19-3-2123. Payout of vested account balances when terminating plan membership. Except as provided in 19-3-2142, any time after termination of service, a member or the member's beneficiary may terminate plan membership by filing a written application with the board and removing the member's vested account balance from the plan through any combination of the following payout options, each of which is subject to applicable regulations of the internal revenue service:
(1) a direct rollover to an eligible retirement plan, which includes an individual retirement account or annuity and, effective January 1, 2008, a Roth IRA provided for in section 408A of the Internal Revenue Code, 26 U.S.C. 408A, pursuant to section 401(a)(31) of the Internal Revenue Code, 26 U.S.C. 401(a)(31);
(2) a regular rollover to an eligible retirement plan pursuant to section 402(c) of the Internal Revenue Code, 26 U.S.C. 402(c); or
(3) a lump-sum distribution of the member's vested account balance.
History: En. Sec. 56, Ch. 471, L. 1999; amd. Sec. 7, Ch. 423, L. 2001; amd. Sec. 26, Ch. 490, L. 2001; amd. Sec. 14, Ch. 284, L. 2009.
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