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2.43.437    MILITARY SERVICE

(1) Members who meet the requirements of their retirement systems may purchase active and reserve military service. The cost will equal the actuarial rate for the respective system times the member's compensation for the immediately preceding 12 months. Each full month of additional service will cost 1/12 the cost of a full year.

(2) Highway patrol officers who did not elect GABA will pay a different cost for military service, whether active or reserve. The cost will equal the contributions for the year of service the member must complete to purchase the year of military service. For example, a member purchasing the first year of military service would pay an amount equal to the contributions for the member's 16th year of service. To purchase the 2nd, 3rd, and 4th years, the member would pay an amount equal to the contributions for the 17th, 18th, and 19th years of service, respectively. The member must also pay interest forward from the date the member is eligible to purchase the service to when payment is complete. The interest is the rate set by the board for member accounts.

(3) The following requirements pertain to the purchase of membership service and service credit for the member's reserve military service in the armed forces, including the army national guard and the air national guard:

(a) The time spent in reserve military service must be confirmed on appropriate documentation from the proper branch of the armed forces.

(b) The member may not purchase any more reserve military service for a one year period than the amount of reserve military service that, when combined with all other earned or purchased service for that one year period, does not exceed one year of service credit. The reserve military service cannot be purchased if the member has received service credit for the same time period.

(c) The member may purchase reserve military service even if that period of service may be, or is, used to determine the member's right to, or amount of, military service retired pay under federal law, as provided by Title 10, chapter 1223 of the United States Code.

(d) The member may purchase reserve military time prior to separation from service in the reserves.

History: 19-2-403, MCA; IMP, 19-3-503, 19-5-410, 19-6-801, 19-7-803, 19-8-901, 19-9-403, 19-13-403, MCA; NEW, 1991 MAR p. 2216, Eff. 11/15/91; AMD, 1999 MAR p. 1504, Eff. 7/2/99; AMD, 2000 MAR p. 70, Eff. 1/14/00; AMD, 2004 MAR p. 563, Eff. 3/12/04.

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