19-20-1212. Recovery methods. (1) The retirement system may use any or all of the following methods to recover amounts owed from a member or benefit recipient:

Terms Used In Montana Code 19-20-1212

  • 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
  • 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

(a)accept a lump-sum payment;

(b)accept installment payments;

(c)accept a rollover payment from a member;

(d)actuarially adjust monthly benefit payments;

(e)withhold up to 50% of each monthly benefit payment;

(f)withhold up to 100% of a lump-sum distribution; or

(g)withhold up to 100% of the lump-sum death benefit payable under 19-20-1001(1)(b) or 19-20-1002(1)(a).

(2)For payment of amounts owed by an employer, the retirement system may use any or all of the following methods:

(a)adjust the amount of subsequent contributions due from the employer;

(b)accept installment payments; or

(c)accept a lump-sum payment.

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