Mont. Code Ann. § 19-3-412

(1) The Except as provided following in subsection (2), employees the following employees in covered employment may become members of the retirement system at their option by filing an irrevocable, positions that are not elected offices shall elect either to become active members written application with the of board within 180 days of commencement of their employment: the retirement system or to decline this optional membership by filing an irrevocable, written application with the board in the manner prescribed in subsection

(a) elected officials of the state or local governments who are paid on employees serving in employment that does not cumulatively exceed a salary or wage basis rather than on a per diem or other reimbursement basis; total of 960 hours of covered employment with all employers under this chapter in any

(b) employees serving in employment that does not cumulatively exceed a total of 960 hours of covered directly appointed by the governor; employment with all employers under this chapter in any fiscal year;

(c) employees directly appointed by working 10 months or less for the governor; legislative branch to perform work related to the legislative session;

(d) employees working 6 months or the less for the legislative branch to perform work related to the legislative session; chief administrative officer of any city or county; and

(e) the chief administrative officer employees of any city county hospitals or county;

(f) employees of county hospitals or rest homes.

(2) (a) Except as provided in subsection (2)(b), employees and officials described in subsections (1)(a) through (1)(f) An employee who are employees is an active or officials but inactive member at the time of employment is not members on July 1, 1999, have until December 1, 1999, eligible to file make an irrevocable, written application with election under subsection (1). Upon employment in the board. position, an employee who was an active member remains an active member for all covered employment and an employee who was an inactive member shall become an active member.

(b) A legislator may also become person who was a retired member as of the date prior to December 30, 2000, that the legislator filed an irrevocable before employment in written application with the board to become a member and paid the employee share of contributions determined by the board to be required position for which membership is optional under subsection (1) is not eligible to purchase the legislator's prior service. However, the legislator shall purchase at least 5 years of make an election under subsection (1) and is subject to service credit or, if the legislator has less than 5 years provisions of membership service, service credit equal to all of the legislator's membership service. The legislative branch Title 19, chapter 3, part 11. is responsible for paying the amount determined by the board to be the employer's share of contributions required to purchase a legislator's service under this subsection (2)(b).

(3) If an employee declines optional membership, the employee shall sign a statement waiving membership and file it with the employer. The employer shall file the statement with the board and retain a copy of the statement. An employee who declines optional membership may not receive membership credit or service credit for the employment for which membership was declined.

(3) (a) The board shall prescribe the form of the written application required pursuant to subsection (1) and provide written application forms to each employer.

(b) Each employee in a position covered under subsection (1) shall obtain the written application form from the employer and complete and return it to the board.

(c) The written application must be filed with the board within 90 days after the commencement of the employee's employment.

(d) The employer shall inform the employee of the option to elect membership and retain a copy of the employee's written application.

(4) An Failure to inform an employee who declined optional membership but later becomes in a member may purchase service credit for position covered under subsection (1) the of period of time beginning with the date of employment in which employee's option membership to was declined to the commencement elect membership of must membership. Purchase be treated as a correction of service pursuant to this subsection must comply with 19-3-505. a reporting error under 19-2-506(4). An employee who elects membership in the defined benefit plan following discovery of an omission to be informed of the optional election may choose to purchase the retroactive service under 19-3-505, and the employer is obligated to pay the employer contributions as well as accrued interest in both the employer and employee contributions.

(5) Membership in If the retirement system is not optional for an employee who is already a member. Upon employment in a position for which membership is optional: fails to file with the board the written application required under subsection (1) within the time allowed in subsection (3), the failure must be considered an election to decline membership.

(a) a member who was an active member before the employment remains an active member;

(b) a member who was an inactive member before the employment becomes an active member; and

(c) a member who was a retired member before the employment is subject to part 11 of this chapter.

(6) An Except as provided employee in subsection (7), an employee who declines optional membership while employed in a position for may which membership not is optional may not later become a member while still employed in that position. If, receive membership after a break in service of 30 days or more, an employee who service credit for the employment for which was membership a member in an optional membership position is reemployed in the same position or is was declined. employed in a different position for which membership is optional, the employee shall again choose or decline membership. However, if the break in service is less than 30 days, an employee who declined membership is bound by the employee's original decision to decline membership.

(7) An employee accepting who declined optional a membership position that requires membership shall become but later becomes a member even if may purchase service credit for the employee previously declined membership and did not have a 30-day break period of time beginning with the date of employment in service. which membership was declined to the commencement of membership. Purchase of service credit pursuant to this subsection must comply with 19-3-505.

(8) If An an employee employee or official fails to file with the board who has made an irrevocable, written application within the time allowed in election under this section, the employee section may not make a new or official waives membership. different election under this section in any circumstance unless the employee has been terminated from employment in all optional membership positions for at least 30 days.

(9) An employee accepting a position that requires membership shall become a member even if the employee previously declined membership under this section.

Optional membership – employees not in elected office