Montana Code Annotated

Mont. Code Ann. § 19-8-601 (2026)

Time Of Retirement

✓ current as of May 2026
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TITLE 19. PUBLIC RETIREMENT SYSTEMS

CHAPTER 8. GAME WARDENS' AND PEACE OFFICERS' RETIREMENT

Part 6. Service Retirement Benefits

Time Of Retirement

19-8-601. Time of retirement. (1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, the following members are eligible to receive a nonforfeitable service retirement benefit under 19-8-603:

(a) a member who has terminated service, completed at least 20 years of membership service, reached 50 years of age, and files a written application with the board; or

(b) a vested member who terminated service before completing 20 years of membership service and applies to begin receiving a service retirement benefit upon reaching 55 years of age.

(2) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411, a member described in subsection (1)(a) is treated as having attained normal retirement age and has a nonforfeitable right to the member's service retirement.

History: En. Sec. 11, Ch. 130, L. 1963; R.C.M. 1947, 68-1411; amd. Sec. 3, Ch. 592, L. 1981; amd. Sec. 4, Ch. 53, L. 1983; amd. Sec. 3, Ch. 86, L. 1985; amd. Sec. 1, Ch. 249, L. 1985; amd. Sec. 13, Ch. 196, L. 1989; amd. Sec. 167, Ch. 265, L. 1993; amd. Sec. 29, Ch. 370, L. 1997; amd. Sec. 89, Ch. 99, L. 2001; amd. Sec. 33, Ch. 99, L. 2011; amd. Sec. 10, Ch. 240, L. 2013; amd. Sec. 21, Ch. 477, L. 2025.

Notes of Decisions
Cited in 3 cases, 1981–1998 · leading case: Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983).
Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983). · cites it 6× “Pursuant to section 19-8-601(2), MCA, of the Game Wardens Retirement Act, he was compulsorily retired.”
Ross v. City of Great Falls, 1998 MT 276 (Mont. 1998). · cites it 2× “In Taylor , we came to a similar conclusion regarding § 19-8-601(2), MCA (1979), which required game wardens to retire at the age of 60.”
Taylor v. Dep't of Fish & Game of State of Montana, 523 F. Supp. 514 (D. Mont. 1981). “A state game warden was retired under MCA § 19-8-601(2) (1979), which mandates retirement at age 60 regardless of physical condition.”
Mont. Code Ann. § 19-8-601(2): 3 cases
Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983). “Pursuant to section 19-8-601(2), MCA, of the Game Wardens Retirement Act, he was compulsorily retired.”
Ross v. City of Great Falls, 1998 MT 276 (Mont. 1998). “In Taylor , we came to a similar conclusion regarding § 19-8-601(2), MCA (1979), which required game wardens to retire at the age of 60.”
Taylor v. Dep't of Fish & Game of State of Montana, 523 F. Supp. 514 (D. Mont. 1981). “A state game warden was retired under MCA § 19-8-601(2) (1979), which mandates retirement at age 60 regardless of physical condition.”
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