Table of Contents TITLE 19. PUBLIC RETIREMENT SYSTEMS CHAPTER 20. TEACHERS' RETIREMENT Part 8. Superannuation Retirement
Edition 2025 Other editions
Current Version 2025 2023 2021 2019 2017 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned
1995 forward is searchable text. Earlier volumes are page scans.
Next
1 19-20-801 1 19-20-802 19-20-804 19-20-805 19-20-810

Mont. Code Ann. § 19-20-801 (1)

Eligibility for service retirement

(1) A tier one member is eligible to receive a service retirement allowance calculated under 19-20-804(1) if the member:

(a) has been credited with at least 5 full years of creditable service and has attained the age of 60; or

(b) has been credited with full-time or part-time creditable service in 25 or more years.

(2) Except as provided in subsection (3), a tier two member is eligible to receive a service retirement allowance calculated under 19-20-804(1) if the member:

(a) has been credited with at least 5 full years of creditable service and has attained the age of 60; or

(b) has been credited with full-time or part-time creditable service in 30 or more years and has attained the age of 55.

(3) A tier two member who has been credited with 30 or more years of creditable service and has attained the age of 60 is eligible for a professional retirement option allowance calculated under 19-20-804(2).

(4) To receive a retirement allowance under 19-20-804, the member must have terminated employment in all positions reportable to the retirement system and must file a written application with the retirement board.

(5) A vested member who has attained normal retirement age has a nonforfeitable right to the benefits accrued and payable under the provisions of this chapter, subject to the member's right to a refund of the member's accumulated contributions under 19-20-603.

Opinions construing this section

1 opinion
2021 MT 48N Feb 23, 2021 Affirmed
E. Zabrocki v. Teacher Retirement Sys
Majority by Jim Rice · 5 to 0
59. ¶11 To be eligible to draw TRS retirement benefits, one must “terminate[] employment in all positions” which are eligible for TRS active membership. Section 19-20-801, MCA (2007). Pursuant to § 19-20-302(1)(a), MCA, a person who is a district superintendent must be an active member of TRS. Active membership by an employee requi
Official Annotations archive.org, 2025 edition
History:
En. 75-6208 by Sec. 103, Ch. 5, L. 1971
Amd. Sec. 2, Ch. 57, L. 1971
Amd. Sec. 2, Ch. 422, L. 1971
Amd. Sec. 4, Ch. 507, L. 1973
Amd. Sec. 3, Ch. 26, L. 1975
Amd. Sec. 5, Ch. 127, L. 1977
Amd. Sec. 5, Ch. 331, L. 1977
Amd. Sec. 1, Ch. 443, L. 1977
R.C.M. 1947, 75-6208(2)(a)
Amd. Sec. 3, Ch. 527, L. 1983
Sec. 19-4-801, MCA 1991
Redes. 19-20-801 by Code Commissioner, 1993
Amd. Sec. 22, Ch. 442, L. 1997
Amd. Sec. 20, Ch. 111, L. 1999 (HB 118 - Mood, Douglas (R) HD 58)
Amd. Sec. 13, Ch. 366, L. 2013 (HB 54 - Ingraham, Pat (R) HD 13)
Amd. Sec. 10, Ch. 276, L. 2019 (HB 204 - Ryan, Marilyn (D) HD 99)
Source text on leg.mt.gov