Montana Code 19-3-510. Employment in United States government
19-3-510. Employment in United States government. (1) A member who is assigned to an agency of the United States government under the Intergovernmental Personnel Act of 1970, 42 U.S.C. § 4701, et seq., may purchase the federal employment as service credit in the retirement system under subsection (2) if:
Terms Used In Montana Code 19-3-510
- Compensation: means remuneration paid out of funds controlled by an employer in payment for the member's services or for time during which the member is excused from work because of a holiday or because the member has taken compensatory leave, sick leave, annual leave, banked holiday time, or a leave of absence before any pretax deductions allowed by state or federal law are made. See Montana Code 19-3-108
- Employer: means the state of Montana, its university system or any of the colleges, schools, components, or units of the university system for the purposes of this chapter, or any contracting employer. See Montana Code 19-3-108
- Highest average compensation: means :
(i)for a member hired prior to July 1, 2011, the highest average monthly compensation during any 36 consecutive months of membership service;
(ii)for a member hired on or after July 1, 2011, the highest average monthly compensation during any 60 consecutive months of membership service; or
(iii)in the event a member has not served the minimum specified period of service, the total compensation earned divided by the months of membership service. See Montana Code 19-3-108
- retirement system: means the public employees' retirement system established in 19-3-103. See Montana Code 19-3-108
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the member has accrued 5 years or more of membership service in the retirement system; and
(b)the member returns to full-time service with the former state or local government employer for at least 1 year after completing employment in the United States government.
(2)A member of the retirement system who is assigned to an agency of the United States government has the option to:
(a)continue the member’s payments into the pension trust fund; or
(b)purchase service credit for the period of federal employment under this section within 2 years after return to service under the retirement system.
(3)Salary earned while on assignment to an agency of the United States government must be considered compensation for the purposes of the retirement system and may be included in the determination of highest average compensation if the highest average compensation does not exceed 100% of the member’s highest annual compensation earned as a state or local government employee.