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1 _____________ BILL NO. _____________
2 INTRODUCED BY _________________________________________________
(Primary Sponsor)
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING THE DEPARTMENT OF CORRECTIONS TO
5 REPURPOSE CORRECTIONAL FACILITIES SERVING YOUTH AND ADULT OFFENDERS; REDEFINING
6 TERMS RELATED TO STATE YOUTH CORRECTIONAL FACILITIES AND STATE PRISONS; ALLOWING
7 THE DEPARTMENT OF CORRECTIONS TO HOLD CERTAIN YOUTH AND ADULT OFFENDERS IN THE
8 SAME FACILITY SUBJECT TO CERTAIN CONDITIONS; REVISING LAWS RELATED TO EXCESSIVE
9 CAPACITY FOR CERTAIN CORRECTIONAL FACILITIES THAT HOUSE YOUTH AND THE DEPARTMENT'S
10 DETERMINATION OF ALTERNATIVE PLACEMENTS; REQUIRING THE DEPARTMENT TO PRIORITIZE
11 YOUTH NEEDS WHEN CONSIDERING THE USE OF A FACILITY PREVIOUSLY USED TO HOUSE YOUTH;
12 ELIMINATING A PROHIBITION ON THE DEPARTMENT FOR ABANDONING, MOVING, OR
13 DISCONTINUING A CORRECTIONAL FACILITY OR STATE INSTITUTION; AND AMENDING SECTIONS 19-
14 20-101, 20-4-134, 20-4-502, 20-9-327, 41-5-103, 41-5-106, 41-5-122, 41-5-206, 41-5-208, 41-5-355, 41-5-
15 1416, 41-5-1430, 41-5-1503, 41-5-1504, 41-5-1512, 41-5-1513, 41-5-1522, 41-5-1523, 41-5-2002, 41-5-2005,
16 45-5-214, 45-7-307, 45-8-318, 46-5-112, 46-23-102, 46-23-201, 50-5-101, 50-5-301, 52-2-302, 52-5-101, 52-5-
17 108, 52-5-109, 52-5-110, 52-5-111, 52-5-112, 52-5-113, 52-5-114, 52-5-120, 52-5-121, 52-5-126, 52-5-128, 53-
18 1-104, 53-1-105, 53-1-107, 53-1-109, 53-1-201, 53-1-202, 53-1-203, 53-1-207, 53-30-101, 53-30-102, 53-30-
19 141, AND 53-30-702, MCA.”
20
21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
22
23 Section 1. Section 19-20-101, MCA, is amended to read:
24 "19-20-101. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the
25 following definitions apply:
26 (1) "Accumulated contributions" or "account balance" means the sum of all the amounts deducted
27 from the compensation of a member or paid by a member and credited to the member's individual account in
28 the annuity savings account, together with interest, minus any amount deducted for correction of errors and the
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1 aggregate amount of all retirement benefit payments and refunds of accumulated contributions paid to or on
2 behalf of the member.
3 (2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of the
4 mortality table and interest rate assumption set by the retirement board.
5 (3) "Alternate beneficiary" means an estate or an individual not designated as a beneficiary but that
6 becomes a beneficiary pursuant to 19-20-1005.
7 (4) "Average final compensation" means a member's highest average earned compensation,
8 determined pursuant to 19-20-805, on which all required contributions have been made.
9 (5) "Beneficiary designation" means the process that the retirement system prescribes pursuant to
10 this chapter by which a person authorized by law designates one or more beneficiaries.
11 (6) "Beneficiary designation record" means either the hard copy form or electronic record prescribed
12 by the retirement system and used by a person authorized by law to designate one or more beneficiaries.
13 (7) "Benefit recipient" means a retired member, a joint annuitant, or a beneficiary who is receiving a
14 retirement allowance.
15 (8) "Contingent beneficiary" means a designated beneficiary with the right to receive any benefit or
16 refund of accumulated contributions payable if there is no eligible primary beneficiary.
17 (9) "Creditable service" is that service defined by 19-20-401.
18 (10) "Date of termination" or "termination date" means the last date on which a member performed
19 service in a position reportable to the retirement system.
20 (11) "Designated beneficiary" means one or more primary beneficiaries or contingent beneficiaries
21 designated pursuant to 19-20-1006.
22 (12) (a) "Earned compensation" means, except as limited by subsections (12)(b) and (12)(c) or by 19-
23 20-715, remuneration paid for the service of a member out of funds controlled by an employer before any
24 pretax deductions allowed under the Internal Revenue Code are deducted.
25 (b) Earned compensation does not include:
26 (i) direct employer premium payments on behalf of members for medical, pharmaceutical, disability,
27 life, vision, dental, or any other insurance;
28 (ii) any direct employer payment or reimbursement for:
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1 (A) professional membership dues;
2 (B) maintenance;
3 (C) housing;
4 (D) day care;
5 (E) automobile, travel, lodging, or entertaining expenses; or
6 (F) any similar form of maintenance, allowance, or expenses;
7 (iii) the imputed value of health, life, or disability insurance or any other fringe benefits;
8 (iv) any noncash benefit provided by an employer to or on behalf of a member;
9 (v) termination pay unless included pursuant to 19-20-716;
10 (vi) compensation paid to a member from a plan for the deferral of compensation under section 457(f)
11 of the Internal Revenue Code, 26 U.S.C. 457(f);
12 (vii) payment for sick, annual, or other types of leave paid to a member prior to termination from
13 employment or accrued in excess of that normally allowed;
14 (viii) incentive or bonus payments paid to a member that are not part of a series of annual payments;
15 (ix) a professional stipend paid pursuant to 20-4-134; or
16 (x) any similar payment or reimbursement made to or on behalf of a member by an employer.
17 (c) Adding a direct employer-paid or noncash benefit to an employee's contract or subtracting the
18 same or a similar amount as a pretax deduction is considered a fringe benefit and not earned compensation.
19 (13) "Employer" means:
20 (a) the state of Montana;
21 (b) a public school district, as provided in 20-6-101 and 20-6-701;
22 (c) the office of public instruction;
23 (d) the board of public education;
24 (e) an education cooperative;
25 (f) the Montana school for the deaf and blind, as described in 20-8-101;
26 (g) the Montana youth challenge program, as defined in 10-1-101;
27 (h) a state youth correctional facility, as defined in 41-5-103;
28 (i) the Montana university system;
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1 (j) a community college; or
2 (k) any other agency, political subdivision, or instrumentality of the state that employs a person who is
3 designated a member of the retirement system pursuant to 19-20-302.
4 (14) "Extra duty service" means service in an educational services capacity that is not compensated as
5 part of the normally assigned duties and functions of a school district teacher, administrator, or other employee
6 but is regularly assigned to one or more school district teachers, administrators, or other employees as part of
7 the regular operation of the school district's curricular and extracurricular programs.
8 (15) "Full-time service" means service that is:
9 (a) at least 180 days in a fiscal year;
10 (b) at least 140 hours a month during at least 9 months in a fiscal year; or
11 (c) at least 1,080 hours in a fiscal year under an alternative school calendar adopted by a school
12 board and reported to the office of public instruction as required by 20-1-302. The standard for full-time service
13 for a school district operating under an alternative school calendar must be applied uniformly to all employees
14 of the school district required to be reported to the retirement system.
15 (16) "Individual" means a human being.
16 (17) "Internal Revenue Code" has the meaning provided in 15-30-2101.
17 (18) "Joint annuitant" means the one person that a retired member who has elected an optional
18 allowance under 19-20-702(2), (4), or (5) has designated to receive a retirement allowance upon the death of
19 the retired member.
20 (19) "Member" means a person who has an individual account in the annuity savings account. Unless
21 otherwise specified, "member" refers to a tier one member or a tier two member.
22 (20) "Normal form" or "normal form benefit" means a monthly retirement benefit payable only for the
23 lifetime of the retired member.
24 (21) "Normal retirement age" means an age no earlier than 60 years of age.
25 (22) "Part-time service" means service that is not full-time service. Part-time service must be credited
26 in the proportion that the actual time worked compares to full-time service.
27 (23) "Position reportable to the retirement system" means a position in which an individual performs
28 duties that would entitle the person to active membership in the retirement system under the provisions of 19-
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1 20-302.
2 (24) "Primary beneficiary" means a designated beneficiary with a first right to receive any benefit or
3 refund of accumulated contributions payable upon the death of the individual authorized by law to make the
4 designation.
5 (25) "Regular interest" means interest at a rate set by the retirement board in accordance with 19-20-
6 501(2).
7 (26) "Retired", "retired member", or "retiree" means a person who is considered in retired member
8 status under the provisions of 19-20-810.
9 (27) "Retirement allowance" or "retirement benefit" means a monthly payment due to a retired member
10 who has qualified for service or disability retirement or due to a joint annuitant or beneficiary.
11 (28) "Retirement board" or "board" means the retirement system's governing board provided for in 2-
12 15-1010.
13 (29) "Retirement system", "system", or "plan" means the teachers' retirement system of the state of
14 Montana provided for in 19-20-102.
15 (30) "Service" means the performance of duties that would entitle the person to active membership in
16 the retirement system under the provisions of 19-20-302.
17 (31) "Termination" or "terminate" means that the employment relationship between the member and
18 the member's employer has been terminated as required in 19-20-810.
19 (32) (a) "Termination pay" means any form of bona fide vacation leave, sick leave, severance pay,
20 amounts provided under a window or early retirement incentive plan, or other payments contingent on the
21 employee terminating employment.
22 (b) Termination pay does not include:
23 (i) amounts that are not wages under section 3121 of the Internal Revenue Code, determined without
24 regard to the wage base limitation; and
25 (ii) amounts that are payable to a member from a plan for the deferral of compensation under section
26 457(f) of the Internal Revenue Code, 26 U.S.C. 457(f).
27 (33) "Tier one member" means a person who became a member before July 1, 2013, and who has not
28 withdrawn the member's account balance.
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1 (34) "Tier two member" means a person who became a member on or after July 1, 2013, or who, after
2 withdrawing the member's account balance, became a member again after July 1, 2013.
3 (35) "Vested" means that a member has been credited with at least 5 full years of membership service
4 upon which contributions have been made and has a right to a future retirement benefit.
5 (36) "Written application" or "written election" means a written instrument, required by statute or the
6 rules of the board, properly signed and filed with the board, that contains all the required information, including
7 documentation that the board considers necessary."
8
9 Section 2. Section 20-4-134, MCA, is amended to read:
10 "20-4-134. Professional stipends for teachers certified by national board for professional
11 teaching standards. (1) Pursuant to subsection (5), an annual stipend of up to $1,500 must be provided to
12 each teacher who holds a current certificate from the national board for professional teaching standards if the
13 teacher is:
14 (a) a full-time classroom teacher, librarian, or other full-time employee serving in an assignment
15 covered by national board certification assessment;
16 (b) certified to teach in Montana under the provisions of 20-4-103; and
17 (c) a full-time employee of:
18 (i) a Montana public school district, as defined in 20-6-101;
19 (ii) an education cooperative, as described in 20-7-451;
20 (iii) the Montana school for the deaf and blind, as described in 20-8-101; or
21 (iv) a state youth correctional facility, as defined in 41-5-103.
22 (2) An annual stipend of up to $2,500 must be provided to each teacher who meets the criteria for the
23 stipend in subsection (1) and who has an instructional assignment in a school identified as:
24 (a) a school in a high-poverty area eligible to participate in the community eligibility provision under
25 Public Law 111-296; or
26 (b) an impacted school as defined in 20-4-502.
27 (3) A teacher becomes eligible for the stipend in subsection (1) in the school year beginning July 1
28 after the teacher obtains certification or recertification from the national board for professional teaching
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1 standards.
2 (4) By March 1, the superintendent of public instruction shall distribute stipend payments to any entity
3 listed in subsections (1)(c)(i) through (1)(c)(iv) that employs an eligible teacher.
4 (5) The obligation for funding a portion of the professional stipends is an obligation of the state. This
5 section may not be construed to require a school district to provide its matching portion of a stipend to a
6 qualifying teacher without a payment from the state to the district. If the money appropriated for the stipends is
7 not enough to provide the full amount for each eligible teacher, the superintendent of public instruction shall
8 request the state budget director to submit a request for a supplemental appropriation in the second year of the
9 biennium that is sufficient to complete the funding of the stipends.
10 (6) (a) For a stipend under subsection (1), the state shall pay $500 and another $1 for each $1
11 contributed by the teacher's school district, up to a maximum state contribution of $1,000.
12 (b) For a stipend under subsection (2), the state shall pay $1,000 and another $2 for each $1
13 contributed by the teacher's school district, up to a maximum state contribution of $2,000."
14
15 Section 3. Section 20-4-502, MCA, is amended to read:
16 "20-4-502. Definitions. For purposes of this part, unless the context requires otherwise, the following
17 definitions apply:
18 (1) "Critical quality educator shortage area" means a specific licensure or endorsement area in an
19 impacted school in which:
20 (a) in any of the 3 immediate preceding school fiscal years a position was:
21 (i) filled through the procedures set forth in 19-20-732, 20-4-106(1)(e), or 20-4-111;
22 (ii) filled from a candidate pool of less than five qualified candidates; or
23 (iii) advertised and remained vacant and unfilled due to a lack of qualified candidates for a period in
24 excess of 30 days; or
25 (b) a vacancy for the c