Montana Code 19-20-411. Absence because of employment-related injury
19-20-411. Absence because of employment-related injury. (1) Subject to the limitation in subsection (6), a member who is absent because of an injury entitling the member to workers’ compensation payments may purchase as creditable service the time during which the member is absent. To purchase this service, a member shall contribute to the retirement system as provided in subsection (2) upon the member’s return to contributing membership service.
Terms Used In Montana Code 19-20-411
- board: means the retirement system's governing board provided for in 2-15-1010. See Montana Code 19-20-101
- Employer: means :
(a)the state of Montana;
(b)a public school district, as provided in 20-6-101 and 20-6-701;
(c)the office of public instruction;
(d)the board of public education;
(e)an education cooperative;
(f)the Montana school for the deaf and blind, as described in 20-8-101;
(g)the Montana youth challenge program, as defined in 10-1-101;
(h)a correctional facility, as defined in 41-5-103;
(i)the Montana university system;
(j)a community college; or
(k)any other agency, political subdivision, or instrumentality of the state that employs a person who is designated a member of the retirement system pursuant to 19-20-302. See Montana Code 19-20-101
- Member: means a person who has an individual account in the annuity savings account. See Montana Code 19-20-101
- Service: means the performance of duties that would entitle the person to active membership in the retirement system under the provisions of 19-20-302. See Montana Code 19-20-101
(2)(a) A member who became a member before July 1, 1989, shall contribute an amount equal to:
(i)the contributions that the member would have made had the member not been absent, based on the member’s compensation at the commencement of the absence;
(ii)the interest that begins to accrue 1 year from the date that the member returns to covered employment; and
(iii)the interest not paid by the employer under subsection (3).
(b)A member who became a member on or after July 1, 1989, shall pay the actuarial cost of the service based on the most recent valuation of the system.
(3)When a member elects to contribute under subsection (2)(a), the employer shall contribute an amount equal to the contributions that would have been made by the employer had the member not been absent, based on the member’s compensation at the commencement of the absence. The employer may contribute an amount equal to the interest accruing on the employer’s contributions calculated in the same manner as interest on the employee’s contributions under subsection (2)(a). If the employer elects not to pay the interest, this amount must be paid by the employee.
(4)A member shall file with the retirement board a written notice of the member’s intent to pay the contributions under subsection (2).
(5)Payment of the employee’s contributions may be made in one sum at the time of filing the notice or in installments before termination of covered employment as agreed between the board and the member.
(6)A member absent as provided in subsection (1) loses the right to contribute under this section if the member’s accumulated normal contributions are refunded under 19-20-603.
(7)The maximum amount of membership service allowable under this section is 2 years.