{"data":{"id":"us-mt/19-3-1204","jurisdiction":"us-mt","citation":"19-3-1204","heading":"Survivorship benefit elected by beneficiary.","body":"(1) A designated beneficiary eligible to receive a death payment may instead elect a survivorship benefit by filing a written application with the board, if all of the following conditions are met:\n(a) the deceased member on behalf of whom the death benefit is payable had completed 5 years of membership service;\n(b) the designated beneficiary is a natural person; and\n(c) the designated beneficiary elects the survivorship benefit within 90 days of receipt of notice from the board that the designated beneficiary is eligible to receive the death payment.\n(2) A designated beneficiary of a vested member may, by filing a written application with the board, elect to receive a survivorship benefit in lieu of a death payment.\n(3) (a) If the designated beneficiary is a minor, the custodian designated in 19-2-803 may, on the minor's behalf, file a written application with the board.\n(b) If an application is not filed on the minor's behalf and no payment has been made, the designated beneficiary may file a written application upon reaching the age of majority. For the purposes of this subsection (3)(b), the survivorship benefit provided for in 19-3-1205 must be calculated as if the member had died on the last day of the month before the month in which the application was filed.","path":["TITLE 19. PUBLIC RETIREMENT SYSTEMS","CHAPTER 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM","Part 12. Survivorship Benefits and Death Payments"],"source_url":"https://mca.legmt.gov/bills/mca/title_0190/chapter_0030/part_0120/section_0040/0190-0030-0120-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:48:47Z","sha256":"5c4c0b6cbac4bd84004e52943945266b5f63d5f4fd1dc1cb58e4720048a5a93c","source_id":"us-mt","stale":false,"prev":"us-mt/19-3-1203","next":"us-mt/19-3-1205"},"notice":"GroundRules: Original legal text. Not legal advice."}