Section 5

Citation: Section 5
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗
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Public Employees' Retirement                                                                                                                                            Includes spouse in Distributee definition (other designated person is also in definition, but spouse does not rely upon designation). Also includes
Title 19   Public Retirement Systems        Chapter 2    General Provisions                     Part 3    General Provisions                      Section303     Definitions                                                     distribution to spouse or surviving spouse in definition of Eligible rollover distribution. Also lists surviving spouse as statutory beneficiary
                                                         Public Employees' Retirement                                                                                                                                            Payment of accrued public employee retirement benefits when no beneficiary designated and estate would only be probated for the benefit
                                                                                                                                                                 Effect of no designation or no surviving designated beneficiary
Title 19   Public Retirement Systems        Chapter 2    General Provisions                     Part 8    Beneficiaries                           Section 802                                                                    amount - spouse is at the top of the list as the next of kin whom is entitled to the payment.
                                                         Public Employees' Retirement
                                                                                                                                                                 Required distributions                                          Exempts portion of member's interest from having to be paid within five years.
Title 19   Public Retirement Systems        Chapter 2    General Provisions                     Part 10   Special Provisions                      Section 1007
                                                         Public Employees' Retirement                                                                            Optional forms of benefits -- designation of contingent         Provides for survivorship benefit to be converted to an optional retirement benefit for the beneficiary. Spouse exempted from maximum age
Title 19   Public Retirement Systems        Chapter 3    System                                 Part 15   Optional Forms of Benefit Payments      Section 1501   annuitant                                                       differential allowed in order for option to be chosen.
                                                                                                                                                                 Optional forms of benefits -- designation of contingent         Provides for survivorship benefit to be converted to an optional retirement benefit for the beneficiary. Spouse exempted from maximum age
Title 19   Public Retirement Systems        Chapter 5    Judges' Retirement                     Part 7    Optional Benefit Payments               Section 701    annuitant                                                       differential allowed in order for option to be chosen.
                                                                                                                                                                 Definitions                                                     Defines "Survivor" as surviving spouse or dependant child of member.
Title 19   Public Retirement Systems        Chapter 6    Highway Patrol Officers' Retirement    Part 1    General Provisions                      Section 101
                                                                                                                                                                 Payment of retirement benefits                                  Provides for surviving spouse to receive retirement benefit upon retired member's death
Title 19   Public Retirement Systems        Chapter 6    Highway Patrol Officers' Retirement    Part 5    Service Retirement Benefits             Section 505
                                                                                                                                                                 Disability retirement benefit                                   Upon death of member receiving disability retirement benefit, member's surviving spouse is eligible for benefits.
Title 19   Public Retirement Systems        Chapter 6    Highway Patrol Officers' Retirement    Part 6    Disability Retirement Benefits          Section 601
                                                                                                          Survivorship Benefits and Death
                                                                                                                                                                 Survivorship benefits -- employment-related death               Provides for survivorship benefits to be paid to surviving spouse if member died in course of service.
Title 19   Public Retirement Systems        Chapter 6    Highway Patrol Officers' Retirement    Part 9    Payments                                Section 901
                                                                                                          Survivorship Benefits and Death
                                                                                                                                                                 Survivorship benefits -- death from other causes                Provides for survivorship benefits to be paid to surviving spouse if active or inactive member dies before reaching retirement age
Title 19   Public Retirement Systems        Chapter 6    Highway Patrol Officers' Retirement    Part 9    Payments                                Section 902
                                                                                                                                                                 Membership in municipal police officers' retirement system
                                                                                                                                                                 prior to or following city-county consolidation--payment of     Provides for retirement benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 7    Sheriffs' Retirement                   Part 8    Service Credit                          Section 801    benefits by two systems
                                                                                                          Optional Forms of Retirement                           Optional forms of benefits -- designation of contingent         Provides for survivorship benefit to be converted to an optional retirement benefit for the beneficiary. Spouse exempted from maximum age
Title 19   Public Retirement Systems        Chapter 7    Sheriffs' Retirement                   Part 10   Benefits                                Section 1001   annuitant                                                       differential allowed in order for option to be chosen.
                                                         Game Wardens' and Peace Officers'                                                                       Optional forms of benefits -- designation of contingent         Provides for survivorship benefit to be converted to an optional retirement benefit for the beneficiary. Spouse exempted from maximum age
Title 19   Public Retirement Systems        Chapter 8    Retirement                             Part 8    Optional Forms of Benefit Payments      Section 801    annuitant                                                       differential allowed in order for option to be chosen.
                                                                                                                                                                 Definitions                                                     Defines "Survivor" as surviving spouse or dependant child of member.
Title 19   Public Retirement Systems        Chapter 9    Police Retirement -- Statewide Plan    Part 1    General Provisions                      Section 104
                                                                                                                                                                 Amount of service retirement benefit--continuation of benefit
                                                                                                                                                                                                                                  Provides for retirement benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 9    Police Retirement -- Statewide Plan    Part 8    Service Retirement Benefits             Section 804    after death of member
                                                                                                                                                                 Amount of disability retirement benefit--continuation of benefit
                                                                                                                                                                                                                                  Provides for retirement benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 9    Police Retirement -- Statewide Plan    Part 9    Disability Retirement Benefits          Section 903    after death of member
                                                                                                          Survivorship Benefits and Death
                                                                                                                                                                 Preretirement death benefits                                    Provides for death benefits to be paid to surviving spouse upon death of active member.
Title 19   Public Retirement Systems        Chapter 9    Police Retirement -- Statewide Plan    Part 11   Payments                                Section 1101
                                                                                                          Deferred Retirement Option Plan
                                                                                                                                                                 Survivorship benefits                                           Provides for payment of participant's DROP benefit to be paid to surviving spouse upon death of participant.
Title 19   Public Retirement Systems        Chapter 9    Police Retirement -- Statewide Plan    Part 12   (DROP)                                  Section 1206
                                                         Firefighters' Unified Retirement
                                                                                                                                                                 Amount of service retirement benefit                            Provides for retirement benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 13   System                                 Part 7    Service Retirement Benefits             Section 704
                                                         Firefighters' Unified Retirement
                                                                                                                                                                 Amount of service retirement benefit                            Provides for disability benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 13   System                                 Part 8    Disability Retirement Benefits          Section 803
                                                         Firefighters' Unified Retirement                 Survivorship Benefits and Death
                                                                                                                                                                 Survivorship benefit                                            Provides for survivorship benefit to be paid to surviving spouse upon death of member.
Title 19   Public Retirement Systems        Chapter 13   System                                 Part 9    Payments                                Section 902
                                                         Firefighters' Unified Retirement                 Postretirement Benefits and Benefit
                                                                                                                                                                 Minimum benefit adjustment                                      Establishes minimum benefit to be paid to surviving spouse or member with 10 or more years of membership service.
Title 19   Public Retirement Systems        Chapter 13   System                                 Part 10   Increases                               Section 1007
                                                         Volunteer Firefighters' Compensation
                                                                                                                                                                 Definitions                                                     Defines "Survivorship benefit" to mean monthly benefit paid to surviving spouse or dependent child of deceased member
Title 19   Public Retirement Systems        Chapter 17   Act                                    Part 1    General Provisions                      Section 102
                                                         Volunteer Firefighters' Compensation
                                                                                                                                                                 Pension trust fund established--restrictions on use             Limits use of pension trust assets to purposes for exclusive benefit of, among others, surviving spouses.
Title 19   Public Retirement Systems        Chapter 17   Act                                    Part 1    General Provisions                      Section 106
                                                         Volunteer Firefighters' Compensation             Pension, Disability, and Survivorship                  Survivorship benefits to surviving spouse or dependent
                                                                                                                                                                                                                                 Provides for payment of survivorship benefits to surviving spouse.
Title 19   Public Retirement Systems        Chapter 17   Act                                    Part 4    Benefits                                Section 405    children
                                                         Volunteer Firefighters' Compensation             Pension, Disability, and Survivorship
                                                                                                                                                                 Termination of pension when no surviving spouse or child        Terminates pension benefits at end of month of member's death if no surviving spouse or minor child
Title 19   Public Retirement Systems        Chapter 17   Act                                    Part 4    Benefits                                Section 406
                                                                                                                                                                 Use of disability and pension fund                              Restricts use of funds to, among other things, payment of benefits to surviving spouse
Title 19   Public Retirement Systems        Chapter 18   Firefighters' Retirement               Part 2    Management and Protection of Fund       Section 203
Title 19   Public Retirement Systems        Chapter 18   Firefighters' Retirement               Part 6    Benefits                                Section 601    Benefits the association may provide                            Limits use of member benefits to, among other things, payment of pensions to surviving spouse
Title 19   Public Retirement Systems        Chapter 18   Firefighters' Retirement               Part 6    Benefits                                Section 603    Partial service pension                                         Provides for payment of a partial service pension to surviving spouse under certain circumstances
Title 19   Public Retirement Systems        Chapter 18   Firefighters' Retirement               Part 6    Benefits                                Section 605    Pensions to surviving spouses and children                      Provides for payment of pension to surviving spouse under certain circumstances
                                                                                                                                                                 Protection of benefits from legal process and taxation--
                                                                                                                                                                                                                                 Protects pensions from judgments, garnishments, etc except for payment of spousal support or child support
Title 19   Public Retirement Systems        Chapter 18   Firefighters' Retirement               Part 6    Benefits                                Section 612    nonassignability
Title 19   Public Retirement Systems        Chapter 19   Police Retirement -- Local Funds       Part 5    Benefits                                Section 503    Death benefits                                                  Provides for retirement benefit to be paid to surviving spouse upon death of retired member.
Title 19   Public Retirement Systems        Chapter 19   Police Retirement -- Local Funds       Part 5    Benefits                                Section 504    Protection of benefits from legal process and taxation          Protects pensions from judgments, garnishments, etc except for payment of spousal support or child support
Title 19   Public Retirement Systems        Chapter 19   Police Retirement -- Local Funds       Part 5    Benefits                                Section 506    Supplement to certain pensions                                  Sets minimum payment for, among others, spouses receiving survivorship benefits
Title 19   Public Retirement Systems        Chapter 20   Teachers' Retirement                   Part 2    Administration of System                Section 212    Exemption from taxation, legal process, and assessments         Protects pensions from tax, judgments, garnishments, etc except for payment of spousal support or child support.
Title 19   Public Retirement Systems        Chapter 20   Teachers' Retirement                   Part 3    Membership                              Section 305    Alternate payees -- family law orders                           Allows for the modification of rights to be modified by a family law order (which includes former spouse's rights to benefits)
Title 19   Public Retirement Systems        Chapter 20   Teachers' Retirement                   Part 4    Creditable Service                      Section 414    Payment methods for purchase of service credit                  Allows surviving spouse to complete payments required to purchase service if member dies before completing payments.
Title 19   Public Retirement Systems        Chapter 20   Teachers' Retirement                   Part 7    Benefits in General                     Section 717    Effect of no designation or no surviving beneficiary            If no designation or surviving beneficiary, husband or wife given first priority to payments (followed by consanguine relatives)
                                                                                                                                                                 Honorary high school diploma for certain veterans               Allows immediate family member of deceased or incapacitated veterans meeting certain requirements to apply for a diploma.
Title 20   Education                        Chapter 3    Elected Officials                      Part 1    Superintendent of Public Instruction    Section 109
Title 20   Education                        Chapter 3    Elected Officials                      Part 2    County Superintendent of Schools        Section 211    Disqualification of county superintendent                       Disqualifies superintendent from hearing/deciding matters of controversy involving relations (consanguine and affinity) within sixth degree
                                                                                                                                                                                                                                 Defines "parent or guardian" to include an individual shareholder of a domestic corporation as defined in 35-1-113 whose shares are 95% held by
                                                                                                                                                                 Attendance with discretionary approval
Title 20   Education                        Chapter 5    Pupils                                 Part 3    Attendance Outside School District      Section 320                                                                    related family members to the sixth degree of consanguinity or by marriage to the sixth degree of affinity.
                                                                                                          Enrollment of Pupil by Caretaker
                                                                                                                                                                                                                                 Defines "Caretaker relative" of a child as an individual related by blood, marriage or adoption by another individual to a child.
Title 20   Education                        Chapter 5    Pupils                                 Part 5    Relative                                Section 501    Purpose--legislative intent--parental rights--definitions
                                                                                                          Enrollment of Pupil by Caretaker                       Caretaker relative educational authorization affidavit--use--
                                                                                                                                                                                                                                 Caretaker affidavit requires person be related "by blood, marriage, or adoption"
Title 20   Education                        Chapter 5 Pupils                                    Part 5    Relative                                Section 503    immunity--format
Title 20   Education                        Chapter 20 School Elections                         Part 1    General Provisions                      Section 109    Election judges -- qualifications -- training                   Restricts election judges who are spouses of candidates or candidate's relatives
                                                                                                                                                                 Competition between for-profit fitness centers and university   Exempts immediate family members of a university student or employee from the restriction that university fitness centers cannot sell contracts or
Title 20   Education                        Chapter 25 University System                        Part 3    Administration of University System     Section 332    fitness centers prohibited--exception                           charge monthly fees to members of the public if a private fitness center is in area
Title 20   Education                        Chapter 25 University System                        Part 4    Miscellaneous Finance                   Section 421    Charges for tuition--waivers                                    Allows regents to waive tuition and fees for surviving spouses of some Montanans
                                                                                                          University Students -- Qualifications
                                                                                                                                                                                                                                 Includes in definition of "Resident student" the spouses of armed force members assigned to and residing in Montana.
Title 20   Education                        Chapter 25 University System                        Part 5    and Rights                              Section 501    Definitions
                                                                                                          University Students -- Qualifications
                                                                                                                                                                                                                                 Allows person working full-time in Montana to fast track residency of spouse under certain circumstances
Title 20   Education                        Chapter 25 University System                        Part 5    and Rights                              Section 503    Presumptions and rules as to domicile
           Parks, Recreation, Sports, and                                                                                                                                                                                        Presumption that vessel is operated under knowledge and consent of owner if under control of owner's spouse, or other immediate family
Title 23   Gambling                         Chapter 2    Recreation                             Part 5    Boats                                   Section 505    Owner's civil liability                                         member
           Parks, Recreation, Sports, and                                                                 General Provisions, Proceedings,
                                                                                                                                                                                                                                 Prevents personal property from being sold to officer of agency that seized property or anyone related to an officer by blood or marriage
Title 23   Gambling                         Chapter 5    Gambling                               Part 1    and Penalties                           Section 184    Disposition of Property
 Title     Title Desc.                        Chapter      Chapter Desc.                            Part     Part Desc.                                Section      Section Desc.                                                    Description
Title 25   Civil Procedure                    Chapter 5    Parties                                 Part 2    Capacity to be a Party -- Joinder       Section 202    Who may defend when spouse sued                                  Allows spouses to defend for each other's rights
Title 25   Civil Procedure                    Chapter 7    Trials                                  Part 2    Selection of Jury                       Section 223    Challenges to jurors for cause                                   Allows challenge for cause if juror is related to a party by consanguinity or affinity within sixth degree
                                                                                                                                                                                                                                     Exempts from judgment burial plot for judgment debtor and the debtor's family. Allows for execution of judgment on veterans' and social security
Title 25   Civil Procedure                    Chapter 13   Execution of Judgment                   Part 6    Property Exempt from Execution          Section 608    Property exempt without limitation--exceptions                   benefits for child support or maintenance to be paid to a spouse or former spouse
Title 25   Civil Procedure                    Chapter 13   Execution of Judgment                   Part 6    Property Exempt from Execution          Section 614    Earnings of judgment debtor                                      Sets maximum garnishment if debtor is required to support spouse
Title 25   Civil Procedure                    Chapter 13   Execution of Judgment                   Part 8    Redemption of Real Property               Part 8       Redemption of Real Property                                      Provides for special rules for redemption by judgment debtor's spouse
Title 26   Evidence                           Chapter 1    Statutory Provisions on Evidence        Part 6    Presumptions                            Section 602    Disputable presumptions                                          Establishes that a man and woman holding themselves out as husband and wife are presumed married
Title 26   Evidence                           Chapter 1    Statutory Provisions on Evidence        Part 8    Privileges                              Section 802    Spousal privilege                                                Establishes a marital communication privilege.
                                                                                                                                                                    Statement of apology, sympathy, or benevolence--not
                                                                                                                                                                                                                                     Includes in definition of "Family" spouse, spouse's parents, and certain consanguine relations. Exempts statements made to family members from
                                                                                                                                                                    admissible as evidence of admission of liability for medical
                                                                                                                                                                                                                                     admissibility in malpractice action.
Title 26   Evidence                           Chapter 1    Statutory Provisions on Evidence        Part 8    Privileges                              Section 814    malpractice
           Civil Liability, Remedies, and
                                                                                                                                                                                                                                     Requires person who slays or permanently disables a person in a duel to provide for maintenance of that person's spouse.
Title 27   Limitations                        Chapter 1    Availability of Remedies -- Liability   Part 2    Damages                                 Section 223    Damages for injuries or death inflicted in duel
           Civil Liability, Remedies, and                                                                    Right to Bring Action or Assert                                                                                         Establishes a wrongful death action that may be maintained by the personal representative of the decedent's estate. Per 72-3-503, if no personal
                                                                                                                                                                    Action for wrongful death
Title 27   Limitations                        Chapter 1    Availability of Remedies -- Liability   Part 5    Defense                                 Section 513                                                                     representative designated, surviving spouse is appointed.
           Civil Liability, Remedies, and                                                                    Right to Bring Action or Assert
                                                                                                                                                                    Protection of personal relations--abduction                      States that the rights of personal relations forbid the "abduction or enticement" of a wife or husband from their spouse
Title 27   Limitations                        Chapter 1    Availability of Remedies -- Liability   Part 5    Defense                                 Section 515
                                                                                                             Circumstances Which Affect Validity                                                                                     Defines duress under contract law as the unlawful confinement or detention of property of a person or the person's husband, wife, ancestor,
                                                                                                                                                                    What constitutes duress
Title 28   Contracts and Other Obligations    Chapter 2    Contracts                               Part 4    of Apparent Consent                     Section 402                                                                     descendant or adopted child.
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, or Substantial Alteration
                                                                                                                                                                    Definitions                                                      Defines "Designated family member" to include spouse and certain consanguine relations
                                                                                                             of Farm Implements Dealership
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 8    Agreements                              Section 801
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, or Substantial Alteration
                                                                                                                                                                    Transfer                                                         Prevents a grantor from unreasonably withholding consent of transfer to designated family member or designated successor.
                                                                                                             of Farm Implements Dealership
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 8    Agreements                              Section 804
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, or Substantial Alteration
                                                                                                                                                                    Refusal to honor succession to ownership--notice required        Provides notice requirements if grantor believes good cause exists to refuse to honor transfer to designated family member or successor.
                                                                                                             of Farm Implements Dealership
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 8    Agreements                              Section 805
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, or Substantial Alteration
                                                                                                                                                                    Procedure to determine right to succeed                          Provides designated family member or successor a method to file a complaint if grantor refuses to honor transfer
                                                                                                             of Farm Implements Dealership
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 8    Agreements                              Section 806
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, Substantial Alteration,
                                                                                                                                                                    Definitions                                                      Defines "Designated family member" to include spouse and certain consanguine relations
                                                                                                             or Transfer of Construction
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 9    Equipment Dealership Agreements         Section 901
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, Substantial Alteration,
                                                                                                                                                                    Transfer                                                         Prevents a grantor from unreasonably withholding consent of transfer to designated family member or designated successor.
                                                                                                             or Transfer of Construction
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 9    Equipment Dealership Agreements         Section 904
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, Substantial Alteration,
                                                                                                                                                                    Refusal to honor succession to ownership--notice required        Provides notice requirements if grantor believes good cause exists to refuse to honor transfer to designated family member or successor.
                                                                                                             or Transfer of Construction
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 9    Equipment Dealership Agreements         Section 905
                                                                                                             Termination, Cancellation,
                                                                                                             Nonrenewal, Substantial Alteration,
                                                                                                                                                                    Procedure to determine right to succeed                          Provides designated family member or successor a method to file a complaint if grantor refuses to honor transfer
                                                                                                             or Transfer of Construction
Title 30   Trade and Commerce                 Chapter 11 Sales                                     Part 9    Equipment Dealership Agreements         Section 906
           Credit Transactions and                                                                                                                                                                                                   Prevents the assignment of wages or salary to a wage broker by a married person who has a spouse residing in this state without the consent of
Title 31   Relationships                      Chapter 1    Credit Transactions                     Part 3    Wage Brokers                            Section 306    Spouse must join in assignment of wages--acknowledgment          such spouse, evidenced by the spouse's signature to said assignment
           Credit Transactions and
                                                                                                                                                                                                                                     Defines "Relative" to mean spouse, individual related by consanguinity, adoption or affinity within third degree
Title 31   Relationships                      Chapter 2    Debtor and Creditor Relationships       Part 3    Uniform Fraudulent Transfer Act         Section 328    Definitions
                                                                                                             Operation of Business--Restrictions                                                                                     Both husband and wife must sign assignment for benefit of a licensee of salary, wages, etc (unless husband and wife are separated at time of
Title 32   Financial Institutions             Chapter 5    Consumer Loan Business                  Part 3    and Requirements                        Section 310    Wage assignments--limitations                                    assignment)
                                                                                                             Montana Mortgage Broker,
                                                           Residential Mortgage Brokers,                     Mortgage Lender, Mortgage Loan                                                                                          Defines "Immediate family member" to include spouse and certain consanguine and adoptive relations
Title 32   Financial Institutions             Chapter 9    Lenders, and Loan Originators           Part 1    Originator Licensing Act                Section 103    Definitions
                                                                                                             Montana Mortgage Broker,
                                                                                                                                                                                                                                     Exempts from provisions of Part an individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate
                                                         Residential Mortgage Brokers,                       Mortgage Lender, Mortgage Loan
                                                                                                                                                                                                                                     family member.
Title 32   Financial Institutions             Chapter 9  Lenders, and Loan Originators             Part 1    Originator Licensing Act                Section 104    Exemptions--proof of exemption
                                                         Business and Industrial Development                 General Procedures--Definitions--
                                                                                                                                                                                                                                     Defines "Close relative" to include parent, child, sibling, or spouse or someone related by marriage to the same degree
Title 32   Financial Institutions             Chapter 11 Corporations                              Part 1    Purposes                                Section 102    Definitions
                                                         Business and Industrial Development                                                                        Disclosure of potential conflict of interest--terms and
                                                                                                                                                                                                                                     Requires disclosure of conflicts. Includes "relatives" which is defined as spouse and consanguine and affinity relations within a certain degree.
Title 32   Financial Institutions             Chapter 11 Corporations                              Part 3    Acquisition and Merger                  Section 301    conditions--examples
                                                                                                                                                                                                                                    Includes property owned by member's spouse in list of items that a farm mutual insurer shall insure
Title 33   Insurance and Insurance Companies Chapter 4     Farm Mutual Insurers                    Part 5    Insurance Operations                    Section 501    Insuring powers in general
                                                                                                                                                                    Restrictions on contracting for personal insurance -- insurable "Insurable interest" defined as either substantial interest engendered by love and affection for those closely related by blood or law, or, for other
Title 33   Insurance and Insurance Companies Chapter 15 The Insurance Contract                     Part 2    Insurable Interests                     Section 201    interests -- violation                                          persons, a lawful and substantial economic interest in having the life, health, or bodily safety of the individual insured continue.
                                                                                                             Application, Issuance, Renewal,
                                                                                                                                                                                                                                     Allows a spouse to effectuate insurance on other spouse and family policies to be issued upon application by a husband or wife.
Title 33   Insurance and Insurance Companies Chapter 15 The Insurance Contract                     Part 4    Assignment, and Return                  Section 401    Application required--life and disability insurance
                                                        Insurance Producers, Adjusters,                      Licensing and Appointment of
                                                                                                                                                                                                                                     Allows temporary license to be issued to spouse, next of kin, or administrator/executor of licensed insurance producer upon death or disability.
Title 33   Insurance and Insurance Companies Chapter 17 Consultants, and Administrators            Part 2    Insurance Producers                     Section 216    Temporary insurance producer license
                                                        Insurance Producers, Adjusters,                      Revocation, Suspension, and                            Restrictions on acting as legal guardian of insured or
                                                                                                                                                                                                                                     Exempts immediate family members from restriction of insurance producers from acting as legal guardians for insured/policyholder.
Title 33   Insurance and Insurance Companies Chapter 17 Consultants, and Administrators            Part 10   Penalties                               Section 1005   policyholder
                                                                                                             Montana Use of Credit Information in                                                                                    Includes death of immediate family member in list of "extraordinary events" that allow an insurer to provide reasonable underwriting or rating
Title 33   Insurance and Insurance Companies Chapter 18 Unfair Trade Practices                     Part 6    Personal Insurance                      Section 605    Use of credit information                                        exceptions to an insurer whose credit record has been directly affected by such an extraordinary event
                                                        Insurance Information and Privacy
                                                                                                                                                                                                                                     Definition of "Medical record information" includes information obtained from the individual's spouse, parent or legal guardian.
Title 33   Insurance and Insurance Companies Chapter 19 Protection                                 Part 1    General Provisions                      Section 104    Definitions
                                                                                                                                                                                                                                     Under certain circumstances, payment of insurance may be made to the personal representative of the insured or to any relative of the insured by
                                                                                                                                                                                                                                     blood or legal adoption or connection by marriage or to any person appearing to the insurer to be equitably entitled thereto by reason of having
                                                                                                                                                                                                                                     been named beneficiary or by reason of having incurred expense for the maintenance, medical attention, or burial of the insured.
Title 33   Insurance and Insurance Companies Chapter 20 Life Insurance                             Part 1    Policy Provisions                       Section 115    Beneficiary--industrial policies
                                                                                                             Standard Nonforfeiture Law Life
                                                                                                                                                                                                                                     Includes rules for family policies that provide term insurance on the life of a spouse
Title 33   Insurance and Insurance Companies Chapter 20 Life Insurance                             Part 2    Insurance                               Section 203    Cash surrender value--paid-up nonforfeiture benefit--life
                                                                                                                                                                                                                                     Excludes group policies insuring only individuals related by blood, marriage or adoption, or otherwise having an insurable interest in each other's
                                                                                                                                                                    Group contracts required to meet group requirements
Title 33   Insurance and Insurance Companies Chapter 20 Life Insurance                             Part 10   General Requirements for Group Life     Section 1001                                                                    lives from the prohibition of group life insurance policies in the State.
                                                                                                                                                                                                                                     Group life policy may be extended to insure employees against loss due to death of spouses and minor children; spouses are entitled to individual
                                                                                                                                                                    Dependents of employee and labor union groups--coverage          policies in the event of termination of the group policy; if a spouse dies, the amount of insurance must be payable as a claim under the group
Title 33   Insurance and Insurance Companies Chapter 20 Life Insurance                             Part 11   Groups and Group Retirements            Section 1111                                                                    policy.
                                                                                                                                                                    Definitions                                                      Definition of "Dependent" includes payee's spouse and any former spouse for whom the payee is legally obligated to provide support
Title 33   Insurance and Insurance Companies Chapter 20 Life Insurance                             Part 14   Structured Settlement Protection        Section 1402
                                                                                                                                                                    Insurance for spouse and dependents of deceased peace            Entitles spouses and dependants of peace officers, game wardens and firefighters to renewal of group disability coverage if the officer dies within
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                       Part 1    General Provisions                      Section 136    officer, game warden, or firefighter                             scope of employment.
 Title     Title Desc.                         Chapter      Chapter Desc.                      Part     Part Desc.                                    Section         Section Desc.                                               Description
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