19-20-1004. Compliance with federal act. With respect to a member‘s death occurring on or after January 1, 2007, while a member is performing qualified military service covered under the Heroes Earnings Assistance and Relief Tax Act of 2008, Public Law 110-245, and to the extent required by section 401(a)(37) of the Internal Revenue Code, 26 U.S.C. § 401(a)(37), the designated beneficiaries are entitled to benefits that the system would have provided if the member had resumed employment and then died and that are contingent on the member’s death while employed.

Terms Used In Montana Code 19-20-1004

  • Internal Revenue Code: has the meaning provided in 15-30-2101. 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
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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