Withdrawal of accumulated contributions -- options
An inactive member electing to do so or a person whose membership terminates without a prospect or anticipation that the member will return to work for an employer within 60 days of termination may withdraw the member's accumulated contributions from the annuity savings fund in the retirement system in accordance with the following provisions:
(1) An inactive member under the provisions of 19-20-303(1) or (3) may elect, without right of revocation, to withdraw the member's accumulated contributions. If the member does not withdraw the accumulated contributions, the member remains an inactive member of the retirement system with the right to qualify for its benefits.
(2) Upon recovery from a disabling illness or separation from the armed forces, a person qualifying as an inactive member under the provisions of 19-20-303(2) may withdraw the member's accumulated contributions unless the member returns to active membership.
(3) Upon written application to the board, a terminating member may have the payment of all or any portion of the member's accumulated contributions rolled over or transferred into another qualified plan designated by the member. The portion not rolled over or transferred must be paid directly to the terminating member. The board shall provide forms for filing the written application. The terminating member is responsible for correctly designating an account or plan eligible to receive the tax-deferred amount in order to continue the tax-deferred status of the amount. To the extent required by section 401(a)(31) of the Internal Revenue Code, the board shall allow members and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
(4) If a nonvested member terminates with accumulated contributions of less than $200, the board shall pay the accumulated contributions in a lump sum as soon as administratively feasible without a written application from the member unless there is a return to service. Upon the payment of accumulated contributions, the member is considered to have withdrawn from the system.
(1) An inactive member under the provisions of 19-20-303(1) or (3) may elect, without right of revocation, to withdraw the member's accumulated contributions. If the member does not withdraw the accumulated contributions, the member remains an inactive member of the retirement system with the right to qualify for its benefits.
(1) (a) An inactive member may apply at any time to withdraw from membership in the retirement system and receive a refund of the member's accumulated contributions.
(b) An active member may apply to withdraw from membership in the retirement system and receive a refund of the member's accumulated contributions no sooner than 30 days before the date of the member's termination from employment in all positions reportable to the retirement system.
(c) The application must be made on a form or in a manner prescribed by the retirement system and is not complete until all required supporting documentation is provided. The application is void if the documentation is not provided within 60 days after the application date.
(2) Upon recovery from The retirement system shall refund a disabling illness or separation from withdrawing member's accumulated contributions after the armed forces, a person qualifying as an inactive member under latest the of provisions of 19-20-303(2) may withdraw the member's accumulated contributions unless the member returns to active membership. following dates:
(a) the last day of the month in which the member terminated employment in all positions reportable to the retirement system;
(b) the last day of the last month for which the employer reported to the retirement system compensation paid to the member; or
(c) the date that the member's application to withdraw is complete.
(3) Upon written application to the board, a terminating member may have the payment of all A or any portion of the member's accumulated contributions rolled over or transferred into another qualified plan designated by the member. The withdrawal and refund under this section: portion not rolled over or transferred must be paid directly to the terminating member. The board shall provide forms for filing the written application. The terminating member is responsible for correctly designating an account or plan eligible to receive the tax-deferred amount in order to continue the tax-deferred status of the amount. To the extent required by section 401(a)(31) of the Internal Revenue Code, the board shall allow members and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
(a) is irrevocable after the refund has been processed by the retirement system;
(b) constitutes forfeiture of the member's creditable service and any right to a benefit pursuant to that service;
(c) terminates the member's membership in the retirement system; and
(d) terminates a withdrawn tier one member's status as a tier one member.
(4) If a nonvested member terminates with accumulated contributions of less than $200, the board shall An individual who has withdrawn and later returns to employment pay the in accumulated contributions in a lump sum as soon as administratively feasible without a written application from position reportable the to member unless there is a return to service. Upon the payment of accumulated contributions, retirement system may purchase the member is considered to have withdrawn from the system. forfeited creditable service as provided in 19-20-427. However, a tier one member who withdraws and returns to employment in a position reportable to the retirement system must return
(5) The withdrawal application of a member is void if the member is reported to the retirement system for current employment in a position reportable to the retirement system before the refund is processed.
Withdrawal from membership – refund of accumulated contributions -- – options
An inactive member electing to do so or a person whose membership terminates without a prospect or anticipation that the member will return to work for an employer within 60 days of termination may withdraw the member's accumulated contributions from the annuity savings fund in the retirement system in accordance with the following provisions:
| EnactedEn. 75-6208 by SectionSec. 103, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 2, ChapterCh. 57, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 2, ChapterCh. 422, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 4, ChapterCh. 507, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 3, ChapterCh. 26, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 5, ChapterCh. 127, Laws ofL. 1977 |
| AmendedAmd. SectionSec. 5, ChapterCh. 331, Laws ofL. 1977 |
| AmendedAmd. SectionSec. 1, ChapterCh. 443, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 75-6208(6) |
| AmendedAmd. SectionSec. 1, ChapterCh. 226, Laws ofL. 1993 |
| SectionSec. , Montana Code AnnotatedMCA 1991 |
| RedesignatedRedes. by Code Commissioner, 1993 |
| AmendedAmd. SectionSec. 13, ChapterCh. 442, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 14, ChapterCh. 111, Laws ofL. 1999 (HB 118 - Mood, Douglas (R) HD 58) |
| AmendedAmd. SectionSec. 18, ChapterCh. 45, Laws ofL. 2001 (HB 97 - Lewis, Dave (R) HD 55) |