The Montana Public Employee Retirement Administration (MPERA) serves active and retired public employees and public safety officers and is committed to providing secure and sustainable retirement benefits to nearly 60,000 members.  The agency administers ten retirement plans and is dedicated to customer service, member education, and operational efficiency. 

What is this career opportunity?

The Public Employees’ Retirement Board (Board) seeks an experienced and dynamic Legal Counsel to provide comprehensive legal services and strategic guidance.  

This position provides comprehensive legal services on complex legal issues to the Board and MPERA management and staff. This position represents and litigates cases in administrative, state, and federal courts; prepares legal pleadings, motions, and briefs; drafts, interprets, and implements legislation, regulations, and contracts; and analyses and advises on the impact of legal and regulatory changes.  This position holds independent fiduciary duties to retirement system participants, requiring sound judgment and autonomy. It reports directly to the MPERA Chief Legal Counsel and is instrumental in ensuring operations remain in plan and Constitutional compliance.

This is a unique opportunity to shape public policy and make a lasting impact on the retirement security of Montanans.

Key Responsibilities Include (but are not limited to):

• Litigation: Represents the Public Employees’ Retirement Board and MPERA in administrative hearings, state and federal courts, and appeals. Develops case strategies; drafts pleadings, motions and briefs; conducts discovery; prepares witnesses; and presents cases. Manages settlement negotiations and ensures effective legal representation in precedent-setting cases.

• Program Compliance: Advises on legal parameters and constraints for the development and operation of public employee pension systems. Assists in drafting and interpreting constitutional provisions, legislation, rules, policies, and plan documents to ensure compliance with state and federal laws. Analyzes operational procedures and recommends improvements.

• Consultation and Communication: Provides regulatory guidance to legislators, state agencies, and policymakers.

Education and Experience: 

• Juris Doctor (JD) degree from an accredited law school.
• Admission to practice law in Montana or admission within one year from the date of hire.
• Three (3) years’ legal experience, preferably in public pension law, including trust, fiduciary, and tax laws; constitutional, civil, administrative laws and procedures; disability benefits and eligibility law; probate and estates law; and/or state procurement.
• Expertise in litigation, policy development, and legislative processes.
• Strong research, analytical, and communication skills.

·         Alternate combinations of education and experience will be considered on a case-by-case basis.

Competencies:

Knowledge of:

·         State statutes and regulations governing the Public Employees’ Retirement System;

·         State and federal constitutional provisions relating to pension trust funds, equal protection, due process, contractual impairment by government agencies, and right to know/right of privacy;

·         State and federal civil court litigation, including courtroom practice and procedure, Montana and Federal Rules of Civil and Appellate Procedure, Montana and Federal Uniform District Court Rules, and Montana and Federal Rules of Evidence;

·         Knowledge of the conduct of state administrative proceedings under the Montana Administrative Procedures Act, Attorney General’s Model Rules, and Board policies;

·         Knowledge of federal income tax laws and regulations related to tax-qualified plans;

·         Knowledge of Montana contract and tort law and principles of equity, particularly as applied to retirement systems and pension trust fund administration;

·         Knowledge of work disability determination issues under various governmental programs, such as federal Social Security or workers’ compensation;

·         Knowledge of trust fund administration and legal obligations of fiduciaries; and

Ability to:

·         Demonstrate independent judgment and strong decision-making in complex legal and regulatory matters;

·         Anticipate legal risks and develop proactive solutions;

·         Represent organizational interests in negotiations and mediations;

·         Uphold fiduciary duties with integrity and ethical judgment;

·         Interpret statutes, rules and case law and assess their implications for operations and policies;

·         Adapt to handle evolving legal and regulatory landscapes; and

·         Collaborate with senior leadership and provide strategic guidance.

Skills:

·         Exceptional ability to draft clear, concise legal documents;

·         Strong verbal communication skills to explain complex legal concepts to diverse audiences including non-lawyers;’

·         Skill in developing case strategies, conducting discoveries, negotiating settlements and presenting cases in court; and

·         Skills providing legislative testimony and advising on policy initiatives

Does this sound like you?

Please tell us how and why by submitting your resume, cover letter, and three professional business references.  (Please Note: You do not need to complete the “work experience” or the “education & certifications” portion of the application process in our recruiting system.  You only need to upload the requested documentation.)

In this position you will be afforded the opportunity to telework, however there will be required weekly in-office days in Helena.  Specific conditions will be outlined as part of the job offer and must adhere to state policy.

What can you expect from us in return for your hard work?

·         Look here to see the additional benefits!  They include:

o    Work/life Balance

o    Health Coverage

o    Retirement plans

o    Paid Vacation and Sick Leave and Holidays

o    And more…

·         Public Service Loan Forgiveness (PSLF) – Employment with the State of Montana may qualify you to receive student loan forgiveness under the PSLF.  Look here to learn more and see if you may qualify!

Other important information to be aware of.

·         Only online applications are accepted.  By applying online, you are able to receive updates and monitor the status of your application.