS, RATES AND TABLES All actuarial assumptions, rates and tables shall be adopted at a meeting of the board and included in the minutes of that meeting. This rule refers to but is not limited to the following: optional retirement table; monthly annuity…

2.44.307 MEMBERSHIP OF TEACHER'S AIDES AND PART-TIME EMPLOYEES Teacher's aides employed in an instructional services capacity after September 1, 1989, are required to participate in the teachers' retirement system provided their predominate duties are those of a teacher's aide an…

2.44.308 INDEPENDENT CONTRACTOR Any person employed as an independent contractor shall be ineligible for membership in the TRS.Certification from the Montana Department of Labor and Industry pursuant to 39-71-401, MCA, as an independent contractor shall be accepted as prima facie…

2.44.401 CALCULATING SERVICE CREDITS The basic period of time for calculating service credit shall be the fiscal year July 1 through June 30.Generally, service credit in the Montana Teachers' Retirement System shall be based upon the following unless otherwise provided by rule or…

2.44.402 CREDIT FOR MILITARY SERVICE Creditable service may be granted for any period of active service allowed under 19-20-404, MCA. Any member having purchased military service that is subsequently granted at no cost shall receive a refund of their accumulated contributions att…

2.44.403 REDEPOSIT OF AMOUNTS WITHDRAWN If a member wishes to redeposit previous withdrawals, it is necessary that the most recent withdrawal be redeposited first. Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-602 MCA History: Eff. 12/31/72; AMD, 19…

2.44.404 PARTIAL PURCHASE OF ADDITIONAL CREDIT AT DEATH OR DISABILITY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-401 MCA History: Eff. 12/31/72; AMD, 1987 MAR p. 2233, Eff. 12/11/87; REP, 1999 MAR p. 2243, Eff. 10/8/99.

2.44.405 INTEREST ON NON-PAYMENT FOR ADDITIONAL CREDITS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-401 through 19-4-411 MCA History: Eff. 12/31/72; AMD, 1987 MAR p. 2233, Eff. 12/11/87; AMD, 1994 MAR p. 861, Eff. 3/18/94; REP…

2.44.406 PURCHASE OF CREDIT DURING EXEMPT PERIOD (IS HEREBY REPEALED) Authorizing statute(s): Sec. 19-4-201 MCA Implementing statute(s): Sec. 19-4-401 and 19-4-406 MCA History: Eff. 12/31/72; REP, 1995 MAR p. 2122, Eff. 10/13/95.

2.44.407 CREDITABLE SERVICE FOR TEACHING IN PRIVATE EDUCATIONAL INSTITUTIONS A member may apply for creditable service for teaching in a private elementary, secondary, post-secondary educational institution, or special purpose school. For purpose of this section the term "educati…

2.44.408 CREDITABLE SERVICE FOR ABSENCE WITHOUT PAY (REPEALED) (REPEALED) Authorizing statute(s): 19-4-201, MCA Implementing statute(s): 19-4-204, MCA History: NEW, 1988 MAR p. 2213, Eff. 10/14/88; REP, 2025 MAR, Notice No. 2025-107, Eff. 10/25/25.