Title 19, Title 19

(1) The board shall retain a competent actuary who is an enrolled member of the American academy of actuaries and who is familiar with public pension systems. The actuary is the technical adviser to the board on matters regarding the actuarial funding of the pension trust fund. (…

(1) The annual period of service that may be credited under this chapter is the fiscal year. A fractional part of a year may not count toward the service required for participation in this system. To be eligible to receive credit for any particular year, a volunteer firefighter s…

To be eligible to participate under this chapter, a fire company shall provide to the board documentation of the following: (1) the fire company's name and mailing address; (2) the name of the fire chief and designated official, if any; (3) the portion of the fire district servic…

(1) Allowable payments to volunteer firefighters include: (a) payments of money reimbursed for documented expenses; and (b) an allowance, including a stipend or per diem, that may not exceed $3,000 in a calendar year. (2) Compensation, as defined in 19-17-102, is not an allowable…

(1) The chief or designated official of a fire company shall maintain the records provided for in 19-17-108 and 19-17-110 for each active or inactive member of the fire company. (2) Records must be maintained according to the state of Montana general records retention schedules, …

(1) The chief or designated official of each fire company that claims eligibility under this chapter shall, on or before September 1 of each year, file with the board an annual certificate, the current year's roster, and a membership card for each new member. (2) (a) The annual c…

(1) If fraud or error results in a member, surviving spouse, or dependent child receiving more or less of a benefit than that to which the member, surviving spouse, or dependent child is entitled, then on the discovery of the error the board shall correct the credit for service a…

It is the policy of the state that additional benefits may not be added to the Volunteer Firefighters' Compensation Act unless the system amortizes in 30 years or less and the additional benefit is projected to be fully funded in perpetuity.

(1) The board is the trustee of all money collected under this chapter and has exclusive control of the administration of the pension trust fund except as otherwise provided by law. (2) The board shall deposit in the state treasury all amounts received by it as provided in this c…

(1) As soon as practical after the close of each fiscal year, the board shall file with the governor a report covering administration of the Volunteer Firefighters' Compensation Act for that fiscal year. (2) The report must include: (a) a statement of the accumulated cash and sec…

The board shall make rules that it considers necessary and advisable in its administration of the Volunteer Firefighters' Compensation Act and that are not inconsistent with the provisions of the Volunteer Firefighters' Compensation Act.

Necessary expenses for the administration of the Volunteer Firefighters' Compensation Act are a charge against the pension trust fund. The necessary administrative expenses attributable to this chapter must be paid from the investment earnings on the public employees' pension tru…

To encourage and aid fire companies to maintain supplemental insurance to provide benefits when members are injured or killed while performing duties as volunteer firefighters, the board shall authorize payment of $75 per year for each motorized mobile unit of firefighting equipm…

The state auditor shall annually pay from the general fund to the pension trust fund a sum equivalent to 5% of the premium taxes collected from insurers authorized to effect insurance against risks enumerated in 50-3-109. The sum must be computed before the amounts provided for b…

(1) The pension trust fund must be invested by the board of investments as part of the unified investment program described in Title 17, chapter 6, part 2. (2) All income earned on any assets constituting a part of the pension trust fund must be paid into the pension trust fund a…

(1) To qualify for a full or partial pension benefit under this chapter, a member must meet the requirements of subsections (2) and (3). (2) (a) For a full pension benefit, a member must have completed 20 years of service and must have attained 55 years of age, but need not be an…

(1) A member may, as provided in this section, apply for retirement benefits before terminating service, but commencement of the benefits must be as provided in 19-17-411. (2) A member, surviving spouse, or dependent child shall apply for benefits on a form provided by the board.…

(1) A member is eligible to receive a pension benefit as provided in this section. (2) (a) Except as provided in subsection (2)(c), the full pension benefit paid to an eligible member is $200 a month. (b) A partial pension benefit paid to an eligible member is calculated by multi…

(1) Subject to subsection (2) and the limitation in subsection (4), survivorship benefits equal to the full or partial pension benefits otherwise payable to the deceased member must be paid or continue to be paid to: (a) the surviving spouse, unless the spouse is convicted of kno…

If a deceased volunteer firefighter leaves neither a surviving spouse nor a child under 18 years of age, the firefighter's pension must terminate at the end of the month prior to the month in which the death occurs.

(1) Except as provided in 19-2-907, 19-2-909, and subsection (2) of this section, benefits received under this part are not subject to execution, garnishment, attachment, or any other process. (2) The right of a person to any benefit or payment and the money in the plan's pension…

(1) The pension benefit payable pursuant to this part may commence on: (a) the first day of the month following the eligible member's last day of service; or (b) the first day of a later month following filing of the written application. (2) The benefit may not commence prior to …

(1) A retired member may return to service with a fire company without loss of benefits. (2) A retired member returning to service under this section is not considered an active member of the fire company and may not earn any additional credit for service. (3) The fire chief shal…

(1) To qualify for medical expenses under 19-17-502, a volunteer firefighter must be a member of an eligible fire company that is not covered by workers' compensation insurance and must be listed on the fire company roster in the year when the injury or illness occurs. The injury…

(1) A member who claims medical expenses under this section shall submit a report of injury and medical claim on a form provided by the board in accordance with the board's rules and a copy of the bill from the medical provider or a receipt for payment of medical expenses. The cl…

(1) A person claiming the funeral expenses under this section shall submit a claim form, the death certificate, and either a copy of the bill from the funeral director or a receipt for payment of the funeral expenses. The claim must be submitted on a form provided by the board, i…

(1) To qualify for a disability benefit under this chapter, a member must meet the requirements of subsections (2) and (3). (2) A member of a fire company whose duty-related injury results in permanent total disability, as defined in 39-71-116 and determined pursuant to 19-17-603…

(1) A member is eligible to receive a disability benefit as provided in 19-17-601. (2) The disability benefit paid to an eligible member is calculated by multiplying the full pension benefit as provided in 19-17-404 by a fraction, the numerator of which is the eligible member's y…

(1) The board shall determine whether a member has become disabled. In the discharge of its duty regarding determinations, the board, any member of the board, or any authorized representative of the board may order medical examinations, conduct contested case hearings, administer…

The board may require a member who receives a disability benefit to undergo periodic medical examinations. The examinations must be made by a board-approved physician or surgeon at a place mutually agreeable to the board, the physician or surgeon, and the member and at the board'…

(1) The board may cancel a member's disability benefit if: (a) the board determines, as provided in 19-17-604, that the member is no longer disabled; or (b) the member refuses to submit to a medical examination under 19-17-604. (2) The cancellation of a disability benefit under t…

The disability retirement benefit payable pursuant to this part must commence on the first day of the month following the member's termination from service but may not commence prior to the date of the board's decision regarding any disputed credited years of service pursuant to …