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- 2025
69th Legislature 2025 SB 316
- 1 - Authorized Print Version – SB 316
ENROLLED BILL
AN ACT REVISING DISABILITY RETIREMENT BENEFIT PROVISIONS FOR THE MUNICIPAL POLICE
OFFICERS' RETIREMENT SYSTEM AND THE FIREFIGHTERS' UNIFIED RETIREMENT SYSTEM;
AMENDING SECTIONS 19-2-406, 19-9-903, AND 19-13-803, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 19-2-406, MCA, is amended to read:
"19-2-406. Disability retirement -- application -- determination -- benefit conversion -- rules. (1)
(a) An active or inactive member may apply for disability retirement in a manner prescribed by the board.
However, an application may also be filed on the member's behalf by the head of the office or department in
which the member is or was last employed, by any other individual, or by the board.
(b) The application must be filed within 4 months after the member's termination from employment
unless the member is disabled continuously from the date of termination from employment to the date of the
application.
(2) The board shall determine whether a member has become disabled. In the discharge of its duty
regarding determinations, the board, any member of the board, or any authorized representative of the board
may order medical examinations, conduct hearings, administer oaths and affirmations, take depositions, certify
to official acts and records, and issue subpoenas to compel the attendance of witnesses and the production of
books, papers, correspondence, memoranda, and other records considered necessary as evidence in
connection with a claim for disability retirement. Subpoenas must be issued and enforced pursuant to 2-4-104
of the Montana Administrative Procedure Act.
(3) The board shall adopt rules requiring employers to identify and explain the essential elements
of a member's position, any accommodations that were or can be made in compliance with the Americans With
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69th Legislature 2025 SB 316
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ENROLLED BILL
Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), and the effectiveness of the accommodations.
(4) The board shall retain medical personnel to advise it in assessing the nature and extent of
disabling conditions while reviewing claims for disability retirement.
(5) The disability retirement benefit paid to a member of the defined benefit plan must be
converted to a service retirement benefit, without recalculation of the monthly benefit amount, when the
member has attained normal retirement age. The board shall notify the member in writing as to the change in
status The disability retirement benefit paid to a member of the defined benefit plans provided for in Title 19,
chapters 9 and 13, remains a disability retirement benefit when the member attains normal retirement age, but
the disability retirement benefit is no longer subject to a medical examination of the member."
Section 2. Section 19-9-903, MCA, is amended to read:
"19-9-903. Amount of disability retirement benefit -- continuation of benefit after death of
member. (1) A member who becomes disabled:
(a) before completing 20 years of membership service must receive a disability retirement benefit
equal to one-half the member's final average compensation; or
(b) after completing 20 years or more of membership service must receive a disability retirement
benefit equal to 2.5% of the member's final average compensation for each year of service credit.
(2) A member who becomes disabled as a direct result of the member's service in the line of duty:
(a) before completing 20 years of membership service must receive a line of duty disability
retirement benefit equal to one-half of the member's final average compensation; or
(b) after completing 20 years or more of membership service must receive a line of duty disability
retirement benefit equal to 2.5% of the member's final average compensation for each year of service credit.
(2)(3) Upon the death of a member receiving a disability retirement benefit under this section, the
member's surviving spouse or dependent child is eligible for benefits as provided in 19-9-804."
Section 3. Section 19-13-803, MCA, is amended to read:
"19-13-803. Amount of disability retirement benefit. (1) A member who becomes disabled:
(a) before completing 20 years of membership service must receive a disability retirement benefit
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69th Legislature 2025 SB 316
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ENROLLED BILL
equal to one-half the member's highest average compensation;
(b) after completing 20 years or more of membership service must receive a disability retirement
benefit equal to 2.5% of the member's highest average compensation for each year of service credit, but no
less than one-half of the member's highest average compensation.
(2) A member who becomes disabled as a direct result of the member's service in the line of duty:
(a) before completing 20 years of membership service must receive a line of duty disability
retirement benefit equal to one-half of the member's highest average compensation; or
(b) after completing 20 years or more of membership service must receive a line of duty disability
retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit
but no less than one-half of the member's highest average compensation.
(2)(3) Upon the death of a member receiving a disability retirement benefit under this section, the
member's surviving spouse or dependent child is eligible for the benefits provided pursuant to 19-13-704(3)."
Section 4. Effective date. [This act] is effective on passage and approval.
Section 5. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109,
to members of the municipal police officers' retirement system and the firefighters' unified retirement system
who become disabled as a direct result of the member's service in the line of duty on or before January 1, 2025.
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I hereby certify that the within bill,
SB 316, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 316
INTRODUCED BY D. ZOLNIKOV
AN ACT REVISING DISABILITY RETIREMENT BENEFIT PROVISIONS FOR THE MUNICIPAL POLICE
OFFICERS' RETIREMENT SYSTEM AND THE FIREFIGHTERS' UNIFIED RETIREMENT SYSTEM;
AMENDING SECTIONS 19-2-406, 19-9-903, AND 19-13-803, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.