2-15-2042. Montana end of watch account -- payment and cessation of payment.
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/mt/title-2/chapter-15/part-20/2-15-2042·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
2-15-2042 . Montana end of watch account -- payment and cessation of payment.
(1)There is a Montana end of watch state special revenue account within the state special revenue fund established in 17-2-102 administered by the department. Pursuant to 2-15-2041 , all interest and earnings from the end of watch trust fund established in 2-15-2041 must be deposited into this fund.
(2)The department shall disburse payments to a qualifying law enforcement officer or the law enforcement officer's immediate family, contingent upon the board's approval of the application for funds.
(a)Payments for a catastrophic injury in the line of duty must be made to a catastrophically injured law enforcement officer on a monthly basis for 60 months from the date of the board's approval of the application for payments from the end of watch trust.
(b)Applications to the board for payments related to a catastrophic injury must be accompanied by proof of maximum medical improvement. Applications must also include objective medical evidence for a permanent total disability.
(c)In the event the catastrophically injured law enforcement officer dies prior to receiving all 60 monthly payments, the department shall pay on a monthly basis the remainder of the 60 monthly payments to the law enforcement officer's immediate family as follows:
(i)to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies;
(ii)if there is no surviving spouse or if the surviving spouse remarries or dies prior to the disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving legal children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title 72, chapter 26; or
(iii)if any of the law enforcement officer's surviving legal children turn 18 years of age prior to the disbursement of all 60 monthly payments, the child will continue to receive funds until the remainder of the 60 monthly payments have been made, in equal shares, to each of the officer's surviving legal children.
(d)In the event there is no surviving spouse that has not remarried or surviving legal children under 18 years of age, the payments must cease.
(a)Payments for a law enforcement officer killed in the line of duty must be made to the law enforcement officer's surviving immediate family on a monthly basis for 60 months from the date of the board's approval of the application. The department shall make the payments as follows:
(i)to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies;
(ii)if there is no surviving spouse or if the surviving spouse remarries or dies prior to disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving legal children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title 72, chapter 26; or
(iii)if any of the law enforcement officer's surviving legal children turn 18 years of age prior to the disbursement of all 60 monthly payments, the child will continue to receive funds until the remainder of the 60 monthly payments have been made, in equal shares, to each of the officer's surviving legal children.
(b)In the event there is no surviving spouse that has not remarried or surviving legal children under 18 years of age, the payments must cease.
(5)A maximum of 60 monthly payments may be made to a law enforcement officer's surviving immediate family under this section. In the event a catastrophically injured officer receiving benefits under this section dies, funds must be distributed to the surviving immediate family until the remainder of the 60 monthly payments for the catastrophic injury have been made. The immediate family are not eligible for additional payments after the full 60 monthly payments from the catastrophic injury have been paid.
(a)For the first 12 months following the date the board approves an application, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is $7,000 a month, subject to an annual increase according to the consumer price index of July 1, 2025, or an annual increase of 3%, whichever is less.
(b)For months 13 through 60 following the date the board approves an application, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is:
(i)$7,000, subject to an annual increase according to the consumer price index as of July 1, 2025, or 3%, whichever is less;
(ii)minus the sum of:
(A)one-half of the workers' compensation monthly benefit based on the employment of the qualifying law enforcement officer paid to the law enforcement officer or the law enforcement officer's immediate family; and
(B)one-half of the state retirement monthly benefit paid based on the employment of the qualifying law enforcement officer to the law enforcement officer or the law enforcement officer's immediate family.
(7)The money in the account is subject to legislative appropriation.
(8)All payments under this section are exempt from execution without limit as provided in 25-13-608 .