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2.43.1010    ELECTION PERIOD

(1) Active PERS members generally have 12 calendar months to complete the retirement plan choice election form provided by the board and file the election form with the MPERA.

(2) Specific categories of PERS members and their election periods are:

(a) A PERS member who is active both on and before July 1, 2002 must file an election by June 30, 2003.

(b) Any PERS member, including seasonal, temporary, or part-time employees, who is active both on and before July 1, 2002 and subsequently becomes inactive any time before June 30, 2003, must file an election by June 30, 2003. Members will not have a new election period by virtue of returning to active employment at a later date.

(c) A PERS member newly hired or rehired on or after July 1, 2002 must file an election within 12 calendar months from the initial date of hire or rehire as reported by the reporting agency.

(d) Any PERS member newly hired or rehired on or after July 1, 2002, including seasonal, temporary or part-time employees, who subsequently becomes inactive must file an election within 12 calendar months from the initial date of hire or rehire. Members will not have a new election period by virtue of returning to active employment at a later date.

(e) Any PERS member whose membership has not been properly reported to the MPERA will have 12 calendar months from the date the member is properly reported to file an election. An election to transfer to the PERS Defined Contribution Retirement Plan or the Montana University System Optional Retirement program will be effective upon confirmation by the MPERA pursuant to ARM 2.43.1012 and will not be retroactive.

(f) Employees of any municipal corporation, county or public agency in the state which becomes a contracting employer with the PERS as provided under 19-3-201 , MCA will have 12 calendar months from the date the new contracting employer's resolution is signed and approved by the board to file an election.

History: 19-2-403, 19-3-2104, MCA; IMP, 19-3-2104, 19-3-2111, MCA; NEW, 2002 MAR p. 1884, Eff. 7/12/02.

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