Montana Code 19-20-1201. Definitions
19-20-1201. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 19-20-1201
- Benefit recipient: means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member. See Montana Code 19-20-1201
- Error: means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:
(a)a clerical mistake;
(b)a failure to fully and correctly perform a required act or provide required information;
(c)an assertion or other representation of fact or circumstance that is not complete and accurate; or
(d)an incorrect understanding, construction, or application of plan terms or other applicable law or policy. See Montana Code 19-20-1201
- Member: means a person who has an individual account in the annuity savings account. See Montana Code 19-20-101
- overpayment: means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error. See Montana Code 19-20-1201
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- plan: means the teachers' retirement system of the state of Montana provided for in 19-20-102. See Montana Code 19-20-101
- Unpaid contributions: means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error. See Montana Code 19-20-1201
(1)”Amount owed” means the total amount of overpaid benefits or unpaid contributions plus accrued interest as provided in 19-20-1206 and costs and fees awarded as provided in 19-20-1214.
(2)”Benefit recipient” means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member.
(3)”Error” means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:
(a)a clerical mistake;
(b)a failure to fully and correctly perform a required act or provide required information;
(c)an assertion or other representation of fact or circumstance that is not complete and accurate; or
(d)an incorrect understanding, construction, or application of plan terms or other applicable law or policy.
(4)”Overpaid benefits” or “overpayment” means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error.
(5)”Unpaid contributions” means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error.