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23.15.105    PROPORTIONATE REDUCTION IN CLAIMS PAID

(1) The chairperson of the board of crime control shall appoint a committee composed of three members of the crime victims task force, one of whom must also be a member of the board of crime control, to review, no less than quarterly, payments made by the unit for claims in relation to available funds.

(2) If determined necessary by the committee, funds from the second year of each state fiscal biennium may be requested from the proper authority to offset shortages in available first year funds. There will be no reduction of payments in the first year of the biennium unless the request to transfer second year funds is denied.

(3) If second year funds are used in the first year of a biennium, benefit payments may be reduced in the second year in an amount proportionate to the percentage of funds transferred for use in the first year.

(4) The committee may initiate or change proportionate reductions in payments based on its review of remaining available funds.

(a) Any reduction determined to be necessary will apply to all bills paid by the unit after the initiation of proportionate reductions in payment.

(b) Pursuant to 53-9-108 , MCA, legislative approval is required before retroactive payment of benefits lost through the implementation of proportionate reduction will be allowed.

(5) The intent of this process is to equitably serve as many victims as available funds will allow.

History: Sec. 53-9-104, MCA; IMP, 53-9-108, MCA; NEW, 2001 MAR p. 674, Eff. 4/27/01.

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