(1) Any elected 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) Legislators may elect membership in PERS.

(a) The legislator's application to join or to decline PERS membership must be filed with the board within 180 days of the first day of the legislator's term of office.

(i) A senator who is subsequently elected to serve as a representative, or a representative who is subsequently elected to serve as a senator, is considered to have started a new term of office and has a new 180-day election window.

(ii) A senator or representative whose district changes as a result of redistricting is not considered to have started a new term of office and does not have a new 180-day election window.

(b) A legislator may also exercise options available under 5-2-304 and 19-3-412 , MCA.

(c) A legislator who becomes a member of PERS must pay regular contributions on all compensation for service in office.

(i) The legislator must pay contributions through payroll deduction during a legislative session.

(ii) The legislator may pay contributions directly to MPERA when the legislature is not in session.

(d) The total contribution required for the term will be based on the current statutory salary prescribed in 5-2-301 , MCA, less any previous contributions. The legislator must make all payments to MPERA no later than the last day of the legislator's final term in that office.

(e) Service credit and membership service will be granted pursuant to 19-3-521 , MCA.

(3) A retired PERS member who is elected 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 position.

(4) An active PERS member who is elected 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 position.

(5) A member appointed to fill an unexpired term has the same rights and privileges as an elected official.

(6) An elected official whose term ends prior to the 15th of a month will be considered to have terminated covered employment effective the last day of the month preceding the end of the term.

(7) A member who elects to purchase previous service as an elected official in the PERS 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.