Montana § 19-2-1007 Required Distributions

Montana Statutes

§ 19-2-1007 — Required Distributions

Montana·Title 19 PUBLIC RETIREMENT SYSTEMS·Ch. 2 PUBLIC EMPLOYEES' RETIREMENT GENERAL PROVISIONS·Part 10 Special Provisions

19-2-1007 . Required distributions. The benefits payable by a retirement system or plan subject to this chapter are subject to the requirements of section 401(a)(9) of the Internal Revenue Code as follows:

(1)(a) Benefits must begin by April 1 of the calendar year following the later of:

(i)the calendar year in which the member reaches:

(A)70 1/2 years of age if the member was born before July 1, 1949;

(B)72 years of age if the member was born after June 30, 1949;

(C)73 years of age if the member was born after December 31, 1950, and turns 73 before 2033; or

(D)75 years of age if the member turns 74 after 2032; or

(ii)the calendar year following the calendar year in which the member terminates employment.

(b)If a member fails to apply for retirement benefits by April 1 of the year

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19-2-1007 . Required distributions. The benefits payable by a retirement system or plan subject to this chapter are subject to the requirements of section 401(a)(9) of the Internal Revenue Code as follows:
(1) (a) Benefits must begin by April 1 of the calendar year following the later of:
(i) the calendar year in which the member reaches:
(A) 70 1/2 years of age if the member was born before July 1, 1949;
(B) 72 years of age if the member was born after June 30, 1949;
(C) 73 years of age if the member was born after December 31, 1950, and turns 73 before 2033; or
(D) 75 years of age if the member turns 74 after 2032; or
(ii) the calendar year following the calendar year in which the member terminates employment.
(b) If a member fails to apply for retirement benefits by April 1 of the year following the calendar year in which benefits must begin under subsection (1)(a), the board shall begin distribution of the benefits as required by the retirement system or plan to which the member belongs or, subject to subsection (2), as an option 4 benefit in chapters 3, 5, 7, and 8 of this title.
(2) The member's entire interest in a retirement system or plan must be distributed over the life of the member or the lives of the member and a designated beneficiary or over a period not extending beyond the life expectancy of the member or the life expectancy of the member and a designated beneficiary.
(3) The life expectancy of a member or the member's beneficiary may not be recalculated after payment of the benefits has begun.
(4) Death benefits must be distributed in accordance with section 401(a)(9) of the Internal Revenue Code and the regulations implementing that section.
(5) The benefits payable must meet the minimum distribution incidental benefit requirements of section 401(a)(9)(G) of the Internal Revenue Code.

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Legislative History

En. Sec. 41, Ch. 265, L. 1993; amd. Sec. 16, Ch. 58, L. 1999; amd. Sec. 28, Ch. 471, L. 1999; amd. Sec. 12, Ch. 490, L. 2001; amd. Sec. 3, Ch. 172, L. 2021; amd. Sec. 9, Ch. 477, L. 2025.