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Montana Administrative Register Notice 34-6 No. 16   08/23/2007    
    Page No.: 1154 -- 1156
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BEFORE THE

OF THE STATE OF MONTANA

 

In the matter of the of 34.7.102 eligibility, 34.7.103 limitations on reimbursement, 34.7.104 application for reimbursement, 34.7.105 termination date; further appropriation required, pertaining to military life insurance reimbursement, and the repeal of ARM 34.7.106 termination date; United States assumes payment of premiums or increases death gratuity, pertaining to military life insurance reimbursement
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NOTICE OF PROPOSED
 
NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On 22, 20, the proposes to the above-stated .

 

2. The will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than :00 .m., 10, 2007, to advise us of the nature of the accommodation that you need. Please contact Karen Revious, Administrator, Centralized Services, , ATTN: Centralized Services, P.O. Box 4789, 1900 Williams Street, Fort Harrison, Montana 59636-4789; telephone (406) 324-3330; fax (406) 324-3335; or e-mail krevious@mt.gov.

 

3. The as proposed to be amended as follows, new matter underlined, deleted matter interlined:

 

34.7.102 ELIGIBILITY (1) A service member who served on active duty in a contingency operation after May 6, 2005 February 28, 2006, is eligible for reimbursement of SGLI premiums paid under the service members' group life insurance program described at 38 USC 1965 through 1980.

 

AUTH: 10-1-1104, MCA

IMP: 10-1-1104, MCA

 

34.7.103 LIMITATIONS ON REIMBURSEMENT (1) The amount of paid premiums to be reimbursed may not exceed $16.2517.50 per month for each month the service member was on active duty in a contingency operation after May 6, 2005 February 28, 2006.

(2) remains the same.

 

AUTH: 10-1-1104, MCA

IMP: 10-1-1104, MCA

 

34.7.104 APPLICATION FOR REIMBURSEMENT (1) remains the same.

(2) A service member must submit DMAMT form DMA 10-1 within six 12 months of demobilization from active duty service in a contingency operation or from the date that these administrative rules become effective, whichever is later, to receive reimbursement.

 

AUTH: 10-1-1104, MCA

IMP: 10-1-1104, MCA

 

34.7.105 TERMINATION DATE; FURTHER APPROPRIATION REQUIRED

(1) ARM 34.7.101 through 34.7.106 terminate June 30, 2008 2009, unless further appropriation is made by the Montana Legislature for continuance of the reimbursement program.

 

AUTH: 10-1-1104, MCA

IMP: 10-1-1104, MCA

 

4. The department proposes to repeal the following :

 

34.7.106 TERMINATION DATE; UNITED STATES ASSUMES PAYMENT OF PREMIUMS OR INCREASES DEATH GRATUITY found at page 34-1106 of the Administrative Rules of Montana.

 

AUTH: 10-1-1104, MCA

IMP: 10-1-1104, MCA

 

REASON: House Bill 155, passed during the 60th legislative session, amended 10-1-1104, MCA. The above-stated amendments and repeal are necessary to update the rules in accordance with the new law.

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed s in writing to: Karen Revious, Administrator, Centralized Services, , ATTN: Centralized Services, P.O. Box 4789, 1900 Williams Street, Fort Harrison, Montana 59636-4789; telephone (406) 324-3330; fax (406) 324-3335; or e-mail krevious@mt.gov, and must be received no later than 5:00 p.m., September 20, 20.

 

6. If persons who are directly affected by the proposed wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Karen Revious at the above address no later than 5:00 p.m., September 20, 20.

 

7. If the agency receives requests for a public hearing on the proposed from either 10% or 25, whichever is less, of the persons directly affected by the proposed ; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 425 based on the number of people eligible for the insurance.

 

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

9. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was notified by regular mail on August 13, 2007.

 

/s/ Karen Revious                                                            /s/ Randall D. Mosley

Karen Revious                                                                 Randall D. Mosley

Rule Reviewer                                                                  The Adjutant General

                                                                                           Department of Military Affairs

 

Certified to the Secretary of State August 13, 2007.

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