1. (1) A member of PERS who is subject to a PERS Family Law Order pursuant to 19-2-907, MCA, and wishes to elect the DCRP or the Montana University System Retirement Program (MUS-RP), must have the Family Law Order amended to comply with the DCRP or MUS-RP and approved by the board no later than the end of the member's 12-month election period.
2. (2) A member of PERS who is subject to an execution or income-withholding order pursuant to 19-2-909, MCA, and wishes to elect the DCRP or the MUS-RP, must have the execution or income-withholding order amended to comply with the DCRP or the MUS-RP no later than the end of the member's 12-month election period.
3. (3) If the order discussed in (1) or (2) is not properly amended and approved by the close of the member's 12-month election period, MPERA will not confirm the member's election. The member will remain a participant of the DBRP.

Authorizing statute(s): 19-2-403, 19-3-2104, MCA

Implementing statute(s): 19-2-907, 19-2-909, 19-3-2111, MCA

History: NEW, 2002 MAR p. 1884, Eff. 7/12/02; AMD & TRANS, from ARM 2.43.1017, 2008 MAR p. 2467, Eff. 12/1/08; AMD, 2013 MAR p. 2237, Eff. 11/28/13.