Fix proposed to keep survivorship pension for 18‑year‑olds still enrolled in high school

Sen. Laura Smith introduced Senate Bill 208 to amend pension statutes so a dependent child does not lose survivorship benefits if the child turns 19 while still enrolled in an accredited secondary school.

The bill, Smith said, addresses a narrow statutory gap that has produced an unintended outcome in rare cases: survivors’ benefits for children of fallen police officers, troopers and firefighters currently stop when a dependent reaches the age of majority (typically 18) unless the child is a full‑time student at an accredited post‑secondary institution. SB 208 would add "accredited secondary school" to the statutory definition of "dependent child," extending continuity of benefits through high school for children who turn 19 during their senior year.

William Hollahan, executive director of the Public Employees' Retirement Administration, said the amendment prevents an "unfortunate outcome" where a high school senior loses monthly benefits while finishing school and noted the systems involved — municipal police retirement, state highway patrol, and the Firefighters Unified Retirement System — already define dependent children with age and student‑status criteria. "This bill would alleviate the unfortunate outcome under statute where a child is 18, their senior year of high school, and they turn 19," Hollahan said.

Labor and public‑safety groups supported the change. Carter Marsh of Montana Professional Firefighters described instances where single‑parent households could face a sudden loss of income if a surviving child aged out mid‑senior year; Grace Berner of the Association of Montana Troopers and Shelby Demars of the Montana Police Protective Association also urged passage, describing the change as a necessary cleanup.

Committee members asked whether the statutory text should explicitly reference a high‑school diploma or its equivalent; retirement administration staff said the current drafting ("accredited secondary school") is administrable and they would not oppose minor clarifying edits. No opponents appeared in committee testimony, and the hearing closed with sponsor thanks to supporters.