(1) A member of the PERS who is subject to a Family Law Order pursuant to 19-2-907 , MCA, and wishes to elect the Defined Contribution Retirement Plan (DCRP) or the Montana University System's Optional Retirement Program (ORP), must have the Family Law Order amended to comply with the DCRP or ORP and approved by the board no later than the end of the member's 12-month election window.

(2) A member of the PERS who is subject to an execution or income-withholding order pursuant to 19-2-909 , MCA, and wishes to elect the DCRP or the ORP, must have the execution or income-withholding order amended to comply with the DCRP or the ORP no later than the end of the member's 12-month election window.

(3) If the order discussed in (1) or (2) is not properly amended and approved by the close of the member's 12-month election window, MPERA will not confirm the member's election. The member will remain a participant of the Defined Benefit Retirement Plan.