# Mont. Code Ann. § 19-17-405: 19-17-405 Survivorship benefits to surviving spouse or dependent children

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-405

## Section

- **Citation:** Mont. Code Ann. § 19-17-405
- **Heading:** 19-17-405 Survivorship benefits to surviving spouse or dependent children
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 19 / Chapter 17 / Part 4 / Section 19-17-405

## Text

19-17-405 . Survivorship benefits to surviving spouse or dependent children. (1) Subject to subsection (2) and the limitation in subsection (4), survivorship benefits equal to the full or partial pension benefits otherwise payable to the deceased member must be paid or continue to be paid to:

(a) the surviving spouse, unless the spouse is convicted of knowingly, purposely, or intentionally causing a member's death or disability;

(b) the dependent children upon the spouse's death; or

(c) if the deceased member left no surviving spouse but left a dependent child, to the guardian or other person having custody of the dependent child.

(2) Benefits payable to a dependent child must be paid pursuant to 19-2-803 .

(3) The survivorship benefit must be paid in each of the following circumstances:

(a) the death on or after July 1, 1995, of a member who had at least 10 years of service and who was not receiving pension benefits; or

(b) the death on or after July 1, 1985, of a retired member who was receiving pension benefits but who had not received benefits for a total of 40 months.

(4) Survivorship benefits under subsection (1) terminate when benefits have been paid for a total of 40 months, including any pension or disability benefits paid to the retiree before death. At the request of the recipient, a lump-sum payment may be made in lieu of up to 40 months of survivorship benefits.

## Nearby sections

- [Mont. Code Ann. § 19-17-401 19-17-401 Eligibility for pension benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-401.md)
- [Mont. Code Ann. § 19-17-403 19-17-403 Application for benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-403.md)
- [Mont. Code Ann. § 19-17-404 19-17-404 Amount of pension benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-404.md)
- [Mont. Code Ann. § 19-17-405 19-17-405 Survivorship benefits to surviving spouse or dependent children](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-405.md)
- [Mont. Code Ann. § 19-17-406 19-17-406 Termination of pension when no surviving spouse or child](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-406.md)
- [Mont. Code Ann. § 19-17-407 19-17-407 Exemption from legal process](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-407.md)
- [Mont. Code Ann. § 19-17-411 19-17-411 Time benefits commence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-411.md)
- [Mont. Code Ann. § 19-17-412 19-17-412 Return to service](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-412.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C17_P4_S19-17-405. Check the current official text before relying on it. Not legal advice.