Administrative Rules of the State of Montana

BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 2.43.1302, 2.43.2110, 2.43.2114, 2.43.2120, 2.43.2309, 2.43.2315, 2.43.2610, 2.43.2902, 2.43.3008, 2.43.4020, and 2.43.4620, all pertaining to the operation of the retirement systems and plans administered by the Montana Public Employees' Retirement Board and repeal of ARM 2.43.3601 pertaining to allocation of additional employer contributions on behalf of Montana university system employees in the optional retirement program

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NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On December 27, 2019, the Montana Public Employees' Retirement Board published MAR Notice No. 2-43-591 pertaining to the proposed amendment and repeal of the above-stated rules at page 2274 of the 2019 Montana Administrative Register, Issue Number 24.

2. The Public Employees' Retirement Board has amended the following rules as proposed: ARM 2.43.1302, 2.43.2110, 2.43.2114, 2.43.2120, 2.43.2315, 2.43.2902, and 2.43.3008. The board has repealed ARM 2.43.3601.

3. The Public Employees' Retirement Board has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

2.43.2309 SERVICE PURCHASES BY INACTIVE VESTED MEMBERS

(1) through (3) remain as proposed.

AUTH: 19-2-403, MCA

IMP: 19-2-603, 19-2-908, 19-3-401, 19-3-505, 19-5-301, 19-6-301, 19-7-301, 19-8-301, 19-9-301, 19-13-301, MCA

2.43.2610 DESIGNATION OF BENEFICIARY BY RETIREES, ALTERNATE PAYEES, AND CONTINGENT ANNUITANTS (1) and (2) remain as proposed.

(3) If a retirement system member who has applied for retirement dies prior to receipt of their initial retirement benefit, the member's beneficiary must revert to the beneficiary or beneficiaries designated on their retirement system membership ~~card~~ form.

AUTH: 19-2-403, MCA

IMP: 19-2-801, 19-2-907, 19-3-1501, 19-5-701, 19-7-1001, 19-8-1105, MCA

2.43.4020 EMPLOYMENT AFTER THE DROP PERIOD - PAYMENTS

(1) through (4) remain as proposed.

AUTH: 19-2-403, 19-6-1003, MCA

IMP: 19-6-505, 19-6-1003, 19-6-1007, MCA

2.43.4620 EMPLOYMENT AFTER THE DROP PERIOD - PAYMENTS

(1) through (4) remain as proposed.

AUTH: 19-2-403, 19-9-1203, MCA

IMP: 19-9-804, 19-9-1207, MCA

4. The Public Employees' Retirement Board has thoroughly considered the comments and testimony received. A summary of the comments received and the board's responses are as follows:

COMMENT 1: A representative of the Legislative Services Division commented that because 19-3-505, MCA is being added to the text of ARM 2.43.2309 that it should also be included in the implementation statutes. In addition, the changes to ARM 2.43.4020 and 2.43.4620 implicate beneficiary statues applicable to each system referenced in each rule. Therefore it is suggested to add 19-6-505, MCA to ARM 2.43.4020 and 19-9-804, MCA to ARM 2.43.4620 to the implementation statutes of each rule.

RESPONSE 1: The board agrees with the comment and has added the implementation statutes to their corresponding rules.

COMMENT 2: A representative of the Legislative Services Division commented that the reason statement for ARM 2.43.2610 refers to membership "form" but the rule change refers to membership "card." Section 19-2-801, MCA which is an implementation statute, refers to membership forms only. Therefore it is suggested that the rule change include the term membership "form" and not membership "card."

RESPONSE 2: The board agrees with the comment and has changed "card" to "form" in ARM 2.43.2610.

/s/ William Holahan /s/ Pepper Valdez

William Holahan Pepper Valdez

Chief Legal Counsel Vice-President

and Rule Reviewer Public Employees' Retirement Board

Certified to the Secretary of State February 18, 2020.