Administrative Rules of the State of Montana

BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD

OF THE STATE OF MONTANA

In the matter of the adoption of NEW RULES I through XIII; the amendment and transfer of ARM 2.43.203 through 2.43.205, 2.43.301 through 2.43.303, 2.43.308 through 2.43.310, 2.43.402 through 2.43.408, 2.43.410, 2.43.418, 2.43.420 through 2.43.424, 2.43.426, 2.43.432, 2.43.433, 2.43.437, 2.43.440, 2.43.451, 2.43.452, 2.43.502 through 2.43.506, 2.43.508 through 2.43.511, 2.43.514, 2.43.515, 2.43.603, 2.43.604, 2.43.607, 2.43.611, 2.43.617, 2.43.801 through 2.43.804, 2.43.905, 2.43.914, 2.43.1002 through 2.43.1004, 2.43.1010 through 2.43.1012, 2.43.1015, 2.43.1017, 2.43.1020, 2.43.1031, 2.43.1032, 2.43.1045, 2.43.1046, 2.43.1101, 2.43.1104, 2.43.1111, 2.43.1112, 2.43.1210 through 2.43.1212, 2.43.1701, 2.43.1703, 2.43.1704, 2.43.1802, 2.43.1803, and 2.43.1810 through 2.43.1812; the repeal of ARM 2.43.409, 2.43.425, 2.43.428 through 2.43.430, 2.43.520, 2.43.605, 2.43.606, 2.43.609, 2.43.610, and 2.43.1030; and the transfer of ARM 2.43.201, 2.43.202, 2.43.304, 2.43.512, 2.43.441, 2.43.442, 2.43.513, 2.43.901, 2.43.902, 2.43.909 through 2.43.911, 2.43.1001, 2.43.1005, 2.43.1023 through 2.43.1025, 2.43.1040, 2.43.1105, 2.43.1108, 2.43.1110, 2.43.1113, 2.43.1115, 2.43.1118, 2.43.1119, 2.43.1702, 2.43.1705, and 2.43.1801, all pertaining to the operation of the retirement systems and plans administered by the Montana Public Employees' Retirement Board

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CORRECTED NOTICE OF AMENDMENT AND TRANSFER

TO: All Concerned Persons

1. On September 11, 2008, the board published MAR Notice No. 2-43-403 regarding a public hearing on the proposed adoption, amendment and transfer, repeal, and transfer of the above-stated rules at page 1852 of the 2008 Montana Administrative Register, Issue Number 17. On November 26, 2008, the Board published notice of the adoption, amendment and transfer, repeal, and transfer of the above-stated rules at page 2467 of the 2008 Montana Administrative Register, Issue Number 22.

2. A purpose of this corrected notice is to resolve an error with respect to the authority citation for ARM 2.43.2101 (transferred from ARM 2.43.405). The Montana Code Annotated citation "19-2-403" under AUTH: is a new authority for this rule and should have been underlined. ARM 2.43.2101, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined:

2.43.2101 MEMBERSHIP (1) through (4) remain as amended.

AUTH: 19-2-403, MCA

IMP: 19-2-303, 19-3-1605, 19-7-711, 19-8-1105, MCA

3. A second purpose for this corrected notice is to address the failure to include the transfer of ARM 2.43.441 and 2.43.442. The board transfers the following rules:

OLD NEW

2.43.441 2.43.2312 PURCHASE OF SERVICE THROUGH DIRECT TRUSTEE-TO-TRUSTEE TRANSFER OF FUNDS

2.43.442 2.43.2314 ELIGIBLE FEDERAL VOLUNTEER SERVICE

4. The final purpose for this corrected notice is to address errors related to the listing of incorrect catchphrases when transferring ARM 2.43.201 to ARM 2.43.1401, ARM 2.43.304 to ARM 2.43.1306, and ARM 2.43.1702 to ARM 2.43.3004. The correct catchphrases are shown as follows:

OLD NEW

2.43.201 2.43.1401 MODEL PROCEDURAL RULES

2.43.304 2.43.1306 ACTUARIAL RATES AND ASSUMPTIONS

2.43.1702 2.43.3004 FAMILY LAW ORDERS FOR THE PERS DEFINED CONTRIBUTION RETIREMENT PLAN

5. The replacement pages for this corrected notice were submitted to the Secretary of State on December 31, 2008.

/s/ Melanie Symons /s/ John Paull

Melanie Symons, Legal Counsel John Paull, President

and Rule Reviewer Public Employees' Retirement Board

/s/ Michael P. Manion

Michael P. Manion, Chief Legal Counsel

and Rule Reviewer

Department of Administration

Certified to the Secretary of State January 20, 2009.