FAMILY LAW ORDERS, EXECUTIONS, AND INCOME-WITHHOLDING ORDERS AND ELECTIONS

Administrative Rules of Montana (ARM)

Section: 2.43.3517

Jurisdiction: MT

Bluebook Citation: Mont. Admin. R. 2.43.3517

(1) A member of PERS who is subject to a PERS Family Law Order pursuant to 19-2-907 , MCA, and wishes to elect the DCRP or the Montana University System Retirement Program (MUS-RP), must have the Family Law Order amended to comply with the DCRP or MUS-RP and approved by the board no later than the end of the member's 12-month election period. (2) A member of PERS who is subject to an execution or income-withholding order pursuant to 19-2-909 , MCA, and wishes to elect the DCRP or the MUS-RP, must have the execution or income-withholding order amended to comply with the DCRP or the MUS-RP no later than the end of the member's 12-month election period. (3) If the order discussed in (1) or (2) is not properly amended and approved by the close of the member's 12-month election period, MPERA will not confirm the member's election. The member will remain a participant of the DBRP. Authorizing statute(s): 19-2-403 , 19-3-2104 , MCA Implementing statute(s): 19-2-907 , 19-2-909 , 19-3-2111 , MCA History: NEW, 2002 MAR p. 1884, Eff. 7/12/02; AMD & TRANS, from ARM 2.43.1017 , 2008 MAR p. 2467, Eff. 12/1/08; AMD, 2013 MAR p. 2237, Eff. 11/28/13.

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