Title 19, Title 19

A firefighter hired before July 1, 1981, who was a member of a prior plan and who becomes a member of this retirement system retains all rights and benefits accrued under a prior plan.

(1) (a) Except as provided in subsection (1)(b) and subject to 19-13-406, 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 th…

(1) Subject to 19-13-406, 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 service credit unde…

A member may not purchase more than a combined total of 5 years of service credit under 19-13-403 and 19-13-405.

(1) Each employer shall retain from the compensation of each active member a sum equal to 1% of the member's compensation for services as a firefighter and shall remit this amount on a monthly basis to the Montana state firemen's association for the payment of premiums on a group…

The state shall make its contributions from the general fund. The general fund contributions must be made annually after the end of each fiscal year but no later than November 1. The board shall notify the state auditor by September 1 of each fiscal year of the annual compensatio…

Each employer shall make its contribution on behalf of members through the city treasurer or other appropriate official from money available for this purpose. The employer shall pay as employer contributions 14.36% of the compensation paid to all of the employer's employees, exce…

All gifts, bequests, and emoluments given to an employer or member for the benefit of the retirement system or because of any member's service as a firefighter, except when specifically allowed to be retained by the member by the member's employer, must be paid to the board. The …

(1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, the following members are eligible to receive a nonforfeitable service retirement benefit under 19-13-704: (a) a member who has completed 20 years or more of m…

(1) Except as provided in subsection (2), a member who retires with at least 5 years of membership service must receive a service retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit. (2) A member hired before July 1, 1981,…

If a member is determined by the board to be disabled, the member is entitled to receive a disability retirement benefit, regardless of the length of the member's service, beginning the first day after the date on which the member became disabled and terminated employment because…

(1) A member who becomes disabled: (a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's highest average compensation; (b) after completing 20 years or more of membership service must receive a disability …

(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) (a) Except as provided in subsection (1)(c), a member whose disability retirement benefit is canceled as provided in 19-13-804 must be reinstated to the position held by the member immediately before the member's retirement or to a position in a comparable pay and benefit cat…

(1) A member's surviving spouse, if there is one, must receive a survivorship benefit amount as provided in this section. If a member leaves no surviving spouse or on the death of the surviving spouse, the member's surviving dependent children must collectively receive the same b…

If, after a member dies, a benefit is not paid pursuant to 19-13-704, 19-13-803, or 19-13-902, then the board shall pay to the member's designated beneficiary the amount, if any, of the retired member's accumulated contributions minus the total of any benefits already paid from t…

This chapter shall be known and may be cited as the "Volunteer Firefighters' Compensation Act".

Unless the context requires otherwise, the following definitions apply in this chapter: (1) "Active member" means a volunteer firefighter credited with service under this chapter as provided in 19-17-108 during the most recently reportable fiscal year. (2) "Allowance" means a tot…

The duties of a volunteer firefighter include any activity authorized by an officer of the fire company relating to travel to, participation in, and return from calls for fire protection, fire company meetings, training, medical assistance, search and rescue assistance, public se…

(1) A pension trust fund is established and maintained for payment of claims and benefits provided under the Volunteer Firefighters' Compensation Act. (2) The pension trust fund must be funded on an actuarially sound basis. For purposes of this subsection, "actuarially sound basi…

(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…