Montana Code Annotated 1995

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     19-13-803. Amount of disability retirement benefit. (1) A member hired before July 1, 1981, who becomes disabled:
     (a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's last monthly compensation;
     (b) after completing 20 years or more of membership service must receive the disability retirement benefit provided in subsection (1)(a) increased at a rate of 2% of the member's last monthly compensation for each year of service credit in excess of 20.
     (2) A member hired on or after July 1, 1981, who becomes disabled:
     (a) before completing 25 years of membership service must receive a disability retirement benefit equal to one-half the member's last monthly compensation;
     (b) after completing 25 years or more of membership service must receive the disability retirement benefit provided in subsection (2)(a) increased at a rate of 2% of the member's last monthly compensation for each year of service credit in excess of 25.
     (3) A member's disability retirement benefit must be paid first to the member during the member's lifetime and, upon the member's death, to the member's surviving spouse. If upon a member's death the member leaves no surviving spouse or upon the death of the surviving spouse, the member's benefit must be paid to the member's dependent children as long as they remain dependent children as defined in 19-13-104.

     History: En. Sec. 40, Ch. 566, L. 1981; amd. Sec. 2, Ch. 617, L. 1991; amd. Sec. 225, Ch. 265, L. 1993; amd. Sec. 6, Ch. 541, L. 1995.

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