19-20-401. Creditable service. (1) The creditable service of a member begins on the date of the member's employment in a capacity prescribed for eligibility in 19-20-302 and accumulates to the member's credit on the basis of the retirement board's policy governing creditable service.
     (2) The creditable service of a member includes the following:
     (a) each year of service for which contributions to the retirement system were deducted from the member's compensation under the provisions of Chapter 87, Laws of 1937, Chapter 215, Laws of 1939, this chapter, and their subsequent amendments, except that credit may not be awarded for those years of service for which the contributions have been withdrawn and not replaced;
     (b) any out-of-state employment service awarded by the retirement board under the provisions of 19-20-402;
     (c) any service awarded for employment while on leave under 19-20-403;
     (d) any service in the military, red cross, or merchant marine awarded by the retirement board under 19-20-404;
     (e) any employment service awarded by the retirement board under the provisions of 19-20-408;
     (f) any service transferred after October 1, 1989, from the public employees' retirement system under 19-20-409;
     (g) any service awarded by the retirement board for extension service employment under 19-20-410;
     (h) any service awarded for absence because of employment-related injury under 19-20-411; and
     (i) any service awarded for service purchased under 19-20-426.
     (3) The retirement board's determination of creditable service under this section is final and conclusive for the purposes of the retirement system unless, at any time, the board discovers an error or fraud in the establishment of creditable service, in which case the board shall redetermine the creditable service.
     (4) For a member completing only part-time service during the qualifying period, the first full year's teaching salary used to calculate the cost to purchase creditable service is the salary that the member would have earned if the member's first year part-time salary had been full-time.

     History: En. 75-6212 by Sec. 107, Ch. 5, L. 1971; amd. Sec. 5, Ch. 507, L. 1973; amd. Sec. 8, Ch. 127, L. 1977; amd. Sec. 7, Ch. 331, L. 1977; R.C.M. 1947, 75-6212(2) thru (4); amd. Sec. 2, Ch. 551, L. 1981; amd. Sec. 2, Ch. 38, L. 1987; amd. Sec. 2, Ch. 79, L. 1987; amd. Sec. 3, Ch. 56, L. 1989; amd. Sec. 2, Ch. 690, L. 1989; Sec. 19-4-401, MCA 1991; redes. 19-20-401 by Code Commissioner, 1993; amd. Sec. 4, Ch. 320, L. 2005; amd. Sec. 4, Ch. 282, L. 2009.