2.43.2120    REINSTATEMENT -- CREDIT FOR LOST TIME

(1) An inactive member whose service was involuntarily terminated and who is later returned to employment as the result of a suit, court order, arbitration, or out-of-court settlement may petition the board for membership service and service credit to be granted for the period of time lost, provided the member is awarded retroactive compensation as a result of the claim. 

(2) An involuntarily terminated member who refunds or retires prior to being returned to employment as the result of a suit, court order, arbitration, or out-of-court settlement and who is awarded retroactive compensation because of the claim may petition the board for membership service and service credit to be granted for the time lost.

(a) The retired member must repay all retirement benefits, plus the actuarially assumed rate of interest on the benefits.

(b) The member who refunded must repay all accumulated contributions, plus the actuarially assumed rate of interest on the accumulated contributions.

(3) In order to receive full membership service and service credit, employee and employer contributions must be paid by the employer on the total compensation the member would have received, including any interim earnings. Proportional service credit will be granted if employee and employer contributions are paid on a lesser amount of compensation. Any statutorily required state contributions must also be received.

(4) Lump-sum awards not considered compensation under state and federal tax laws will not be considered compensation for the purposes of this rule.

 

History: 19-2-403, MCA; IMP, 19-2-303, MCA; NEW, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1997 MAR p. 1660, Eff. 9/23/97; AMD & TRANS, from ARM 2.43.427, 2008 MAR p. 2474, Eff. 11/27/08; AMD, 2011 MAR p. 1678, Eff. 8/26/11; AMD, 2013 MAR p. 2240, Eff. 11/28/13; AMD, 2020 MAR p. 391, Eff. 2/29/20.