19-20-416. Credit for legislative service required. (1) A legislator who did not elect to continue to participate in the system, as provided under 5-2-304, and who subsequently participates as a member must be awarded creditable service for legislative service if the legislator contributes an amount equal to the member contributions that would have been made if the legislator had elected membership plus interest paid as follows:

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Terms Used In Montana Code 19-20-416

  • 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

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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

(a)if a written application to purchase service was signed prior to July 1, 2012, at the rate that the contributions would have earned if they had been on deposit with the retirement system; or

(b)if a written application to purchase service is signed on or after July 1, 2012, at the actuarially assumed interest rate in effect on the date the written application is signed.

(2)The employer contribution must be made by the legislative branch in the amount that would have been contributed if the legislator had elected membership plus interest at the rate that the contributions would have earned if they had been on deposit with the retirement system.