2.43.3401    RETIREMENT OPTIONS FOR ELECTED OFFICIALS OTHER THAN LEGISLATORS

(1) Any elected or appointed official, other than a legislator, who becomes a member of PERS pursuant to 19-3-412, MCA, will receive service credit based upon the number of the member's compensated hours. Per diem or other benefits are not compensation.

(2) A retired PERS member who is elected or appointed to a state or local government public office covered by PERS may elect to become an active member of PERS or remain a retired member, with no limitation on the number of hours worked in the elected or appointed position.

(3) An active PERS member who is elected or appointed to a local government public office and works less than 960 hours a year in the elected position may decline membership in PERS with respect to the elected or appointed position.

(4) A PERS DBRP member who elects to purchase into PERS previous service as an elected or appointed official must comply with 19-3-505, MCA, except the cost will not include interest for any contributions due on service prior to July 1, 1993.

History: 19-2-403, MCA; IMP, 19-2-701, 19-2-702, 19-3-412, 19-3-1106, MCA; NEW, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1990 MAR p. 994A, Eff. 7/1/90; AMD, 1993 MAR p. 1199, Eff. 7/1/93; AMD, 1995 MAR p. 1319, Eff. 7/14/95; AMD, 1999 MAR p. 1504, Eff. 7/2/99; AMD, 2003 MAR p. 1981, Eff. 9/12/03; AMD & TRANS, from ARM 2.43.418, 2008 MAR p. 2467, Eff. 12/1/08.