Rule 2.21.1937 - ELIGIBILITY(1) A group may be formed by: (a) employees in an office, department, board, commission, attached agency, county, incorporated city or town, school district, unit of the university system, and the judicial and legislative branches of state government;(b) employees in an organizational subdivision of an employer, such as a division, bureau, work unit, institution, etc.; (c) employees in a bargaining unit; or (d) other groups of employees defined by an employer that are not designed to provide individual decision-making regarding participation. (2) A group may consist of employees who are: (a) all currently eligible to retire; (b) all currently ineligible to retire; or (c) a mix of those eligible and ineligible to retire. (3) No group may be formed with fewer than five employees.(4) No group may be formed to benefit a select group of the highest paid employees. "Highest paid" means an annual compensation in the top 25% of employees ranked on the basis of total compensation paid during the year. (5) Members in a group must be: (a) eligible for sick leave;(b) eligible for benefits with the employer; (c) receiving an employer contribution for group benefits under 2-18-703, MCA, or other employer contribution to benefits; and(d) active in the employer's retirement system . (6) When a group is formed: (a) members may not opt out of the group;(b) current employees of the same employer not already in the group may not opt into the group; (c) a participant may return to work but does not become a new member of a group unless hired into a job position eligible for the Montana VEBA HRA and meets all requirements in (5); and (d) if an employee's circumstances change such that the employee becomes eligible to be a member of an existing group, the employee automatically becomes a member of this group.Mont. Admin. r. 2.21.1937
NEW, 2005 MAR p. 911, Eff. 4/29/05; AMD, 2013 MAR p. 1083, Eff. 6/21/13; AMD,2019 MAR p. 2011, Eff.11/9/2019AUTH: 2-18-1305, MCA; IMP: 2-18-1310, MCA