BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 2.43.2105 pertaining to basic period of service
NOTICE OF AMENDMENT
TO: All Concerned Persons
1. On February 10, 2011, the Public Employees' Retirement Board (PER Board) published MAR Notice No. 2-43-449 pertaining to the proposed amendment of the above-stated rule at page 132 of the 2011 Montana Administrative Register, Issue Number 3.
2. The PER Board has amended the above-stated rule as proposed.
3. The PER Board has thoroughly considered the comment received. A summary of the comment and the PER Board's response are as follows:
COMMENT #1: The Montana Public Employee Retirement Administration (MPERA) received an e-mail from a program manager concerning employees in a work unit with a flexible work schedule. The schedule consists of regular nine-hour shifts and an eight-hour shift every two weeks with every other Friday as a day off. This results in a two-week pay period reflecting a 35-hour and a 45-hour work week. This flexible work schedule may result in employees being five hours short of either 160 hours in a calendar month or 2,080 hours in a calendar year. The program manager questions whether the employees will be treated as part-time employees under the proposed amended rule.
RESPONSE #1: The referenced employees currently receive less than a month's service credit for every month they work under 160 hours. The proposed amendment addresses this situation, resulting in the employees receiving a full month of service credit for calendar months during which they work under 160 hours, provided they work 2,080 hours during the relevant fiscal year (July 1 through June 30). Any employee who works less than 2,080 hours in a fiscal year will continue to have their service credit proportionately reduced.
/s/ Melanie A. Symons /s/ John Nielsen
Melanie A. Symons John Nielsen
Chief Legal Counsel and President
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 April 18, 2011.