2.44.524    ADJUSTMENT OF DISABILITY ALLOWANCE FOR OUTSIDE EARNINGS

(1) A disabled member who is engaged in a gainful occupation must notify the Teachers' Retirement System within thirty days of being engaged in that occupation. Notification must include:

(a) name and address of employer, including if self-employed;

(b) salary or hourly rate of pay and estimated yearly earnings; and

(c) description of their duties and responsibilities and if the position is full-time or part-time.

(2) The disabled member must report to the Teachers' Retirement System, no less than annually, the total amount earned each year. Members are encouraged to report earnings each month so that the TRS can advise the member when they will earn more than allowed and adjust their benefit if necessary.

(3) A disabled member who is at least sixty years of age and is not engaged in a gainful occupation is not required to file an annual earnings statement if the disabled member has not been engaged in a gainful occupation and has reported no earnings for at least the three consecutive preceding years.

(4) A disabled member who is not required to submit an annual earnings statement by application of (3) must resume submitting annual earnings statements if the disabled member again becomes gainfully employed, and must continue to submit annual earnings statements until the disabled member again has not been gainfully employed and has reported no employment income for at least the three consecutive preceding years.

History: 19-20-201, MCA; IMP, 19-20-904, MCA; NEW, 1993 MAR p. 561, Eff. 3/18/94; AMD, 1995 MAR p. 2122, Eff. 10/13/95; AMD, 2010 MAR p. 2344, Eff. 10/15/10.