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2.43.603    REFUNDS

(1) Any contributing member whose service has been discontinued for any reason other than death or retirement, may elect to withdraw his accumulated contributions provided:

(a) he makes written request on an application provided by the PERD, and

(b) all refund applications must be completed by both the employee and the employer, notarized, and forwarded to the PERD by the employer, and

(c) the contribution and service credit from the report on which the member last appears is credited to his account, and

(d) the member is not returning to covered employment for at least 30 days.

(2) Correctly completed and submitted refund applications will be processed within three weeks after the member's final contributions are credited to his account, including termination payments of sick and annual leave.

(3) The employer portion of the refund application need not be completed if the member's account has been inactive for more than three months.

(4) Additional contributions will be refunded no more than once each 6 months or upon termination.

(5) Request for additional contribution refund must include the notarized signature of the member, but the employer portion need not be completed.

(6) Refunds of total additional contributions must include accrued interest.

(7) No partial refunds of normal contributions or accumulated contributions will be made.

(8) Refund of employer contributions will not be made except where it can be documented, to the division's satisfaction, that an error has been made in the employer contribution paid.

History: Secs. 19-3-304, 19-5-201, 19-6-201, 19-7-201, 19-8-201, 19-9-201, and 19-13-202 MCA; IMP, Secs. 19-3-703, 19­5-403, 19-6-403, 19-7-304, 19-8-503, 19-9-304, 19-9-602 and 19-13-602 MCA; Eff. 12/31/72; AMD, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1990 MAR p. 994A, Eff. 7/1/90.

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