Title 19, Title 19

A person whose compensation is paid either fully or in part from federal funds but who is not subject to the federal retirement system is considered an employee and is entitled to all benefits and is required to make all employee contributions under the retirement system based up…

The following persons may not become members of the retirement system and, except as provided in subsection (9), may not later purchase previous service under 19-3-505: (1) inmates or residents of state institutions or correctional institutions; (2) persons in state institutions …

Subject to 19-3-402, 19-3-403, 19-3-412, and 19-3-413, eligible employees under the system who are not covered by a separate retirement system under this title include the following: (1) any employee of the state of Montana, its university system or any of the colleges, schools, …

(1) Except as provided in subsection (2), the following employees in covered positions that are not elected offices shall elect either to become active members of the retirement system or to decline this optional membership by filing an irrevocable, written application with the b…

(1) (a) Except as provided in 5-2-304, 19-20-302(1)(g) and (2), and subsection (2) of this section, a person who is elected or appointed to an elected office and paid a salary or wage by an employer shall elect either to become an active member of the retirement system or to decl…

Except as otherwise provided in this part, time during which a member is absent from service may not be included in the calculation of service credit.

(1) (a) Except as provided in subsection (1)(b) and subject to 19-3-514, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the…

(1) Time, not to exceed 5 years, during which a member is absent from service because of injury or illness is considered membership service if, within 1 year after the end of the absence, the injury or illness is determined to have arisen out of and in the course of the member's …

(1) Subject to the provisions of this section, a member who has employment for which optional membership was declined or employment with an employer prior to the employer's contract coverage may file a written application with the board to purchase all or a portion of the employm…

(1) A member who is assigned to an agency of the United States government under the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701, et seq., may purchase the federal employment as service credit in the retirement system under subsection (2) if: (a) the member has accrued…

(1) Except as provided in subsection (3)(b), an active member may, at any time before retirement, file a written application with the board to purchase in the public employees' retirement system the member's service in the teachers' retirement system to the extent that the member…

(1) Subject to 19-3-514, a member with at least 5 years of membership service in the public employees' retirement system may purchase service credit for: (a) public service employment covered under a public retirement system other than a system provided for in Title 19 for which …

(1) Subject to 19-3-514, a member with at least 5 years of membership service may, at any time before retirement, file a written application with the board to purchase 1 year of additional service credit for each 5 years of membership service. (2) To purchase this service credit …

(1) Except as provided in subsection (2), a member may not purchase more than a combined total of 5 years under 19-3-503, 19-3-511(3)(b), 19-3-512, 19-3-513, and 19-3-515. (2) A member who has purchased service credit under 19-3-503 or 19-3-512 on or before January 1, 1990, and w…

(1) Subject to 19-3-514, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase membership service and service credit for up to 5 years of the member's service as a volunteer in a United Sta…

A member of the legislature of Montana must receive membership service and service credit for that portion of each year for which the member pays regular contributions.

Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.

(1) A member hired prior to July 1, 2011, who has: (a) attained age 60 and has 5 years of membership service is eligible for service retirement; (b) attained at least age 65 before or while employed in a position covered by the public employees' retirement system is eligible for …

(1) A member hired prior to July 1, 2011, who: (a) is not eligible for service retirement but has attained age 50 and has 5 years of membership service is eligible for early retirement; or (b) has completed 25 years or more of membership service is eligible for early retirement. …

(1) The monthly amount of service retirement benefit payable following retirement to a member hired before July 1, 2011, with: (a) less than 25 years of membership service is the greater of one fifty-sixth of the member's highest average compensation multiplied by the number of y…

The minimum retirement benefit payable to a vested member who has attained age 70 in service is an annuity of $40 per month.

(1) (a) Until October 1, 2011, for a member hired prior to July 1, 2011, the amount of the early retirement benefit payable following early retirement is the actuarial equivalent of the accrued portion of the service retirement benefit that would have been payable to the member c…

(1) Except as provided in subsection (4), a person who is an active member on February 1, 1993, and who voluntarily terminates service or who is involuntarily terminated from service because of a reduction in force on or after June 25, 1993, but before January 1, 1994, and who is…

Except as otherwise provided in chapter 3, part 21, of this title, none of the provisions of this part apply under the defined contribution plan.

Unless a different meaning is plainly implied by the context, the following definitions apply in this chapter: (1) (a) "Compensation" means remuneration, as defined in 2-16-403, 3-5-211, and 3-7-222, paid to a member. (b) Compensation does not include bonuses provided after July …

There is a retirement plan known as the judges' retirement system, which is governed by the provisions of chapter 2 and this chapter.

(1) (a) If physically and mentally able, a retired judge or justice who has voluntarily retired after at least 8 years of service is subject to call for duty by the chief justice to aid and assist any district court or any water court under directions that the chief justice may g…

This chapter may be cited as the "Judges' Retirement Act".

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

(1) Except for a judge or justice who elected in writing to remain under the public employees' retirement system on or before October 1, 1985, or a workers' compensation judge who elected in writing to remain under the public employees' retirement system on or before October 1, 2…

All appropriations made by the state of Montana, all contributions by members, and all interest on and increase of the investments and money in the pension trust fund must be paid to the board, which shall credit the payments to the fund. These funds may be commingled with other …

(1) Each member's contribution is 7% of the member's compensation. (2) Each employer, pursuant to section 414(h)(2) of the Internal Revenue Code, as amended and applicable on July 1, 1991, shall pick up and pay the contributions that would be payable by the member under subsectio…

When a member willingly resigns or is discharged for cause before becoming entitled to a retirement benefit, the accumulated contributions standing to the member's credit must be paid to the member upon the board's receipt of the member's written application for a refund.

(1) Except as provided in subsections (2) and (3), the state shall pay as employer contributions 0% of the compensation paid to all of the employer's employees, except those properly excluded from membership. (2) Except as provided in subsection (3), the state shall contribute mo…

(1) At any time before retirement, a member may file a written application with the board to purchase additional service credit for the purpose of calculating the member's retirement benefit. Except as provided in subsection (3), the member may purchase 1 year of additional servi…

(1) (a) Except as provided in subsection (1)(b) and subject to 19-5-411, a member with at least 5 years of membership service may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the…

A member may not purchase more than a combined total of 5 years of service under 19-5-409 and 19-5-410.

(1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a vested member who has reached the age of 60 has attained normal retirement age and is eligible to receive the nonforfeitable service retirement benefit provi…

After termination from service and upon application for service retirement, the service retirement benefit must be as follows: (1) for members not covered under 19-5-901 or 19-5-902, 3 1/3% a year of the member's current salary for the first 15 years of service credit and 1.785% …

(1) If a member is involuntarily discontinued from service after having completed 5 years of membership service but before reaching normal retirement age, the member must, upon filing with the board an application in the manner prescribed by the board, be paid an involuntary reti…

(1) Except as provided in subsections (2) and (3), in the case of the disability of a vested member, a disability retirement benefit must be granted the member in an amount actuarially equivalent to the service retirement benefit standing to the member's credit at the time of the…

(1) The board, in its discretion, may require the recipient of a disability retirement benefit to undergo a medical examination. The examination must be made by a board-approved physician or surgeon at a place mutually agreed on by the board, the disabled member, and the physicia…

(1) The retirement benefit of a member or the survivorship benefit of a designated beneficiary who so elects must be converted, in lieu of all other benefits under this chapter, into an optional retirement benefit that is the actuarial equivalent of the original benefit. If the m…

(1) Except as provided in subsection (3), if the board finds that a member died as a direct and proximate result of injury received in the course of the member's service or duty, a survivorship benefit must be paid to the member's designated beneficiary. (2) The survivorship bene…

(1) (a) If a vested member dies before reaching normal retirement age, the member's designated beneficiary is entitled to a monthly survivorship benefit that is the actuarial equivalent of the retirement benefit provided in 19-5-502. (b) If a nonvested member dies before reaching…

(1) Subject to subsection (2), on January 1 of each year, the permanent monthly benefit payable during the preceding January to each recipient who is eligible under subsection (3) must be increased by 3%. (2) (a) If a recipient's benefit payable during the preceding January has b…