Montana Code Annotated

Mont. Code Ann. § 39-71-710 (2026)

Termination Of Benefits Upon Retirement

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 7. Compensation and Benefits Generally

Termination Of Benefits Upon Retirement

39-71-710. Termination of benefits upon retirement. (1) If a claimant is receiving disability or rehabilitation compensation benefits and the claimant receives social security retirement benefits or is eligible to receive or is receiving full social security retirement benefits or retirement benefits from a system that is an alternative to social security retirement, the claimant is considered to be retired. When the claimant is retired, the liability of the insurer is ended for payment of permanent partial disability benefits other than the impairment award, payment of permanent total disability benefits, and payment of rehabilitation compensation benefits. However, the insurer remains liable for temporary total disability benefits, any impairment award, and medical benefits.

(2) If a claimant who is eligible under subsection (1) to receive retirement benefits and while gainfully employed suffers a work-related injury, the insurer retains liability for temporary total disability benefits, any impairment award, and medical benefits.

History: En. Sec. 1, Ch. 386, L. 1981; amd. Sec. 27, Ch. 464, L. 1987; amd. Sec. 14, Ch. 243, L. 1995; amd. Sec. 13, Ch. 516, L. 1995.

Notes of Decisions

Cited in 20 cases, 1986–2020 · leading case: Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011).

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Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). · cites it 172× “¶ 1 MACo Workers' Compensation Trust (MACo) appeals from a determination of the Workers' Compensation Court (WCC) that § 39-71-710, MCA, violates the Equal Protection Clause found in Article II, Section 4, of the Montana Constitution.”

Hunter v. Gibson Prods. of Billings Heights, Inc., 730 P.2d 1139 (Mont. 1986). · cites it 86× “In Johnson, the court ruled that § 39-71-710, MCA, entitles a claimant who has been receiving permanent total disability benefits to receive permanent partial disability benefits once the claimant reaches the age of 65.”

Rausch v. State Comp. Ins. Fund, 2002 MT 203 (Mont. 2002). · cites it 35× “Section 39-71-710. MCA (1991 & 1997). merely states than an insurer remains liable for payment of an impairment award if it has not already been paid to the claimant before age 65.”

Reesor v. Montana State Fund, 2004 MT 370 (Mont. 2004). · cites it 29× “Reesor contended that § 39-71-710, MCA, unconstitutionally denied him equal protection under the laws; specifically, he received lower permanent partial disability (PPD) benefits because of his age.”

Russette v. Chippewa Cree Hous. Auth., 874 P.2d 1217 (Mont. 1994). · cites it 15× “Based on stipulated facts and § 39-71-710, MCA (1987), the Workers’ Compensation Court concluded that claimant’s entitlement to disability benefits, other than for physical impairment, terminated when he began receiving social security retirement benefits.”

Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). · cites it 107× “” ¶2 We consider the following issues on appeal: ¶3 Did the Worker’s Compensation Court err in determining that § 39-71-710, MCA, does not violate Satterlee’s right to equal protection? ¶4 Did the Workers’ Compensation Court err in determining that § 39-71-710, MCA, does not…”

Goble v. Montana State Fund, 2014 MT 99 (Mont. 2014). · cites it 14× “Section 39-71-710, MCA, deemed “retired,” and therefore ineligible for workers’ compensation benefits, any disabled worker eligible for social security retirement benefits.”

Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). · cites it 109× “" ¶ 2 We consider the following issues on appeal: *569 ¶ 3 Did the Worker's Compensation Court err in determining that § 39-71-710, MCA, does not violate Satterlee's right to equal protection? ¶ 4 Did the Workers' Compensation Court err in determining that § 39-71-710, MCA, does…”

Satterlee v. Lumberman's Mut. Cas. Co., 2007 MT 325 (Mont. 2007). · cites it 18× “State Fund informed Foster that his PTD benefits would cease when he reached age sixty-five, pursuant to § 39-71-710, MCA. ¶6 Following the cessation of PTD benefits, Satterlee and Zenahlik petitioned the WCC and challenged the constitutionality of § 39-71-710, MCA, as an…”

Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005). · cites it 7× “See §39-71-710, MCA (1987 and 1989). ¶25 Thus, the statutory framework of the Act reveals the distinctly different purposes served by PPD and PTD benefits.”

Otteson v. Montana State Fund, 2005 MT 198 (Mont. 2005). · cites it 13× “¶13 The applicable statute, §39-71-710, MCA (1993), provides: (1) If a claimant is receiving disability or rehabilitation compensation benefits and the claimant receives social security retirement benefits or is eligible to receive full social security retirement benefits, the…”

Sullivan v. Aetna Life & Cas., 894 P.2d 278 (Mont. 1995). · cites it 2× “See § 39-71-710, MCA (1985). Sullivan seeks $41,582.”

Show all 20 citing cases →

— Mont. Code Ann. § 39-71-710(1) — 3 cases

Rausch v. State Comp. Ins. Fund, 2002 MT 203 (Mont. 2002). “Section 39-71-710. MCA (1991 & 1997). merely states than an insurer remains liable for payment of an impairment award if it has not already been paid to the claimant before age 65.”

Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005). “See §39-71-710, MCA (1987 and 1989). ¶25 Thus, the statutory framework of the Act reveals the distinctly different purposes served by PPD and PTD benefits.”

Aldrich v. Montana State Fund, 2009 MT 40 (Mont. 2009).

— Mont. Code Ann. § 39-71-710(2) — 1 case

S. Hensley v. State Fund (Mont. 2020).

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