39-71-2320. Property of state fund -- investment required -- exception. All premiums and other money paid to the state fund, all property and securities acquired through the use of money belonging to the state fund, and all interest and dividends earned upon money belonging to the state fund are the sole property of the state fund and must be used exclusively for the operations and obligations of the state fund. The money collected by the state fund for claims for injuries occurring on or after July 1, 1990, may not be used for any other purpose and may not be transferred by the legislature to other funds or used for other programs. However, state fund money must be invested by the board of investments provided for in 2-15-1808, and subject to the investment agreement with the board of investments, the earnings on investments are the sole property of the state fund as provided in this section.
Montana Code Annotated
Mont. Code Ann. § 39-71-2320 (2026)
Property Of State Fund -- Investment Required -- Exception
✓ current as of May 2026
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TITLE 39. LABOR
CHAPTER 71. WORKERS' COMPENSATION
Part 23. Compensation Plan Number Three
Property Of State Fund -- Investment Required -- Exception
History: En. Sec. 9, Ch. 613, L. 1989; amd. Sec. 3, Ch. 424, L. 1995; amd. Sec. 17, Ch. 276, L. 1997; amd. Sec. 2, Ch. 603, L. 2003; amd. Sec. 2, Ch. 4, Sp. L. November 2017.
Notes of Decisions
Cited in 2
cases, 2020–2020 · leading case: Moodys Mkt. v. State Fund, 2020 MT 217 (Mont. 2020).
Moodys Mkt. v. State Fund, 2020 MT 217 (Mont. 2020). “4 (SB 4), which enacted § 17-1-512, MCA (2017), and amended § 39-71-2320, MCA, authorizing the imposition of a three-percent “management rate” on certain BOI portfolios, including the State Fund, and required the funds be transferred to the State’s fire suppression account “by…”
Allum v. State of Montana (D. Mont. 2020). “§ 39-71-2320 . Montana law also states that the State Fund “is a nonprofit, independent public corporation.”
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