Terms Used In Montana Code > Title 19 > Chapter 20 > Part 12 - Unpaid Contributions and Overpayments

• Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality table and interest rate assumption set by the retirement board. See Montana Code 19-20-101
• 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. See Montana Code 19-20-1201
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• 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

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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

• Individual: means a human being. 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
• 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
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• retirement benefit: means a monthly payment due to a retired member who has qualified for service or disability retirement or due to a joint annuitant or beneficiary. See Montana Code 19-20-101
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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