Retirement Options for Elected Officials
State Legislators
As a Montana Legislator, you have the option to participate in a retirement system.
You can begin PERS participation while serving in the Montana Legislature. If you are a retired member of another MPERA-administered retirement system, you can elect to join PERS and continue to receive a benefit from your current system.
You can continue to participate in your current retirement system. If you elect to participate in your current system as a legislator, you are not eligible to retire or receive a lump-sum distribution prior to termination of all retirement system-covered employment, including legislative service.
If you are a retired member of PERS, you can return to active (contributing) PERS participation. If you do return, your retirement benefit will be suspended until you retire again; and eligibility for an additional benefit under § 19-3-1105, MCA depends on your initial retirement date and the amount of additional service you accrued.
You can decline to participate in and contribute to any Title 19 retirement system while serving in the Montana Legislature.
- If you are retired from PERS, you can decline coverage and continue receiving your retirement benefit with no limitation on the number of hours worked or wages earned (§ 19-3-413, MCA).
- If you plan on retiring from PERS-covered employment to draw a retirement benefit during your service as a Legislator, you must decline PERS coverage for your legislative position.
Your election form must be filed with MPERA within 90 days of taking office.
New Legislator Plan Choice
Local Elected Official Options
Questions? Contact MPERA
Local Elected Officials
If you are a newly elected official who is a PERS member, you may elect to participate in PERS for this position. Regular contributions will be deducted from your compensation as a local government elected official.
You may decline participation in PERS for this position if you will work less than 960 hours in a fiscal year. However, if you exceed the 960 hours in this elected position, membership in and contributions to PERS become mandatory. (§ 19-3-412, MCA)
If you elect or later become required to participate in PERS for this position, you must terminate
all PERS-covered employment, including your elected position, to be eligible for retirement benefits.
If you do not file a Local Elected Official Optional Membership form for Current PERS Members, within 90 days of taking office, you waive membership in PERS for this position and will only become a member if you work more than 960 hours in a fiscal year.
If you are a retired PERS member who is elected to a local government position. You can choose to participate in PERS. Your retirement benefit must be terminated for the duration of your elected term of office. You cannot receive PERS retirement benefits while contributing to PERS through this or any other PERS-covered employment. Regular contributions will be deducted from your compensation as a local government elected official. Your benefit will be recalculated to include the additional service upon your subsequent retirement. (§ 19-3-412, MCA)
If you choose to decline participation in PERS, you can continue to receive your PERS retirement benefit. However, once you have declined, you cannot later participate in PERS if reelected to the same position. If you decline participation, your retirement benefit will not be subject to the working retiree limitations. (§§ 19-3-412 and 19-3-1106, MCA)
If you do not file a Local Elected Official Optional Membership form for Retired PERS Members within 90 days of commencing employment in your elected position, you waive PERS membership for this position.
If you are not a member of PERS, participation in PERS is optional if you are elected to a local
government position. If you choose to participate in PERS, regular contributions will be deducted from your compensation as a local government elected official. (§ 19-3-412, MCA)
You cannot participate in PERS if you do not file this election within 90 days of taking office. Further, if you decline participation (or fail to elect to participate within this period), you may not later become a member if reelected to the same position.
Local Elected Official Optional Membership form for non-PERS Members
If you elect to participate in PERS, and you become active in another PERS-covered position, you must terminate all PERS-covered employment, including your elected position, to be eligible for retirement benefits.