19-3-1210. Death payments to designated beneficiaries of retired members. (1) When a retired member receiving an option 1 retirement benefit under 19-3-1501 dies, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.
(2) If a retired member receiving an option 2 or 3 retirement benefit under 19-3-1501 dies with no surviving contingent annuitant, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.
(3) This section does not apply if the member was receiving a disability benefit. The member's accumulated contributions may not be reduced by the disability benefits already paid unless the disability benefit was converted to a service retirement benefit pursuant to 19-2-406(5).
History: En. Sec. 83, Ch. 265, L. 1993; amd. Sec. 37, Ch. 562, L. 1999; amd. Sec. 41, Ch. 429, L. 2003; amd. Sec. 16, Ch. 283, L. 2009; amd. Sec. 13, Ch. 178, L. 2013; amd. Sec. 13, Ch. 248, L. 2015.
Structure Montana Code Annotated
Title 19. Public Retirement Systems
Chapter 3. Public Employees' Retirement System
Part 12. Survivorship Benefits and Death Payments
19-3-1201. Eligibility for death payments
19-3-1202. Amount of death payment
19-3-1203. Election of optional death annuity
19-3-1204. Survivorship benefit elected by beneficiary
19-3-1205. Amount of survivorship benefit
19-3-1206. through 19-3-1209 reserved
19-3-1210. Death payments to designated beneficiaries of retired members
19-3-1211. Refund when former member dies after transferring to another system
19-3-1212. Nonapplication of part to defined contribution plan