Rule 2.44.528 - Extra Duty Compensation(1) As limited by this rule, extra duty compensation includes payment for extra duty assignments provided it is the standard practice of the employer to: (a) maintain and publish an extra duty schedule that is approved and adopted by the governing body;(b) include extra duty compensation in the member's employment contract; and(c) specifically include the extra duty in the official job description.(2) Employers are required to report such extra duty compensation paid to a member and to withhold employee contributions as provided under 19-20-602, MCA, and submit employer contributions as provided under 19-20-605, MCA.(3) The term does not include: (b) secondary employment; or(c) payments for employment or bonus or additional salary paid to an employee on account of his promise, expressed or implied, to retire on a specified date or within a specified period, or any bonus or additional salary paid to an employee predicated upon his eligibility to retire whether promised or not. (i) Failure to pay a like bonus or additional salary to another employee in like circumstances who has not promised to retire, creates an inference that payment to the first employee was on account of his promise to retire or terminate. Other probative evidence may be presented to explain away this inference.(ii) Unless otherwise limited by a specific statute, such payments may be considered termination pay and may not be reportable as earned compensation to the teachers' retirement system.NEW, 2000 MAR p. 822, Eff. 3/31/00.Sec. 19-20-201 MCA; IMP, Sec. 19-20-602, 19-20-605 and 19-20-715 MCA;