BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD

 OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 2.43.2105 pertaining to basic period of service

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On February 10, 2011, the Public Employees' Retirement Board (PER Board) published MAR Notice No. 2-43-449 pertaining to the proposed amendment of the above-stated rule at page 132 of the 2011 Montana Administrative Register, Issue Number 3.

 

2.  The PER Board has amended the above-stated rule as proposed.

 

 3.  The PER Board has thoroughly considered the comment received.  A summary of the comment and the PER Board's response are as follows:

 

COMMENT #1:  The Montana Public Employee Retirement Administration (MPERA) received an e-mail from a program manager concerning employees in a work unit with a flexible work schedule.  The schedule consists of regular nine-hour shifts and an eight-hour shift every two weeks with every other Friday as a day off.  This results in a two-week pay period reflecting a 35-hour and a 45-hour work week.  This flexible work schedule may result in employees being five hours short of either 160 hours in a calendar month or 2,080 hours in a calendar year.  The program manager questions whether the employees will be treated as part-time employees under the proposed amended rule.

 

RESPONSE #1:  The referenced employees currently receive less than a month's service credit for every month they work under 160 hours.  The proposed amendment addresses this situation, resulting in the employees receiving a full month of service credit for calendar months during which they work under 160 hours, provided they work 2,080 hours during the relevant fiscal year (July 1 through June 30).  Any employee who works less than 2,080 hours in a fiscal year will continue to have their service credit proportionately reduced.

 

 

/s/  Melanie A. Symons                                 /s/  John Nielsen                               

Melanie A. Symons                                       John Nielsen

Chief Legal Counsel and                             President

Rule Reviewer                                               Public Employees' Retirement Board

 

 

 

 

/s/  Michael P. Manion                                             

Michael P. Manion, Chief Legal Counsel

and Rule Reviewer

Department of Administration

 

           

Certified to the Secretary of State April 18, 2011.