BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 2.43.2318 pertaining to "one-for -five" additional service and ARM 2.43.2324 pertaining to guaranteed annual benefit adjustment coverage - PERS, SRS, and GWPORS

) ) ) ) ) )

NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On October 17, 2013, the Public Employees' Retirement Board published MAR Notice No. 2-43-497 pertaining to the proposed amendment of the above-stated rules at page 1746 of the 2013 Montana Administrative Register, Issue Number 19.

 

2. The Public Employees' Retirement Board has amended the following rule as proposed: ARM 2.43.2318.

 

3. The Public Employees' Retirement Board has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

     2.43.2324  GUARANTEED ANNUAL BENEFIT ADJUSTMENT COVERAGE        (1)  Defined benefit members Members who terminate covered employment, accept a refund of their accumulated contributions, and return to covered employment in the same system, will be eligible for the GABA provisions in effect at the time the member returns to covered employment.

            (2)  Purchase of the refunded time does not affect the member's new hire date. The member will remain eligible for the GABA provisions then in effect, not the GABA associated with the refunded time.

 

AUTH:  19-2-403, MCA

IMP:     19-2-603, 19-3-1605, 19-6-712, 19-7-711, 19-8-1105, MCA

 

4. The Public Employees' Retirement Board has thoroughly considered the comments received. A summary of the comments received and the Public Employees' Retirement Board's responses are as follows:

 

COMMENT 1: A representative from Legislative Services Division commented that the language in ARM 2.43.2324(1) was ambiguous. It was suggested that the word "provisions" be added after GABA in order to provide clarity and avoid any misinterpretation.

 

It was also recommended to add "defined benefit" before members in (1) to avoid any confusion with the other systems MPERA oversees.

Highway Patrol Officers' Retirement System was added to this rule as a result of Chapter 272 of the Session Laws of 2013. Therefore it is necessary to have 19-6-712, MCA, listed in the implementation citations.

 

RESPONSE 1: MPERA agrees with the commenter regarding the suggested changes and has implemented those changes.

 

 

/s/ Melanie Symons                                    /s/ Scott E. Moore                                       

Melanie Symons                                        Scott Moore

Chief Legal Counsel                                   President

and Rule Reviewer                                     Public Employees' Retirement Board

 

           

Certified to the Secretary of State November 18, 2013.