The 68th Montana Legislature convened on January 2, 2023, and unexpectedly adjourned on the 87th day, May 2, 2023.  More bills were requested and introduced than in any legislative session since 1973.  Of the 1,698 bills introduced, 21 were retirement-related and closely monitored, supported, or opposed by AMRPE and our lobbyists.  Eight retirement bills, including two related solely to the Teachers’ Retirement System (TRS), were eventually enacted into law.

The table below summarizes the most relevant of the 21 retirement-related bills, excluding those solely impacting TRS.  You may look up these bills and trace their progress through the session at: http://laws.leg.mt.gov/legprd/law0203w$.startup?P_SESS=20231 

Notably, many of the funding bills that AMRPE did or would have supported were eventually wrapped into HB 226 and HB 569. 

• HB 226 underwent many transformations, including a $300 million appropriation from the general fund to PERS; a change in the PERS election default for new hires from the defined benefit to the defined contribution plan; a change in amortization policy from an open 30-year amortization period to a closed multi-layered amortization period; and the creation of a special select committee on public retirement systems. A vastly amended bill was awaiting consideration in both the Senate and House when the legislature adjourned.  PERS received no additional funding. 
• HB 569 was more successful. The Highway Patrol Officers’, Sheriffs’, and Game Wardens’ and Peace Officers’ retirement systems were given $27.6 million, $26.8 million, and $41.2 million respectively from the general fund to amortize each system in 25 years.   The amortization policy for each of those retirement systems and for the Judges’ Retirement System changed from an open 30-year amortization period to a closed multi-layered amortization period.  See the “Closed, Open, Layered Amortization, Oh My!” article in this newsletter for more information.  And finally, new members of the Sheriffs’ and the Highway Patrol Officers’ retirement systems must, in addition to serving 20 years, attain age 50 prior to receiving a retirement benefit.

AMRPE thanks our lobbyists, Brian Thompson and Dave Galt, for their work on our behalf this session.  We also appreciate all our members who reached out to their legislators to voice your concerns regarding legislation of interest.  We couldn’t do it without you.

The AMRPE Legislative Committee and our lobbyists from Browning, Kaleczyc, Berry & Hoven (BKBH) monitored potential bills that affect our membership.

Now that the Legislative session is closed, click on the links below to read about the session.

Session bill breakdown

The 2021 Legislative Session passed House Joint Resolution 8 which requests an interim study of the Montana Public Employee Retirement Systems, including Teacher’s Retirement System, and the development of recommendations for a long-term strategic approach to funding the retirement systems.

House Joint Resolution 8

To find and contact your Legislator click on the link below:

Click here.

The AMRPE Legislative Committee and our lobbyists from Browning, Kaleczyc, Berry & Hoven (BKBH) monitored potential bills that affect our membership.

Now that the Legislative session is closed, click on the links below to read about the session.

Session bill breakdown

In the 2009 legislative session, AMRPE was successful in lobbying the Legislature to pass House Bill 315 which added an inflation index to the pension exemption on Montana income tax.  Prior to this, exemption rates had not been changed since originally enacted in 1991.  The inflation index benefits all retirees living in Montana.

Because of the uncertain economic conditions of both the state and nation in 2011, no favorable retiree legislation was passed.  However, AMRPE lobbying during the 2011 legislative session was successful in preserving public retirees’ current benefits.  We introduced a bill to use coal tax revenue to shore up the PERS Trust Fund, which was used as a basis for the Governor’s HB 434 in the next Legislative Session.

In the 2013 legislative session, AMRPE opposed and helped defeat all efforts to convert the Defined Benefits Plan to a Defined Contribution Plan. We introduced HB 382, which used a portion of coal tax revenues to fund the current PERS Trust Fund.  This concept was used in HB 454, which did pass. We lobbied hard to remove any reduction to the GABA for current retirees in HB 454.

We also lobbied to protect the Montana income tax deduction on pension benefits and to defeat SB 353 which would have substantially changed the makeup of the PERS Board.

The 2019 legislative session was positive for retired public employees in the sense that no action was taken against our retirement benefits. Our legislative lobbyists did an outstanding job of watching bills and helping ensure that no benefits were lost. A study bill (HB 715) was passed which provided for “a financial modernization and risk analysis study.” AMRPE was represented at most meetings of the study group and provided helpful information to the group participants. Ultimately, the study group made no recommendations that would negatively impact retirement benefits.

• AMRPE successfully advocated for pension increases in the 1983, 1985 and 1993 legislative sessions.
• In 1997, the AMRPE Board successfully lobbied for passage of a 1.5% GABA –the first GABA in the history of  PERS.
• In 2001, AMRPE successfully lobbied to increase the GABA to 3% and to provide a onetime increase to those who retired prior to 1982.

Court Final Decision