BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 2.43.1501, 2.43.2101, 2.43.2104, 2.43.2120, 2.43.2214, 2.43.2303, 2.43.2610, 2.43.2901, 2.43.3008, 2.43.4203, and 2.43.4207 pertaining to the operation of the retirement systems and plans administered by the Montana Public Employees' Retirement Board

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On October 17, 2013, the Public Employees' Retirement Board published MAR Notice No. 2-43-498 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1749 of the 2013 Montana Administrative Register, Issue Number 19.

 

2. The Public Employees' Retirement Board has amended the following rules as proposed: ARM 2.43.1501, 2.43.2101, 2.43.2104, 2.43.2120, 2.43.2214, 2.43.2303, 2.43.2901, 2.43.3008, 2.43.4203, and 2.43.4207.

 

3. The Public Employees' Retirement Board will not amend the following rule as proposed and leave it intact: ARM 2.43.2610

 

4. The Public Employees' Retirement Board has thoroughly considered the comments received. A summary of the comments received and the Public Employees' Retirement Board's responses are as follows:

 

COMMENT 1: A representative of the Legislative Services Division commented that the Legislature contemplated that contingent annuitants could designate a beneficiary in at least one section, 19-5-701(2)(c)(iii), MCA. Therefore, although MPERA could treat naming of the beneficiary as optional, the rule should indicate that the contingent annuitant may designate a beneficiary, rather than deleting all reference to them. With the absence of the contingent annuitant, it seems to imply that they cannot designate a beneficiary. 

 

RESPONSE 1: MPERA agrees the statutes governing option 4 contingent annuitants in PERS, JRS, GWPORS, and SRS contemplate being able to name a beneficiary and has determined to withdraw the proposed amendment to ARM 2.43.2610. 

 

 

 

 

/s/ Melanie A. Symons                               /s/ Scott E. Moore                                       

Melanie A. Symons                                    Scott E. Moore

Chief Legal Counsel                                   President

and Rule Reviewer                                     Public Employees' Retirement Board

 

           

Certified to the Secretary of State November 18, 2013