Montana Code 49-2-309. Discrimination in insurance and retirement plans
49-2-309. Discrimination in insurance and retirement plans. (1) A financial institution or person may not discriminate solely on the basis of sex or marital status in the issuance or operation of any type of insurance policy, plan, or coverage or in any pension or retirement plan, program, or coverage, including discrimination in regard to rates or premiums and payments or benefits.
Terms Used In Montana Code 49-2-309
- Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101
- Financial institution: means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company. See Montana Code 49-2-101
- Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
- Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101
(2)This section does not apply to any insurance policy, plan, or coverage or to any pension or retirement plan, program, or coverage in effect prior to October 1, 1985.
(3)It is not a violation of the prohibition against marital status discrimination in this section for an employer to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.
(4)Except as prohibited under 45 CFR, part 147, implementing the Patient Protection and Affordable Care Act as of October 1, 2021, it is not a violation of the prohibition against sex or marital status discrimination in this section for a person to use accepted ratemaking methodologies based on sex or marital status in establishing insurance premium rates.