(1) A Montana University System (MUS) employee who is a PERS member is required to make a retirement plan election pursuant to ARM 2.43.1010 and 2.43.1011.

(2) A MUS employee who is a PERS member may be a participant of the MUS Optional Retirement Program (ORP) and either the PERS Defined Benefit Retirement Plan (DBRP) or the PERS Defined Contribution Retirement Plan (DCRP) only under one of the following conditions:

(a) The PERS member is employed part- or full-time by both the MUS and another PERS covered employer and does not have previous retirement plan election(s) on file with the MPERA. The member may elect the ORP for his or her MUS employment and the DBRP or DCRP for his or her other PERS-covered employment.

(b) The PERS member is employed by the MUS, elected the MUS ORP, and accepted employment with another PERS-covered employer, other than MUS. The member may have terminated employment with the MUS or may have taken a separate (second) job with the other PERS-covered employer. In either case, the member must elect either the DBRP or DCRP as the member's retirement plan for the member's employment with the other PERS-covered employer.

(3) A MUS employee who is in both a PERS covered position and an ORP covered position may be a participant of both the MUS ORP and either the DBRP or DCRP.