Mont. Code Ann. » TITLE 19. PUBLIC RETIREMENT SYSTEMS · CHAPTER 6. HIGHWAY PATROL OFFICERS' RETIREMENT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 19-6-101 (2026)

Definitions

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  1. MCA Contents
  2. TITLE 19
  3. CHAPTER 6
  4. Part 1
  5. 19-6-101 Definitions

TITLE 19. PUBLIC RETIREMENT SYSTEMS

CHAPTER 6. HIGHWAY PATROL OFFICERS' RETIREMENT

Part 1. General Provisions

Definitions

19-6-101. Definitions. Unless the context requires otherwise, the following definitions apply in this chapter:

(1) (a) "Compensation" means remuneration paid from funds controlled by an employer in payment for the member's services or for time during which the member is excused from work because the member has taken compensatory leave, sick leave, annual leave, or a leave of absence before any pretax deductions allowed by state or federal law are made.

(b) Compensation does not include:

(i) per diems, maintenance, allowances, and expenses; or

(ii) bonuses provided after July 1, 2013, that are one-time or temporary payments in addition to and not considered part of base pay.

(2) "Dependent child" means an unmarried child of a deceased retired member, who is:

(a) under 18 years of age; or

(b) under 24 years of age and attending an accredited secondary or postsecondary educational institution as a full-time student in anticipation of receiving a certificate or degree.

(3) (a) "Highest average compensation" means a member's highest average monthly compensation during any 36 consecutive months of membership service or, in the event a member has not served at least 36 months, the total compensation earned divided by the number of months of service.

(b) Lump-sum payments for compensatory leave, sick leave, and annual leave paid to the member upon termination of employment may be used in the calculation of a retirement benefit only to the extent that they are used to replace, on a month-for-month basis, the normal compensation for a month or months included in the calculation of the highest average compensation. A lump-sum payment may not be added to a single month's compensation.

(c) Excess earnings limits must be applied to the calculation of the highest average compensation pursuant to 19-2-1005(2).

(4) "Surviving spouse" means the spouse married to a retired member at the time of the retired member's death.

(5) "Survivor" means a surviving spouse or dependent child of a member.

History: En. Sec. 1, Ch. 37, L. 1945; amd. Sec. 1, Ch. 243, L. 1955; amd. Sec. 201, Ch. 147, L. 1963; amd. Sec. 5, Ch. 326, L. 1974; amd. Sec. 1, Ch. 361, L. 1974; amd. Sec. 1, Ch. 65, L. 1977; amd. Sec. 1, Ch. 332, L. 1977; R.C.M. 1947, 31-201; amd. Secs. 6, 7, Ch. 114, L. 1979; amd. Sec. 1, Ch. 206, L. 1981; amd. Sec. 6, Ch. 282, L. 1983; amd. Sec. 1, Ch. 86, L. 1985; amd. Sec. 1, Ch. 278, L. 1985; amd. Sec. 4, Ch. 45, L. 1987; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 112, Ch. 265, L. 1993; amd. Sec. 12, Ch. 640, L. 1993; amd. Sec. 27, Ch. 58, L. 1999; amd. Sec. 52, Ch. 99, L. 2001; amd. Sec. 7, Ch. 149, L. 2001; amd. Sec. 60, Ch. 429, L. 2003; amd. Sec. 5, Ch. 386, L. 2013; amd. Sec. 17, Ch. 195, L. 2017; amd. Sec. 1, Ch. 152, L. 2025; amd. Sec. 17, Ch. 477, L. 2025.

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: State ex rel. Neuhausen v. Nachtsheim, 833 P.2d 201 (Mont. 1992).
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State ex rel. Neuhausen v. Nachtsheim, 833 P.2d 201 (Mont. 1992). · cites it 20× “As a result of the dissolution decree, the respondent is not, and never can be, a surviving spouse beneficiary of HPRS member Martin Neuhausen as defined in § 19-6-101(15), MCA. Under these facts, the diversion of the HPRS assets to the respondent in the manner directed by the…”
Mont. Code Ann. § 19-6-101(15): 1 case
State ex rel. Neuhausen v. Nachtsheim, 833 P.2d 201 (Mont. 1992). “As a result of the dissolution decree, the respondent is not, and never can be, a surviving spouse beneficiary of HPRS member Martin Neuhausen as defined in § 19-6-101(15), MCA. Under these facts, the diversion of the HPRS assets to the respondent in the manner directed by the…”
Mont. Code Ann. § 19-6-101(4): 1 case
State ex rel. Neuhausen v. Nachtsheim, 833 P.2d 201 (Mont. 1992). “As a result of the dissolution decree, the respondent is not, and never can be, a surviving spouse beneficiary of HPRS member Martin Neuhausen as defined in § 19-6-101(15), MCA. Under these facts, the diversion of the HPRS assets to the respondent in the manner directed by the…”
Mont. Code Ann. § 19-6-101(9): 1 case
State ex rel. Neuhausen v. Nachtsheim, 833 P.2d 201 (Mont. 1992). “As a result of the dissolution decree, the respondent is not, and never can be, a surviving spouse beneficiary of HPRS member Martin Neuhausen as defined in § 19-6-101(15), MCA. Under these facts, the diversion of the HPRS assets to the respondent in the manner directed by the…”
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