5-2-304. Continued participation in public retirement systems. (1) The purpose of this section is to provide a means whereby persons serving in the Montana legislature may continue their participation in public retirement systems governed by state law. This section is not intended to provide duplicate credit for the same service in two retirement systems supported wholly or in part by public funds. This section does not affect contribution rates or benefit payments specifically provided for in the laws governing the operation of individual retirement systems.
     (2) A person who is engaged in official duties as a member of the Montana legislature and who is otherwise eligible to participate as a member or contributor of a public retirement system governed by state law may but is not required to continue his participation in such public retirement system while engaged in his official duties as a legislator.
     (3) A legislator who elects to continue participation as provided in subsection (2) shall:
     (a) continue his payments into the fund of the retirement system at the rate currently in effect in such system based on his monthly salary as a member of that system; or
     (b) continue his payments into the fund of the retirement system at the rate currently in effect in such system based on his monthly salary as a legislator.
     (4) The state contribution shall be by legislative appropriation. It shall equal the appropriate employer contribution at the rate currently in effect in the system.

     History: En. 43-310.2 by Sec. 1, Ch. 333, L. 1977; R.C.M. 1947, 43-310.2.