BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 2.43.1801 [ARM 2.43.5101 effective December 1, 2008, pursuant to MAR Notice No. 2-43-403] pertaining to the adoption by reference of the State of Montana Public Employee Deferred Compensation Plan Document, January 1, 2008, edition
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On January 30, 2009, the Montana Public Employees' Retirement Board proposes to amend the above-stated rule.
2. The Public Employees' Retirement Board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Montana Public Employees' Retirement Board no later than 5:00 p.m. on December 15, 2008, to advise us of the nature of the accommodation that you need. Please contact Melanie Symons, Montana Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana, 59620-0131; telephone (406) 444-9174; fax (406) 444-5428; TDD (406) 444-1421; or e-mail firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
2.43.1801 [2.43.5101] ADOPTION OF DEFERRED COMPENSATION PLAN DOCUMENT AND TRUST AGREEMENT (1) The board adopts and incorporates by reference the State of Montana Public Employee Deferred Compensation Plan Document (
August 1, 2005 January 1, 2008, edition), that was approved by the board on July 28, 2005 August 14, 2008, and September 11, 2008, and Trust Agreement (January 1, 2002, edition), that was approved by the board on February 22, 2001, and September 28, 2001.
(2) Copies of the Deferred Compensation Plan Document, Trust Agreement, and related materials may be obtained from the MPERA, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, MT 59620-0131, phone 1(877)275-7372, e-mail email@example.com, and are available on MPERA's web site at www.mpera.mt.gov.
AUTH: 19-50-102, MCA
IMP: 19-50-102, MCA
STATEMENT OF REASONABLE NECESSITY: The Pension Protection Act of 2006 and other recent congressional enactments, including the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), require changes to the State of Montana Public Employee Deferred Compensation Plan Document (457 Plan Document). The revised 457 Plan Document is being submitted to the Internal Revenue Service for a Private Letter Ruling in November 2008. If any portion of the document is not acceptable to the IRS, a revised 457 Plan Document will be adopted by the board and referenced in an amended version of this rule. The State of Montana Public Employee Deferred Compensation Plan is not a qualified plan. Therefore, the board sees no reason to reference private letter ruling dates within this rule.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Roxanne M. Minnehan, Montana Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana, 59620-0131; fax (406) 444-5428; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., December 31, 2008.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Roxanne M. Minnehan at the above address no later than 5:00 p.m., December 31, 2008.
6. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 833 persons based on 8334 participants in the Deferred Compensation Plan as of October 1, 2008.
7. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph #4 above or may be made by completing a request form at any rules hearing held by the board.
8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.
/s/ Melanie A. Symons /s/ John Paull
Melanie A. Symons John Paull
Legal Counsel and President
Rule Reviewer Montana Public Employees' Retirement Board
/s/ Michael P. Manion
Michael P. Manion
Chief Legal Counsel and
Certified to the Secretary of State November 17, 2008.