Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 18. STATE EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 2-18-103 (2026)

Officers And Employees Excepted

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 18
  4. Part 1
  5. 2-18-103 Officers and employees excepted

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 18. STATE EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS

Part 1. General Provisions

Officers And Employees Excepted

2-18-103. Officers and employees excepted. Parts 1 through 3 and 10 do not apply to the following officers and employees in state government:

(1) elected officials;

(2) county assessors and their chief deputies;

(3) employees of the office of consumer counsel;

(4) judges and employees of the judicial branch;

(5) members of boards and commissions appointed by the governor, the legislature, or other elected state officials;

(6) officers or members of the militia;

(7) agency heads appointed by the governor;

(8) academic and professional administrative personnel with individual contracts under the authority of the board of regents of higher education;

(9) academic and professional administrative personnel and live-in houseparents who have entered into individual contracts with the state school for the deaf and blind under the authority of the state board of public education;

(10) investment officer, assistant investment officer, executive director, and eight professional staff positions of the board of investments;

(11) four professional staff positions under the board of oil and gas conservation;

(12) director of the Montana state lottery and assistant director for security of the Montana state lottery;

(13) executive director and employees of the state compensation insurance fund;

(14) state racing stewards employed by the executive secretary of the Montana board of horseracing;

(15) executive director of the Montana wheat and barley committee;

(16) commissioner of banking and financial institutions;

(17) training coordinator for county attorneys;

(18) employees of an entity of the legislative branch consolidated, as provided in 5-2-504;

(19) chief information officer in the department of administration;

(20) chief economic development officer and six professional staff positions in the office of economic development provided for in 2-15-218; and

(21) the director of the office of state public defender provided for in 2-15-1029.

History: En. Sec. 2, Ch. 440, L. 1973; amd. Sec. 1, Ch. 256, L. 1974; amd. Sec. 1, Ch. 391, L. 1975; amd. Sec. 2, Ch. 488, L. 1977; amd. Sec. 1, Ch. 565, L. 1977; R.C.M. 1947, 59-904; amd. Sec. 2, Ch. 365, L. 1979; amd. Sec. 2, Ch. 412, L. 1979; amd. Sec. 2, Ch. 512, L. 1979; amd. Sec. 1, Ch. 176, L. 1983; amd. Sec. 11, Ch. 161, L. 1987; amd. Sec. 17, Ch. 581, L. 1987; amd. Sec. 21, Ch. 316, L. 1989; amd. Sec. 39, Ch. 613, L. 1989; amd. Sec. 2, Ch. 660, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 2, Ch. 447, L. 1991; amd. Sec. 2, Ch. 507, L. 1991; amd. Sec. 2, Ch. 395, L. 1993; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 3, Ch. 455, L. 1995; amd. Sec. 11, Ch. 545, L. 1995; amd. Sec. 24, Ch. 546, L. 1995; amd. Sec. 3, Ch. 339, L. 1997; amd. Sec. 3, Ch. 417, L. 1997; amd. Sec. 2, Ch. 549, L. 1997; amd. Sec. 32, Ch. 313, L. 2001; amd. Sec. 18, Ch. 483, L. 2001; amd. Sec. 16, Ch. 449, L. 2005; amd. Sec. 1, Ch. 24, L. 2011; amd. Sec. 3, Ch. 358, L. 2017; amd. Sec. 1, Ch. 61, L. 2019; amd. Sec. 1, Ch. 450, L. 2019; amd. Sec. 1, Ch. 335, L. 2021; amd. Sec. 3, Ch. 100, L. 2023.

Notes of Decisions
Cited in 5 cases, 1994–1997 · leading case: MacMillan v. State Comp. Ins. Fund, 947 P.2d 75 (Mont. 1997).
Sort: Relevance Newest Treatment
MacMillan v. State Comp. Ins. Fund, 947 P.2d 75 (Mont. 1997). · cites it 7× “The State Fund also contends that the District Court’s conclusion that State Fund management staff retain no employment rights and are exempt from the provisions of the WDEA is buttressed by the fact *207 that State Fund employees are exempt from certain state personnel policies…”
McKamey v. State, 885 P.2d 515 (Mont. 1994). · cites it 3× “Section 2-18-103, MCA, exempts certain types of positions from the wage requirements of the State Compensation Plan, among them “officers or members of the militia.”
Tefft v. State, 894 P.2d 317 (Mont. 1995). · cites it 2× “The Department, therefore, requested an exclusion from the State’s pay plan under § 2-18-103(6), MCA, which excludes officers or members of the militia.”
Corwin v. Bd. of Pub. Educ., 898 P.2d 1227 (Mont. 1995). · cites it 4× “The Employees also reference their form contracts which include as part of the “term” provisions “all holidays and annual leave” to which the employee “is entitled under state law,” and conclude by noting that §§ 2-18-103(9), MCA, and 2-18-701(8), MCA, respectively, exclude the…”
Peters v. State, 948 P.2d 250 (Mont. 1997). · cites it 2× “To circumvent its obligation to pay the firefighters overtime in the future, the DMA sought an exemption from the State’s pay matrix under § 2-18-103(6), MCA, which excludes members of the militia.”
Mont. Code Ann. § 2-18-103(6): 2 cases
Tefft v. State, 894 P.2d 317 (Mont. 1995). “The Department, therefore, requested an exclusion from the State’s pay plan under § 2-18-103(6), MCA, which excludes officers or members of the militia.”
Peters v. State, 948 P.2d 250 (Mont. 1997). “To circumvent its obligation to pay the firefighters overtime in the future, the DMA sought an exemption from the State’s pay matrix under § 2-18-103(6), MCA, which excludes members of the militia.”
Mont. Code Ann. § 2-18-103(9): 1 case
Corwin v. Bd. of Pub. Educ., 898 P.2d 1227 (Mont. 1995). “The Employees also reference their form contracts which include as part of the “term” provisions “all holidays and annual leave” to which the employee “is entitled under state law,” and conclude by noting that §§ 2-18-103(9), MCA, and 2-18-701(8), MCA, respectively, exclude the…”
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