19-20-1212. Recovery methods. (1) The retirement system may use any or all of the following methods to recover amounts owed from a member or benefit recipient:
(a) accept a lump-sum payment;
(b) accept installment payments;
(c) accept a rollover payment from a member;
(d) actuarially adjust monthly benefit payments;
(e) withhold up to 50% of each monthly benefit payment;
(f) withhold up to 100% of a lump-sum distribution; or
(g) withhold up to 100% of the lump-sum death benefit payable under 19-20-1001(1)(b) or 19-20-1002(1)(a).
(2) For payment of amounts owed by an employer, the retirement system may use any or all of the following methods:
(a) adjust the amount of subsequent contributions due from the employer;
(b) accept installment payments; or
(c) accept a lump-sum payment.
History: En. Sec. 9, Ch. 210, L. 2015; amd. Sec. 20, Ch. 276, L. 2019.
Structure Montana Code Annotated
Title 19. Public Retirement Systems
Chapter 20. Teachers' Retirement
Part 12. Unpaid Contributions and Overpayments
19-20-1202. Correction of errors
19-20-1203. Recovery of unpaid employer contributions
19-20-1204. Recovery of unpaid employee contributions
19-20-1205. Recovery of overpayments
19-20-1206. Interest on overpayments and unpaid contributions
19-20-1207. through 19-20-1210 reserved
19-20-1211. Notices required -- initial notice -- final staff determination
19-20-1213. Retirement system's discretion -- priority right to recover