TRS Legislative Updates

2023 Legislative Session

Click a bill number in the list below to read the full text (pdf), or
use the LAWS lookup feature to find more information about any bill.

Page last updated March 20, 2023

Bills Introduced at the Request of the TRS Board

HB 117Generally Revise Working Retiree Laws Under TRS
This bill is intended to provide additional flexibility to fill vacant positions for TRS Employers by increasing the allowable earnings limit for TRS retirees from one-third of their Average Final Compensation (AFC) to 49% of AFC; by reducing the 150-calendar-day break in service to 120 calendar days for members terminating employment on or after January 1, 2024; and by reinstating the position of Superintendent as a position eligible to work under 19-20-732, MCA. An amendment changed the sunset date from June 1, 2029 to June 1, 2027.

  • Primary Sponsor:  Marta Bertoglio (R) HD 75
  • Current Status:  Passed by House as amended; currently in Senate
  • TRS Position:  Support

HB 135Revise Administrative Provisions of TRS
This housekeeping bill clarifies employer requirements for providing payroll information to TRS; provides a process for establishing independent contractor status; clarifies the cost and service credit awarded for a direct transfer from PERS to TRS; relocates language describing the 110% cap on earnings to the Calculation of Average Final Compensation section of statute; cleans up Guaranteed Annual Benefit Adjustment language that was found to be unconstitutional; and makes other clarifications and technical corrections to existing language. An amendment clarified independent contractor requirements.

  • Primary Sponsor:  Marta Bertoglio (R) HD 75
  • Current Status:  Passed by House as amended; currently in Senate
  • TRS Position:  Support

SB 25Increase University System Supplemental Contribution to TRS
This bill seeks to increase the employer supplemental contribution rate from 4.72% of MUS-RP participant salaries to 13.53% to amortize by 2033 (as required in 19-20-621, MCA) the unfunded liability created when TRS was closed to all new hires of the university system.

  • Primary Sponsor:  Ryan Lynch (D) SD 37
  • Current Status:  Missed transmittal deadline
  • TRS Position:  Support

Other Bills or Resolutions Potentially Affecting TRS

SB 18Add Benefit Policy Statement to Pension Systems
This bill, introduced at the request of the State Administration and Veterans' Affairs interim committee, would require any future benefit enhancement introduced by the Legislature to be fully funded.

  • Primary Sponsor:  Mike Cuffe (R) SD 1
  • Current Status:  Passed by Legislature and signed by Governor Gianforte
  • TRS Position:  Support

SB 348Revise Pension Laws to Eliminate GABA for New Hires
This bill would create a new tier of membership in TRS (Tier 3) that eliminates the Guaranteed Annual Benefit Adjustment for TRS members hired on or after July 1, 2023. This change would gradually reduce the long-term cost of the plan as current members retire and are replaced by new entrants.

  • Primary Sponsor:  Tom McGillvray (R) SD 23
  • Current Status:  Missed transmittal deadline
  • TRS Position:  Informational

SJ 4Conduct an Interim Study of PERS and TRS
This joint resolution would request a interim study of the PERS Defined Benefit plan and TRS, with the goal of developing recommendations for a long-term, strategic funding approach.

  • Primary Sponsor:  Wendy McKamey (R) SD 12
  • Current Status:  Passed by Legislature
  • TRS Position:  Support

HB = House Bill; SB = Senate Bill; HJ = House Joint Resolution; SJ = Senate Joint Resolution.
MPERA is the Montana Public Employee Retirement Administration, PERS is the Public Employees' Retirement System, and MUS-RP is the Montana University System Retirement Program.

TRS Legislative News Archives

2021 Session

A TRS "housekeeping bill" (HB 88) was passed by the 67th Montana Legislature, and a joint House and Senate Resolution (HJ 8) instructed an interim committee to review Montana's defined benefit pensions. Read more at the links below:

2019 Session

Two bills passed by the 66th Montana Legislature resulted in minor changes and clarifications to TRS law. These and other bills are summarized in the following documents:

2017 Session

Four bills affecting TRS were passed by the 65th Montana Legislature and are described in the documents below:

2015 Session

Three bills affecting TRS are summarized in the documents below:

2013 Session

The 63rd Montana Legislature enacted significant changes to TRS, and a bill passed in the 2009 session also took effect in 2013. See summaries and related news items below:

2011 Session

2009 Session

2005 Session

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