Montana § 19-6-801 Application To Purchase Military Service

Montana Statutes

§ 19-6-801 — Application To Purchase Military Service

Montana § 19-6-801

Title 19PUBLIC RETIREMENT SYSTEMS

Ch. 6HIGHWAY PATROL OFFICERS' RETIREMENT

Part 8Service Credit

This text of Montana § 19-6-801 (Application To Purchase Military Service) 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. § 19-6-801 (2026).

Text

19-6-801 . Application to purchase military service.

(1)(a) Except as provided in subsection (1)(b) and subject to 19-6-805 , an eligible member may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active service in the armed forces of the United States.

(b)A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .

(2)(a) Except as provided in subsection (3) and subject to subsection (2)(b) and 19-6-805 , a member may, at any time prior to retirement, file a written application with the board to purchase service credit and membershi

Free access — add to your briefcase to read the full text and ask questions with AI

19-6-801 . Application to purchase military service. (1) (a) Except as provided in subsection (1)(b) and subject to 19-6-805 , an eligible member may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's active service in the armed forces of the United States.
(b) A member is not eligible to purchase active military service credit and membership service under subsection (1)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .
(2) (a) Except as provided in subsection (3) and subject to subsection (2)(b) and 19-6-805 , a member may, at any time prior to retirement, file a written application with the board to purchase service credit and membership service for up to 5 years of the member's reserve military service in the armed forces of the United States.
(b) A member must have at least the following years of membership service to apply to purchase service credit under subsection (2)(a):
(i) for a member hired before July 1, 2013, 5 years; and
(ii) for a member hired on or after July 1, 2013, 10 years.
(3) A member is not eligible to purchase reserve military service credit and membership service under subsection (2)(a) if the member is eligible to receive credit in the system for that service under 19-2-707 .
(4) To purchase service credit and membership service under this section:
(a) a member with at least 15 years of service credit who is not covered by 19-6-710 shall contribute the amount determined by the board to be due based on the member's compensation and regular contribution rate in the member's 16th year for the 1st year purchased and, for each subsequent year purchased, an amount based on the member's compensation and contribution rate in each of as many years succeeding the member's 16th year as are required to complete the purchase, with regular interest from the date the member becomes eligible for this benefit to the date the purchase is complete. The combined total of active and reserve military service credit and membership service that a member may purchase may be no more than the member's service credit in excess of 15 years or 5 years, whichever is less.
(b) (i) a member with at least 5 years of membership service who is covered by 19-6-710 shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation;
(ii) a member with at least 10 years of membership service who is covered by 19-6-712 shall pay the actuarial cost of the member's active or reserve military service credit based on the system's most recent actuarial valuation.

Legislative History

En. Sec. 23, Ch. 37, L. 1945; amd. Sec. 13, Ch. 243, L. 1955; amd. Sec. 11, Ch. 326, L. 1974; amd. Sec. 6, Ch. 361, L. 1974; amd. Sec. 8, Ch. 65, L. 1977; R.C.M. 1947, 31-223(2); amd. Sec. 118, Ch. 265, L. 1993; Sec. 19-6-304, MCA 1991; redes. 19-6-801 by Code Commissioner, 1993; amd. Sec. 22, Ch. 287, L. 1997; amd. Sec. 28, Ch. 58, L. 1999; amd. Sec. 52, Ch. 562, L. 1999; amd. Sec. 61, Ch. 99, L. 2001; amd. Sec. 2, Ch. 26, L. 2003; amd. Sec. 2, Ch. 289, L. 2003; amd. Secs. 66, 122(2), Ch. 429, L. 2003; amd. Sec. 12, Ch. 272, L. 2013; amd. Sec. 10, Ch. 172, L. 2021.