# Mont. Code Ann. § 2-18-1310: 2-18-1310 Plan membership election -- contract for employer participation

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1310

## Section

- **Citation:** Mont. Code Ann. § 2-18-1310
- **Heading:** 2-18-1310 Plan membership election -- contract for employer participation
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1310

## Text

2-18-1310 . Plan membership election -- contract for employer participation. (1) At the request of at least 25% of its employees, an employer may facilitate an election by all the employer's employees or by a specified group of the employer's employees to determine whether those employees will form an association for the purpose of participating in the plan. An election among employees on whether to form an association may also be initiated by the employer.

(2) If a majority of the employees voting on the question vote to become plan members, then, in a manner prescribed by the department:

(a) all of the employees that were eligible to vote on the question and any employees subsequently hired into the positions covered under the terms and conditions of the election must be formed as a common association for the purpose of plan membership and the employees must become plan members; and

(b) the employer shall enter into a contract with the department to participate in the plan and must become a contracting employer.

(3) A common association shall operate in a manner prescribed by the department unless the association is disbanded in a manner prescribed by the department.

(4) A contracting employer shall provide to the department, or the appropriate administering entity, the information necessary for the plan's operation. The department, in partnership with a contracting employer, shall provide to plan members the information necessary to actively participate in the plan.

## Nearby sections

- [Mont. Code Ann. § 2-18-1301 2-18-1301 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1301.md)
- [Mont. Code Ann. § 2-18-1302 2-18-1302 Purpose and intent](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1302.md)
- [Mont. Code Ann. § 2-18-1303 2-18-1303 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1303.md)
- [Mont. Code Ann. § 2-18-1304 2-18-1304 Statewide employee welfare benefit plan established -- health care expense trust accounts -- investment of funds -- account access -- administrative expenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1304.md)
- [Mont. Code Ann. § 2-18-1305 2-18-1305 Rulemaking authority](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1305.md)
- [Mont. Code Ann. § 2-18-1309 2-18-1309 Administration of plan -- content of plan document](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1309.md)
- [Mont. Code Ann. § 2-18-1310 2-18-1310 Plan membership election -- contract for employer participation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1310.md)
- [Mont. Code Ann. § 2-18-1311 2-18-1311 Contributions of unused sick and vacation leave -- other contributions not prohibited](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1311.md)
- [Mont. Code Ann. § 2-18-1312 2-18-1312 Tax exemption](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1312.md)
- [Mont. Code Ann. § 2-18-1313 2-18-1313 Death benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1313.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T2_C18_P13_S2-18-1310. Check the current official text before relying on it. Not legal advice.