Montana § 19-2-1010 Retaining Qualified Plan Status -- Content Of Plan Document -- Board Rulemaking Authority

Montana Statutes

§ 19-2-1010 — Retaining Qualified Plan Status -- Content Of Plan Document -- Board Rulemaking Authority

Montana § 19-2-1010

Title 19PUBLIC RETIREMENT SYSTEMS

Ch. 2PUBLIC EMPLOYEES' RETIREMENT GENERAL PROVISIONS

Part 10Special Provisions

This text of Montana § 19-2-1010 (Retaining Qualified Plan Status -- Content Of Plan Document -- Board Rulemaking Authority) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 19-2-1010 (2026).

Text

19-2-1010 . Retaining qualified plan status -- content of plan document -- board rulemaking authority.

(1)The board shall administer the plan in the manner required to satisfy the applicable qualification requirements for a qualified governmental plan, as provided in the Internal Revenue Code. If a statutory provision affecting a retirement plan administered by the board conflicts with a qualification requirement in section 401 of the Internal Revenue Code or the retirement plan's status as a governmental plan under section 414(d) of the Internal Revenue Code and with consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements and allow the plan to retain its qualified status.

(2)For the purposes of sec

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19-2-1010 . Retaining qualified plan status -- content of plan document -- board rulemaking authority. (1) The board shall administer the plan in the manner required to satisfy the applicable qualification requirements for a qualified governmental plan, as provided in the Internal Revenue Code. If a statutory provision affecting a retirement plan administered by the board conflicts with a qualification requirement in section 401 of the Internal Revenue Code or the retirement plan's status as a governmental plan under section 414(d) of the Internal Revenue Code and with consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements and allow the plan to retain its qualified status.
(2) For the purposes of section 401(a) of the Internal Revenue Code, the plan document for each retirement system is composed of the applicable provisions of the Montana constitution, this chapter, the applicable chapter in Title 19 governing the system, and applicable rules, policies, and plan documents adopted by the board.
(3) The board may adopt rules to implement this section.