19-6-803. Election to qualify law enforcement service performed in another state. (1) Except as provided in subsections (3) through (5), a member with 5 years or more of membership service in the retirement system may qualify 1 year of out-of-state law enforcement employment for each year of service credit under the retirement system, up to a maximum of 5 years, provided that the member is not eligible to receive a retirement benefit for that out-of-state law enforcement employment.
     (2) To qualify this service, a member shall:
     (a) at any time before the member's retirement, make a written election with the board to qualify the service; and
     (b) contribute to the pension trust fund the actuarial cost of granting the service in the retirement system, as determined by the board, based on:
     (i) the member's compensation for the 12 months immediately preceding the date of the member's election to cover the service under the retirement system; and
     (ii) the actuarial rate in effect at the time of purchase of service.
     (3) Service qualified under this section may not be used to qualify a member to purchase military service under 19-6-801.
     (4) Service qualified under this section may not be used in calculating a member's retirement benefit unless the last 5 years of service credit were earned under the retirement system. If a member's qualified service may not be used in calculating the member's retirement benefit, the member may choose to receive a refund of the contributions made to qualify the service.
     (5) The combined total service qualified under this section and military service qualified under 19-6-801 may not exceed 5 years.

     History: En. Sec. 1, Ch. 142, L. 1991; amd. Sec. 120, Ch. 265, L. 1993; Sec. , MCA 1991; redes. by Code Commissioner, 1993; amd. Sec. 29, Ch. 58, L. 1999; amd. Sec. 54, Ch. 562, L. 1999.