Montana Code Annotated 1995

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     19-3-512. Qualification of service from other public retirement systems. (1) A member with 5 or more years of membership service in the public employees' retirement system may qualify:
     (a) public service employment covered under a public retirement system other than a system provided for in Title 19 for which the member received a refund of the member's membership contribution; and
     (b) public service employment that occurred before the public employer adopted a public retirement system.
     (2) A member may not qualify more than 5 years of service under this section. To qualify this service, a member shall:
     (a) at any time before retirement make a written election with the board to qualify the service; and
     (b) contribute to the pension trust fund the actuarial cost of granting the service in the public employees' retirement system, as determined by the board, based on:
     (i) the member's compensation in the sixth year of service covered under the public employees' retirement system; and
     (ii) the most recent actuarial valuation.
     (3) Contributions to qualify service under this section may be made in a lump-sum payment or by making additional contributions in installments as agreed upon by the member and the board.
     (4) Service qualified under this section may not be:
     (a) credited in any other retirement system under Title 19; or
     (b) used to qualify a member to purchase military service under 19-3-503.
     (5) Service qualified under this section may not be used in calculating a member's retirement benefit unless the member's last 5 years of service credit were earned under the public employees' retirement system. If a member's qualified service may not be used in calculating the member's retirement benefit, the member may choose to receive a refund of the accumulated contributions made to qualify the service.

     History: En. Sec. 1, Ch. 11, L. 1987; amd. Sec. 1, Ch. 196, L. 1989; amd. Sec. 62, Ch. 265, L. 1993.

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