2.44.412    NATIONAL GUARD, RESERVISTS, AND VETERANS CALLED TO ACTIVE DUTY

(1) Members of the TRS called to active duty for a period not to exceed five years and reemployed in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 shall be considered continuously employed during their military leave when determining vested interest and eligibility for retirement benefits.

(2) Reemployed National Guard, reservists, and veterans may elect to purchase creditable service for their military leave to be used in the calculation of retirement benefits. The cost to purchase this service shall be equal to the employee contributions that would have been made had they not been called to active duty. Interest accruing on the balance due to purchase active duty service will not be levied during the five years following the date of reemployment. If payment is not completed within five years following reemployment, interest will be assessed as provided under ARM

(3) To qualify for service under this rule, the member called to uniformed service must remain an inactive member of the retirement system during the period of service in the uniformed services by leaving his or her accumulated contributions on deposit.

(4) A member who is making additional contributions under a service purchase contract at the time he or she is called to service in the uniformed services may suspend payments under the contract if they return to employment as required by the Act.

History: 19-4-201, 19-20-201, MCA; IMP, 19-4-801, 19-4-901, 19-4-1001, 19-20-415, 19-20-801, 19-20-901, 19-20-1001, MCA; NEW, 1991 MAR p. 2596, Eff. 12/27/91; AMD, 2008 MAR p. 38, Eff. 12/21/07.