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All of the benefit information below has been complied by COPS, a support group for police survivors.
STATE OF MONTANA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Department of Health, Room
118, Cogswell Building, Helena, MT 59620, phone (406) 444-2614.
STATE DEATH BENEFITS
19-9-911 MCA
One Time Death Benefit Payment: A lump sum benefit is paid by the Municipal Police Officers’ Retirement
System (MPORS) only if either:
*The police officer dies leaving no surviving spouse or dependent
children,
*The police officer dies after termination of employment and prior to
age 50 with at least 10 years of service.
Amount: Member’s contributions plus interest on account at the time of disbursement.
Continuing Survivor’s Benefits: When a member of the MPORS dies while an active member of the
retirement system, his survivor(s) receive a benefit equal to 50% of the member’s final average salary
(FAS) or 2.5% of the member’s FAS for each year of service, whichever is more. These benefits are
paid for life to the surviving spouse, split between the member’s surviving dependent children for as long
as one or more remain dependent. Benefits are subject to minimum benefit adjustments.
Statute reference: 19-9-804 and 19-9-911
STATE PENSION BENEFITS
Statute Reference: Title 19, Sections 2 and 9, MCA Municipal Police Officers’ Retirement System
(MPORS). Members accrue retirement benefits at the rate of 2.5% of final average salary (FAS) per year
of service and are vested after 10 years. Regular retirement eligibility occurs at either 20 years of service
or age 50 with at least 10 years of service. Benefits automatically continue to survivor(s) upon the death of
the retiree. Minimum benefit increases are in effect, as well. Contact: Public Employees’ Retirement
Division, 1712 Ninth Avenue, P.O. Box 200131, Helena, MT 59620-0131.
EDUCATION BENEFITS
Statute Reference: 20-25-421(5), MCA. University tuition waivers for survivors of deceased law enforcement
officers. The regents of the University System may waive tuition charges for qualified survivors
of Montana firefighters or peace officers killed in the course and scope of employment.
For purposes of this subsection, a qualified survivor is a person who meets the entrance requirements at the
state university or college of his choice and is the surviving spouse or child of any of the following who
were killed in the course and scope of employment:
a) a paid or volunteer member of a municipal or rural fire department;
b) a law enforcement officer as defined in 7-32-201; or
c) a full-time highway patrol officer.
At the time of application for enrollment, the prospective student should tell the school of their
survivorship status and request a tuition waiver.
HEALTH BENEFITS
Statute Reference: 7-32-4117
A police officer who retires with benefits from the MPORS (or from the Public Employees’ Retirement
System — PERS — or if his or her employment was covered by this system) is eligible to remain on his
or her former employer’s group health plan after retirement on a self-pay basis. If a law enforcement
officer dies in the line of duty, the surviving spouse may remain on the employer’s group health plan
on a self-pay basis.
WORKERS’ COMPENSATION
Workers’ Compensation coverage is compulsory for employers in Montana; however, waivers are allowed.
Benefit for a spouse or a spouse with child(ren) is 66 2/3% of the employee’s wage with a minimum
weekly benefit of $181 or actual wage if less than $181 and a maximum weekly benefit of $362.
Spouse receives benefits for 10 years. Children receive benefits until age 18 or beyond age 18 if disabled,
or until age 22 if full-time students or if they are enrolled in an accredited apprenticeship program.
To receive workers’ compensation benefits the surviving spouse must take the initiative and file a workers’
compensation claim through a workers’ compensation attorney to receive any compensation. The
determination as to whether the claim will be paid will be determined by the Workers’ Compensation
Appeals Board.
Contact the Department of Labor and Industry, 1327 Lockey, Helena, MT 59624, telephone (406)
444-6500.
PERSONAL LIFE POLICY
Share of Heirs Other Than Surviving Spouse - (1) To issue of decedent equally if same degree, by
representation if more remote; (2) if no issue, to parents; (3) if no issue or parents, to brothers, sisters,
children and grandchildren of deceased brothers and sisters; (4) if not distributed by above, to next of kin in
equal degree, with those claiming through nearer degree preferred. (72-2-203).
Surviving Spouse - If surviving issue are all issue of surviving spouse, intestate share of surviving spouse
is entire remaining estate. Survival of decedent’s parent or parents has no effect on intestate share of
surviving spouse, intestate share of surviving spouse is one-half of intestate estate if there is only one
child or issue of one such child, and one-third of intestate estate if more than one such child or one such
child and issue of one or more deceased children. (72-2-202).
LAW ENFORCEMENT MEMORIAL
Libraries, Arts, and Antiquities, 22-3-701. The memorial in the Montana law enforcement museum,
located in the old Montana state prison, Deer Lodge, Montana, which is dedicated to the men and
women who have served their communities and the state of Montana as law enforcement officers and have
been killed or died in the line of duty, is designated as this state’s official law enforcement officers’ memorial.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller