19-3-2113. Reinstatement of plan membership -- purchase of prior service credit in defined benefit plan. (1) (a) A member who terminates membership in the defined benefit plan, the defined contribution plan, or the university system retirement program after making an election pursuant to 19-3-2111 or 19-3-2112 and who returns to covered employment in less than 24 months is a member of the plan that the member last selected and is not eligible for a new plan choice election.
(b) A member who terminated membership in the defined benefit plan, the defined contribution plan, or the university system retirement program after making an election pursuant to 19-3-2111 or 19-3-2112 and who returns to covered employment after 24 months or more is eligible to make a plan choice election as though initially hired as provided for in 19-3-2111(1)(b).
(2) (a) An employee who returns to covered employment after terminating membership in the defined benefit plan, who is eligible to make a plan choice, and who elects to join the defined benefit plan pursuant to 19-3-2111 or 19-3-2112 may reinstate prior membership service and service credit as provided in 19-2-603.
(b) An employee who returns to covered employment after terminating membership in the defined contribution plan or the university system retirement program, who is eligible to make a plan choice, and who elects to join the defined benefit plan pursuant to 19-3-2111 or 19-3-2112 may purchase prior membership service and service credit by paying to the board the full actuarial cost of the service credit as of the latest actuarial valuation of the defined benefit plan. The member may not purchase membership service and service credit under this section in excess of the member's length of service in the defined contribution plan or the university system retirement program.
History: En. Sec. 49, Ch. 471, L. 1999; amd. Sec. 19, Ch. 490, L. 2001; amd. Sec. 46, Ch. 429, L. 2003; amd. Sec. 16, Ch. 128, L. 2007; amd. Sec. 6, Ch. 282, L. 2013.
Structure Montana Code Annotated
Title 19. Public Retirement Systems
Chapter 3. Public Employees' Retirement System
Part 21. Defined Contribution Plan
19-3-2104. Board powers and duties -- rulemaking
19-3-2105. Administrative expenses and fees
19-3-2106. Limited contract right
19-3-2107. through 19-3-2110 reserved
19-3-2111. Plan membership -- written election required -- failure to elect -- effect of election
19-3-2114. Amount available to transfer
19-3-2116. Vesting -- mandatory termination of membership -- forfeitures
19-3-2117. Allocation of contributions and forfeitures
19-3-2118. through 19-3-2120 reserved
19-3-2122. Investment alternatives -- notice of changes -- default fund
19-3-2123. Payout of vested account balances when terminating plan membership
19-3-2126. Refunds -- minimum account balance -- adjustment by rule
19-3-2127. through 19-3-2130 reserved
19-3-2133. Employee investment advisory council
19-3-2135. through 19-3-2140 reserved
19-3-2142. Disability benefit recipients to remain members -- access to account prohibited