Undefined terms used in this chapter are consistent with statutory meanings. Defined terms will be applied to the statutes unless a contrary meaning clearly appears. For the purposes of this chapter, the following definitions apply:

(1) "Benefit recipient" means any retired member, contingent annuitant, or survivor who receives a monthly benefit payment from a retirement system. It does not include a beneficiary who receives a lump-sum payment or an annuity.

(2) "Board" means the Montana public employees' retirement board.

(3) "Contested case" means a legal proceeding, as set forth in these rules, subsequent to preliminary administrative determination.

(4) "Contingent beneficiary" means a beneficiary designated to receive payments if all primary beneficiaries are deceased.   Contingent beneficiaries will be on a share and share alike basis, unless the member specifies otherwise.

(5) "Continuous employment" means a member serves in full-time, part-time, or seasonal employment, but does not terminate service nor withdraw the accumulated contributions from the member's account.

(6) "Employment" or "reemployment" means the performance of services for an employer by a person other than an independent contractor.   If any of the four factors listed in (10) indicate control or direction by the employer, an employment relationship exists.

(7) "Filed" or "filed with the board" generally means the mailing of a form or payment in a stamped envelope which is properly addressed to the MPERA or the board.   The postmark date will be used to determine the date on which filing occurs.   If the form or payment is hand-delivered, it is considered filed on the day it is personally delivered to the MPERA office.   If the form is faxed to MPERA or the board, it is considered filed on the day it is received in the MPERA office, provided a hard copy is received in the MPERA office within five working days of the filing date.   A form can not be filed by e-mail as a signature is required.

(8) "Full-time employment" for service credit, means an employer or employers paid the member for at least 160 hours during a calendar month.   A member may not receive more than one month credit for months in which the member receives pay for more than 160 hours.

(9) "Full-time public service employment" means full time employment which when it was performed was not covered by a system referred to in 19-2-302, MCA, and may not otherwise be credited in a retirement system.

(10) "Independent contractor" means an individual who renders service in the course of an occupation and is both:

(a) engaged in an independent trade, occupation, profession or business; and

(b) under contract and in fact, at all times free from control or direction over the performance of the services.

(i) The MPERA may consider but is not limited to the following factors when determining freedom from control and direction:

(A) right or exercise of control of the means by which the work is accomplished;

(B) method of payment (time basis indicates employment) ;

(C) furnishing of equipment; and

(D) employer's right to fire.

(ii) Independent contractor status may only be established by a convincing accumulation of these factors indicating freedom from control or direction over performance of the services.

(11) "MPERA" means the Montana public employee retirement administration.

(12) "Part-time employment" for service credit, means an employer or employers paid a member for less than 160 hours during a calendar month.

(13) "PERS" means the public employees' retirement system.

(14) "Primary beneficiary" means a beneficiary designated to receive payments upon the death of a member.   Primary beneficiaries will be on a share and share alike basis, unless the member specifies otherwise.

(15) "Seasonal employment" means employment within a calendar or fiscal year which is less than 6 months duration.   Seasonal employment occurs on an on going basis during the same months in succeeding years.

(16) "Service years" or "years of service" means periods of 12 calendar months of membership service which qualify members for retirement or other benefits.

(17) "Survivor" means the designated or statutory beneficiary of a member who dies while in service.