reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1341 - CONDITIONS OF ELIGIBILITY FOR SERVICE RETIREMENT.

59-1341. CONDITIONS OF ELIGIBILITY FOR SERVICE RETIREMENT. A vested member is eligible for service retirement as indicated below, based upon his service retirement ratio. A member’s service retirement ratio shall, at retirement, be equal to the ratio of (1) to (2) as follows:
(1) The number of years of credited service for which the member was classified as a police officer or firefighter:
(2) The member’s total number of years of credited service.
For service retirement ratio:
Service retirement eligibility age is:
0.000 to 0.100
65
0.101 to 0.300
64
0.301 to 0.500
63
0.501 to 0.700
62
0.701 to 0.900
61
0.901 to 1.000
60
A person who was an active member on June 30, 1985 shall be deemed to have a service retirement ratio of 1.000 either if the member was a police officer or firefighter on that date and continuously thereafter to retirement or if at the time of retirement the majority of the member’s credited service has been that of a police officer or firefighter.
History:
[(59-1341) 1963, ch. 349, Art. 4, sec. 1, p. 988; am. 1965, ch. 165, sec. 1, p. 324; am. 1967, ch. 398, sec. 4, p. 1184; am. 1969, ch. 283, sec. 3, p. 856; am. 1971, ch. 49, sec. 5, p. 105; am. 1979, ch. 158, sec. 3, p. 484; am. 1985, ch. 168, sec. 1, p. 445; am. 1987, ch. 164, sec. 2, p. 323; am. and redesig. 1990, ch. 231, sec. 29, p. 632; am. 1990, ch. 249, sec. 2, p. 706; am. 1999, ch. 199, sec. 2, p. 525.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1343 - CONVERSION AND COMMUTATION OF CERTAIN PAYMENTS.

59-1343. CONVERSION AND COMMUTATION OF CERTAIN PAYMENTS. Unless the retirement board establishes a different level by rule, benefit payments of less than twenty dollars ($20.00) per month shall be commuted into an actuarially equivalent single sum.
History:
[(59-1343) 1974, ch. 57, sec. 7, p. 1118; am. 1981, ch. 10, sec. 5, p. 18; am. and redesig. 1990, ch. 231, sec. 31, p. 634; am. 1993, ch. 350, sec. 5, p. 1302; am. 2001, ch. 138, sec. 2, p. 499.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1344 - TIME FOR PAYMENT OF SERVICE RETIREMENT OR EARLY RETIREMENT.

59-1344. TIME FOR PAYMENT OF SERVICE RETIREMENT OR EARLY RETIREMENT. A service retirement allowance or early retirement allowance shall become payable to a member on the first of the month following his ceasing to be an employee while eligible for service retirement or early retirement and on the first of each month thereafter to and including the first of the month of the member’s death.
History:
[(59-1344) 1963, ch. 349, Art. 5, sec. 1, p. 988; am and redesig. 1990, ch. 231, sec. 32, p. 634.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1345 - VESTED MEMBER ELIGIBLE FOR EARLY RETIREMENT.

59-1345. VESTED MEMBER ELIGIBLE FOR EARLY RETIREMENT. A vested member who is not eligible for either service retirement or disability retirement is eligible for early retirement if he is within ten (10) years of being eligible for service retirement. Additionally, a vested member is eligible for early retirement on termination of disability retirement as provided by section 59-1354(2), Idaho Code.
History:
[59-1345, added 1990, ch. 231, sec. 33, p. 634; am. 1994, ch. 209, sec. 2, p. 663; am. 1999, ch. 199, sec. 3, p. 525.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1350 - DEFERRAL OF EARLY RETIREMENT.

59-1350. DEFERRAL OF EARLY RETIREMENT. Early retirement may be deferred by a member until the date he would have been eligible for service retirement had he remained an active member.
History:
[59-1350, added 1990, ch. 231, sec. 38, p. 636; am. 1992, ch. 220, sec. 8, p. 668; am. 1999, ch. 199, sec. 4, p. 525.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1352 - ELIGIBILITY FOR DISABILITY RETIREMENT.

59-1352. ELIGIBILITY FOR DISABILITY RETIREMENT. (1) An active member with five (5) years of membership service is eligible for disability retirement.
(2) A police officer member, general member, or a paid firefighter hired on or after July 1, 1993, who is not eligible for service retirement is eligible for disability retirement if disabled, as provided in section 59-1302(12), Idaho Code, on or after the first day of employment as a result of bodily injury or disease from an occupational cause.
(3) Only active members, and inactive members whose date of last contribution as an active member was less than one (1) year prior to the date of application, are eligible to apply for disability retirement.
History:
[59-1352, added 1990, ch. 231, sec. 40, p. 637; am. 1993, ch. 178, sec. 1, p. 458; am. 1993, ch. 251, sec. 1, p. 875; am. 2000, ch. 68, sec. 1, p. 152; am. 2001, ch. 138, sec. 3, p. 499; am. 2006, ch. 148, sec. 1, p. 462; am. 2007, ch. 44, sec. 2, p. 111; am. 2009, ch. 144, sec. 2, p. 435.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1352A - PUBLIC SAFETY OFFICER PERMANENT DISABILITY BENEFIT.

59-1352A. PUBLIC SAFETY OFFICER PERMANENT DISABILITY BENEFIT. (1) A public safety officer who is ruled by the retirement system to be permanently disabled, as provided in sections 59-1302(12) and 59-1352, Idaho Code, on or after July 1, 2009, as a result of bodily injury or disease sustained in the line of duty is eligible for a onetime permanent disability benefit in the amount of one hundred thousand dollars ($100,000), which shall be payable as provided in this section to the permanently disabled public safety officer.
(2) Public safety officers who qualify and who seek the benefit under this section shall apply to the retirement board. No benefit shall be payable unless the retirement board determines that:
(a) The permanent disability occurred in the line of duty;
(b) The permanent disability was not caused by the intentional misconduct of the public safety officer or by the public safety officer’s intentional infliction of injury; and
(c) The public safety officer was not voluntarily intoxicated at the time of the event causing the permanent disability.
(3) As used in this section, "public safety officer" means an active member of the retirement system who, when injured:
(a) Was designated as a police officer member under section 59-1303, Idaho Code;
(b) Was a firefighter as defined in section 59-1302(16), Idaho Code; or
(c) Was a paid firefighter as defined in section 72-1403(A), Idaho Code.
(4) The benefit payable under this section is as follows:
(a) Separate from and independent of any benefits payable to the public safety officer under this chapter;
(b) Not dependent upon years of service or age of the public safety officer; and
(c) Shall not be subject to state income taxes.
(5) It is the intent of the legislature that this benefit shall be funded solely by public safety officers in perpetuity and not by an employer, as defined in section 59-1302(15), Idaho Code. Therefore, the costs associated with providing this benefit, as determined by the board, shall be paid solely by the public safety officers.
History:
[59-1352A, added 2009, ch. 158, sec. 1, p. 476; am. 2020, ch. 97, sec. 1, p. 256.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1353 - COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES.

59-1353. COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES. (1) The base disability retirement allowance of any member shall be equal to an initial service retirement allowance, as defined in section 59-1342, Idaho Code, based upon the years of service which would have been credited to the member had the member continued in eligible employment until service retirement eligibility age, as defined in section 59-1341, Idaho Code. Provided, however, that the total years of credited service shall not exceed the greater of:
(a) Thirty (30) years; or
(b) The member’s accrued membership and prior service.
(2) The annual amount of disability retirement allowance shall equal the excess, if any, of (a) over (b), where:
(a) Is the base disability retirement allowance provided in subsection (1) of this section; and
(b) Is the sum of:
(i) Any payment or portion of a payment under the provisions of any workers’ compensation law for income benefits because of the same disability, which payment is not being offset by federal social security disability benefits; and
(ii) The service retirement allowance payable under the provisions of section 59-1342, Idaho Code, where the member is the older of either age sixty-two (62) or the respective service retirement eligibility age provided in section 59-1341, Idaho Code.
(3) If a single payment is made under the provisions of any workers’ compensation law and such single payment is in lieu of periodic income payments, for the purposes of this section such single payment shall be converted, pursuant to regulations adopted by the board, to equal periodic payments of the same number of months for which the worker’s compensation payment is awarded.
(4) Each adjustment in the payment of a disability retirement allowance due to a change in the amount payable under the provisions of any workers’ compensation law shall take effect on the first of the month following the month in which such change is effective.
History:
[(59-1353) 1963, ch. 349, Art. 6, sec. 2, p. 988; am. 1974, ch. 57, sec. 12, p. 1118; am. and redesig. 1990, ch. 231, sec. 41, p. 637; am. 1991, ch. 61, sec. 6, p. 149; am. 1993, ch. 251, sec. 2, p. 876.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1354 - TIME FOR PAYMENT OF DISABILITY RETIREMENT ALLOWANCE.

59-1354. TIME FOR PAYMENT OF DISABILITY RETIREMENT ALLOWANCE. (1) A disability retirement allowance shall become payable to a member on the first of the month next following the later of:
(a) The day salary, sick leave or other temporary compensation benefits terminate under any plan paid for in whole or in part by the employer of the member; or
(b) The day five (5) months after the member becomes eligible for disability retirement.
(2) The disability retirement allowance shall be paid monthly thereafter to, but not including, the first of the month next following the earliest of the date:
(a) Of the retired member’s death;
(b) That the retired member elects to receive an early or service retirement allowance;
(c) That the retired member ceases to be disabled, provided however, that a retired member, who subsequent to becoming a disability retiree serves on any state board or commission that is statutorily required to meet once per month or less and, who is not an employee as defined in this chapter by virtue of such service, shall not be deemed to have ceased to be disabled because of such service; or
(d) That the member waives, in writing, the member’s disability allowance.
(3) When a disability retirement allowance ceases pursuant to subsection (2)(b) of this section, the early or service retirement allowance shall become payable on the first of the month following the date of the last payment of the disability retirement allowance.
(4) Effective the date a disability retirement allowance ceases pursuant to subsections (2)(c) and (d) of this section, the member’s status shall be inactive unless the member again becomes an employee or elects either early or service retirement.
History:
[(59-1354) 1963, ch. 349, Art. 5, sec. 3, p. 988; am. 1969, ch. 283, sec. 4, p. 586; am. 1976, ch. 97, sec. 5, p. 410; am. 1981, ch. 10, sec. 4, p. 18; am. and redesig. 1990, ch. 231, sec. 42, p. 638; am. 1993, ch. 251, sec. 3, p. 876; am. 2012, ch. 115, sec. 1, p. 317.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1354A - MEMBERS RECEIVING A DISABILITY RETIREMENT RETURNING TO WORK.

59-1354A. MEMBERS RECEIVING A DISABILITY RETIREMENT RETURNING TO WORK. (1) A retired member receiving a disability retirement allowance may return to work under the following conditions:
(a) The retired member must notify the executive director in writing in advance of the return to work; and
(b) The disability retirement allowance shall terminate upon such notification.
(2) The disability retirement allowance of a retired member who returns to work under subsection (1) of this section shall resume if:
(a) The retired member terminates his return to work within one hundred fifty (150) days from the date of the notification required in subsection (1)(a) of this section;
(b) The retired member makes a written request to the board; and
(c) The board determines that the member is disabled, as defined in section 59-1302(12), Idaho Code, and that the member could not successfully return to work because of the same disability on which his disability retirement was based.
(3) In making its decision, the board may require the member to submit medical records in support of his request and may require the member to submit to a medical examination. The refusal to submit such records or to submit to such examination shall constitute proof that the member is not disabled. If the board requires a medical examination, any costs associated with such examination must be paid by the member. A disability retirement allowance that is resumed under this section shall be payable the first of the month after the board makes the determination described herein.
(4) If a retired member receiving a disability retirement allowance who returns to work again meets the definition of employee as defined in section 59-1302(14)(A), Idaho Code, eligibility for disability retirement shall be determined in accordance with sections 59-1302(12), 59-1352 and 59-1354, Idaho Code.
(5) For the purposes of this section, "return to work" means being engaged in any activity for which compensation is normally paid but shall not include service on any state board or commission that is statutorily required to meet once per month or less where the retired member is not an employee as defined in this chapter by virtue of such service.
History:
[59-1354A, added 2010, ch. 101, sec. 1, p. 197; am. 2012, ch. 115, sec. 2, p. 318.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1358 - COMPUTATION OF SEPARATION BENEFITS.

59-1358. COMPUTATION OF SEPARATION BENEFITS. The separation benefit shall equal the excess, if any, of the member’s accumulated contributions at the time the benefit becomes payable over the aggregate of all retirement allowance payments ever made to the member.
History:
[(59-1358) 1963, ch. 349, Art. 6, sec. 5, p. 988; am. and redesig. 1990, ch. 231, sec. 46, p. 640.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1359 - SEPARATION BENEFITS.

59-1359. SEPARATION BENEFITS. (a) The separation benefit, if any, shall become payable upon the written request of an inactive member who has been separated from employment. If the person who received a separation benefit is reemployed or reinstated by the same employer within ninety (90) days or is guaranteed a right to employment or reinstatement with the same employer, the person shall repay to the system any separation benefit paid.
(b) A separation benefit shall automatically be payable three (3) years after a person becomes an inactive member if the inactive member is not a vested member, has accumulated contributions of less than one thousand dollars ($1,000), and has been separated from employment and is not reemployed or reinstated by the same employer within ninety (90) days.
(c) For purposes of this section, "separated from employment" means the inactive member terminated all employment with the employer. An inactive member is not considered to have separated from employment if he continues performing services for the same employer in any capacity including, but not limited to, independent contractor, leased employee, or temporary services. For purposes of this section, "same employer" means the employer for which the person last worked prior to being separated from employment.
(d) Any member may elect to have eligible rollover distributions paid directly to a specified eligible retirement plan as required by 26 U.S.C. section 401(a)(31).
History:
[(59-1359) 1963, ch. 349, Art. 5, sec. 4, p. 988; am. 1965, ch. 165, sec. 2, p. 324; am. 1971, ch. 49, sec. 6, p. 105; am. 1987, ch. 164, sec. 3, p. 324; am. and redesig. 1990, ch. 231, sec. 47, p. 640; am. 1993, ch. 350, sec. 7, p. 1304; am. 1996, ch. 243, sec. 3, p. 774; am. 1998, ch. 193, sec. 2, p. 697; am. 1999, ch. 199, sec. 6, p. 527; am. 2006, ch. 152, sec. 1, p. 467; am. 2007, ch. 44, sec. 4, p. 112.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1360 - CESSATION OF MEMBERSHIP — REINSTATEMENT.

59-1360. CESSATION OF MEMBERSHIP — REINSTATEMENT. A person shall cease to be a member when the person’s accumulated contributions are paid to the person. After again becoming an employee the member may reinstate previous credited service by repaying to the retirement fund the full amount of all prior accumulated contributions provided such repayment includes payment of interest as determined by the board.
History:
[(59-1360) 1963, ch. 349, Art. 3, sec. 2, p. 988; am. 1971, ch. 49, sec. 4, p. 105; am. 1976, ch. 97, sec. 2, p. 409; am. 1984, ch. 129, sec. 1, p. 304; am. and redesig. 1990, ch. 231, sec. 48, p. 640; am. 1991, ch. 17, sec. 1, p. 37; am. 1993, ch. 350, sec. 8, p. 1304.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1361A - PUBLIC SAFETY OFFICER DEATH BENEFITS.

59-1361A. PUBLIC SAFETY OFFICER DEATH BENEFITS. (1) On and after July 1, 2003, in the event a public safety officer dies as the direct and proximate result of a personal injury sustained in the line of duty, a death benefit in the amount of one hundred thousand dollars ($100,000) shall be payable as provided in this section to the officer’s surviving spouse or, in the event there is no surviving spouse, divided among the officer’s dependent children.
(2) Application for benefits under this chapter shall be made to the retirement board. No benefit shall be payable unless it is established, as determined by the retirement board, that:
(a) The officer’s death occurred in the line of duty as defined in regulations issued by the United States department of justice pursuant to 42 U.S.C. section 3796, except as modified by the retirement board;
(b) The death was not caused by the intentional misconduct of the officer or by such officer’s intentional infliction of injury;
(c) The officer was not voluntarily intoxicated at the time of death; and
(d) Benefit payments will not be paid to a person whose actions were a substantial contributing factor to the death of the officer.
(3) As used in this section:
(a) "Dependent child" means a surviving natural or legally adopted child who is under twenty-one (21) years of age at the time of the officer’s death. Benefits to dependent children shall be paid in accordance with the provisions of the Idaho uniform transfers to minors act, as set forth in chapter 8, title 68, Idaho Code; provided that when there are multiple dependent children, the benefit shall be divided equally among them.
(b) "Public safety officer" means an active member of the retirement system who when injured:
(i) Was designated as a police officer member under section 59-1303, Idaho Code, and had been treated as such for contribution purposes;
(ii) Was a "firefighter" as defined in section 59-1302(16), Idaho Code; or
(iii) Was a "paid firefighter" as defined in section 72-1403(A), Idaho Code.
(4) Benefits payable under this section:
(a) Are separate from and independent of any benefits payable under section 59-1361, Idaho Code;
(b) Are not dependent on years of service or age of the public safety officer; and
(c) Shall not be subject to state income taxes.
(5) The costs of providing this benefit, as determined by the board, shall be paid by the employers of public safety officers as an additional contribution component separate and distinct from all other obligations under this chapter. Such costs will be paid in a manner as determined by the board.
History:
[59-1361A, added 2003, ch. 238, sec. 1, p. 614.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1362 - PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES.

59-1362. PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES. (1) If a member is entitled to reemployment rights related to the member’s active duty service under the uniformed services employment and reemployment rights act of 1994 (USERRA), as amended, any period of that active duty service that is not eligible to be credited as military service under section 59-1302(23), Idaho Code, may be credited as membership service if the member pays employee contributions for that period as required in this section.
(2) The member must pay employee contributions or enter into an agreement to do so and begin making payments within ninety (90) days from the date of reemployment. If the member pays employee contributions or enters into an agreement to do so, the employer will be responsible for paying employer contributions for the same period within thirty (30) days thereafter. Both employee and employer contributions will be based upon compensation the member would have received but for the period of active duty service.
(3) The member may have up to five (5) years to repay employee contributions, with interest accruing only from the date of return from active duty service. If the member terminates employment prior to repaying all the employee contributions related to the eligible period as agreed, membership service will be granted only for the period for which contributions were paid.
(4) All periods of active duty service that do not qualify as "military service" under section 59-1302(23), Idaho Code, or for purchase of membership service under this section, must be purchased under section 59-1363, Idaho Code.
History:
[59-1362, added 2000, ch. 281, sec. 1, p. 904; am. 2002, ch. 9, sec. 1, p. 12; am. 2007, ch. 44, sec. 5, p. 112.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1363 - PURCHASE OF MEMBERSHIP SERVICE.

59-1363. PURCHASE OF MEMBERSHIP SERVICE. (1) Notwithstanding any other provision of this chapter, an active or inactive member who is vested may purchase up to forty-eight (48) months of membership service.
(2) The cost of purchases under this section shall be the full actuarial costs of the service as determined by the board. The board may provide for payment options, including periodic payments, but no service shall be credited until payment has been made in full. The member shall be solely responsible for the costs of such purchased service, except that an employer may participate in the costs at its option.
(3) In no event shall any member be allowed to purchase in the aggregate more than forty-eight (48) months of membership service under this section.
History:
[59-1363, added 2000, ch. 440, sec. 1, p. 1401; am. 2002, ch. 9, sec. 2, p. 12; am. 2007, ch. 44, sec. 6, p. 113.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1365 - VOLUNTARY UNUSED SICK LEAVE POOL.

59-1365. VOLUNTARY UNUSED SICK LEAVE POOL. The board is authorized to establish and administer an unused sick leave pool for the voluntary participation of employer units not eligible to participate in other statutorily created sick leave arrangements. The pool shall be funded entirely by the contributions of participating employer units and the board may charge reasonable administrative expenses for administration. The requirements, rates and parameters for participation in the pool will be set forth by rules of the board.
History:
[59-1365, added 2000, ch. 30, sec. 1, p. 56.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1381 - MERGER OF CITY SYSTEMS INTO STATE EMPLOYEE SYSTEM — DEFINITIONS.

59-1381. MERGER OF CITY SYSTEMS INTO STATE EMPLOYEE SYSTEM — DEFINITIONS. As used in this chapter, each of the terms defined shall have the meaning given in this section or in section 59-1302, Idaho Code, unless a different meaning is clearly required by the context.
(a) "Board" means the retirement board of the employee system.
(b) "City member" means a person receiving benefits or establishing the right to receive benefits from a city system.
(c) "City system" means the Boise city employee’s retirement system and any policeman’s retirement system established and operated by virtue of any city ordinance, charter, or pursuant to the provisions of chapter 15, title 50, Idaho Code.
(d) "Employee system" means the retirement system created by and existing through the provisions of chapter 13, title 59, Idaho Code.
(e) "Employer" means a city having a city system.
History:
[(59-1381) 1971, ch. 26, sec. 1, p. 68; am. and redesig. 1990, ch. 231, sec. 56, p. 643.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1382 - CITY ORDINANCE ELECTING MERGER — CONTRACT WITH BOARD.

59-1382. CITY ORDINANCE ELECTING MERGER — CONTRACT WITH BOARD. Any city having a city system may elect to merge its city system with the employee system by the enactment of an ordinance declaring such intention; the provisions of section 50-1503, Idaho Code, and section 50-1524, Idaho Code, notwithstanding. Thereupon the board of the employee system may upon such terms as are set forth in a contract between the board and employer integrate the city system of the employer into the employee system.
History:
[(59-1382) 1971, ch. 26, sec. 2, p. 68; am and redesig. 1990, ch. 231, sec. 57, p. 644.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1383 - TRANSFER OF ASSETS, LIABILITIES, DUTIES, AND RIGHTS TO STATE EMPLOYEE SYSTEM — GOVERNING BOARD OF CITY SYSTEM ABOLISHED.

59-1383. TRANSFER OF ASSETS, LIABILITIES, DUTIES, AND RIGHTS TO STATE EMPLOYEE SYSTEM — GOVERNING BOARD OF CITY SYSTEM ABOLISHED. On its date of establishment all of the funds, assets, liabilities, duties, obligations and rights of the governing board of the city system and of all city members being integrated into the employee system shall be transferred to the employee system. The governing board of such a city system is by this chapter abolished. On and after the date of establishment, benefits payable to annuitants and beneficiaries of such a city system shall become the obligation of the employee system and shall be paid in the same amount as established by such a city system, except that on and after the date of establishment future monthly benefits shall be subject to the provisions of section 59-1356 [59-1355], Idaho Code. The funds of such a city system are by this chapter abolished. The custodian of the fund of such a city system shall transfer all cash on hand in such fund to the state treasurer for deposit in the clearing account of the employee system, and all evidence of indebtedness arising from invested money of said fund to the funding agent as designated by the board. The money and property of such funds shall become the money and property of the employee system.
History:
[(59-1383) 1971, ch. 26, sec. 4, p. 68; am. and redesig. 1990, ch. 231, sec. 58, p. 644.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1384 - BENEFITS NOT REDUCED.

59-1384. BENEFITS NOT REDUCED. Benefits paid city members or their beneficiaries shall never be less than the benefits they would have received from the city systems if such systems had not been integrated with the employee system.
History:
[(59-1384) 1971, ch. 26, sec. 5, p. 68; am. and redesig. 1990, ch. 231, sec. 59; p. 644.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1385 - CONTRIBUTIONS BY EMPLOYER — ADJUSTMENT TO EQUALIZE BENEFITS PAYABLE AND ASSETS TRANSFERRED — CORPORATE TAX BY CITY TO PAY CONTRIBUTIONS.

59-1385. CONTRIBUTIONS BY EMPLOYER — ADJUSTMENT TO EQUALIZE BENEFITS PAYABLE AND ASSETS TRANSFERRED — CORPORATE TAX BY CITY TO PAY CONTRIBUTIONS. (a) Each employer shall contribute to the cost of benefits under the system, pursuant to section 59-1322, Idaho Code. On the date of establishment and from time to time thereafter, the board shall conduct studies of those benefits payable under section 59-1384, Idaho Code, which are in excess of those otherwise earned in accordance with chapter 13, title 59, Idaho Code. If, for any such employer, such study indicates the value of such benefits exceeds the amount of money and property transferred in accordance with section 59-1383, Idaho Code, said amount being adjusted for interest and for any previous payments in accordance with this section and section 59-1384, Idaho Code, such excess value shall be computed as an additional contribution to be paid by such employer. In the event said amount so adjusted shall exceed said value of such benefits, the excess shall be immediately payable to such employer by the employee system.
(b) Each such employer may levy a special tax on all assessed property within its corporate limits solely for the purpose of paying all or a portion of such contributions.
History:
[(59-1385) 1971, ch. 26, sec. 3, p. 68; am. and redesig. 1990, ch. 231, sec. 60, p. 644.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1391 - DEFINITIONS.

59-1391. DEFINITIONS. As used in sections 59-1391 through and including 59-1399, Idaho Code, each of the terms defined shall have the meaning given in this section or in section 59-1302, Idaho Code, unless a different meaning is clearly required by the context.
(a) "Board" means the retirement board of the employee system.
(b) "Firefighter member" means a person or beneficiary who, prior to October 1, 1980, was receiving benefits or establishing the right to receive benefits from the firefighters’ retirement fund.
(c) "Firefighters’ retirement fund" means the retirement system created by and existing pursuant to chapter 14, title 72, Idaho Code.
(d) "Employee system" means the retirement system created and existing pursuant to chapter 13, title 59, Idaho Code.
(e) "Employer" means a city or fire district that employs paid firefighters who are participating in the firefighters’ retirement fund on October 1, 1980.
(f) "Paid firefighter" means any individual, male or female, excluding office secretaries on the payroll of any city or fire district in the state of Idaho who devotes his or her principal time of employment to the care, operation, maintenance or the requirements of a regularly constituted fire department of such city or fire district in the state of Idaho.
History:
[(59-1391) 59-1351, added 1979, ch. 147, sec. 1, p. 452; am. 1980, ch. 50, sec. 39, p. 102; am. 1984, ch. 132, sec. 8, p. 318; am. and redesig. 1990, ch. 231, sec. 61, p. 645; am. 1990, ch. 249, sec. 9, p. 713.; am. 2013, ch. 187, sec. 15, p. 463.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1392 - TRANSFER OF ALL ASSETS, LIABILITIES, DUTIES, OBLIGATIONS AND RIGHTS OF THE FIREFIGHTERS’ RETIREMENT FUND TO THE EMPLOYEE SYSTEM.

59-1392. TRANSFER OF ALL ASSETS, LIABILITIES, DUTIES, OBLIGATIONS AND RIGHTS OF THE FIREFIGHTERS’ RETIREMENT FUND TO THE EMPLOYEE SYSTEM. All of the funds, assets, liabilities, duties, obligations and rights provided for by chapter 14, title 72, Idaho Code, shall be transferred to, and integrated with, the employee system on October 1, 1980. Benefits payable to firefighter members shall become the obligation of the employee system on October 1, 1980. Cash on hand in the firefighters’ retirement fund shall be deposited to the credit of the public employee retirement fund as provided in section 59-1311, Idaho Code.
History:
[(59-1392) 1979, ch. 147, sec. 2, p. 453; am. and redesig. 1990, ch. 231, sec. 62, p. 645.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1393 - CONTRIBUTIONS.

59-1393. CONTRIBUTIONS. (1) Employers shall deduct, withhold and remit contributions from the salaries of paid firefighters who were employed as paid firefighters prior to October 1, 1980, as provided by section 72-1431, Idaho Code.
(2) Employers shall make payments required by the provisions of section 72-1432, Idaho Code, for all paid firefighters employed prior to October 1, 1980.
(3) Employers shall deduct, withhold and remit contributions from the salaries of paid firefighters, whose employment begins on or after October 1, 1980, and make employer contributions for such paid firefighters, as provided in chapter 13, title 59, Idaho Code, on and after October 1, 1980.
History:
[(59-1393) 1979, ch. 147, sec. 3, p. 453; am. 1980, ch. 50, sec. 40, p. 102; am. and redesig. 1990, ch. 231, sec. 63, p. 646.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1394 - EXCESS COSTS — ADDITIONAL CONTRIBUTIONS.

59-1394. EXCESS COSTS — ADDITIONAL CONTRIBUTIONS. (1) In addition to the employee and employer contributions required by chapter 14, title 72, Idaho Code, additional contributions shall be required to fund the provisions of section 59-1397, Idaho Code. These costs shall be borne by employers and by the state of Idaho as hereinafter provided.
(a) Fifty percent (50%) of the gross receipts by the state of the tax on fire insurance premiums, as provided by section 41-402, Idaho Code, is hereby perpetually appropriated to the public employee retirement account for the purpose of partially funding the benefit payment requirements imposed by the provisions of chapter 14, title 72, Idaho Code.
(b) The board shall conduct studies from time to time of the benefits prescribed by section 59-1397, Idaho Code, to determine the additional contributions required to fund the rights conferred by chapter 14, title 72, Idaho Code, above and beyond the initial contribution from the fire insurance premium tax required by subsection (1) (a) of this section. If such studies indicate the value of the benefits exceeds the required contributions otherwise prescribed, the board shall establish an additional contribution rate necessary to bring the amounts into balance. The cost of such additional contribution shall be borne equally by the employers through additional contributions and the state of Idaho through the fire insurance premium tax. In addition to appropriation of the fire insurance premium tax contained in subsection (1) (a) of this section, the amount of the gross receipts by the state of the tax on fire insurance premiums, as provided by section 41-402, Idaho Code, necessary to match dollar for dollar the additional contribution required of employers is hereby perpetually appropriated commencing July 1, 1980 to the public employee retirement account for the purpose of subsection (1) (b) of this section. If the matching funds herein provided equal one hundred percent (100%) of the gross receipts from the fire insurance premium tax, the employers shall contribute the balance of the monies required to meet the required contribution rate. The additional contribution rate from the employers commencing October 1, 1980 shall be ten percent (10%) of the pay period salary of each paid firefighter until next determined by the board.
(2) Nothing herein contained shall prevent the board from contracting with employers to provide a schedule of contributions which will retire any excess cost over a given period of time, not to exceed fifty (50) years. In the event that such agreements are reached, the amount of the fire insurance premium tax necessary to match additional employer contributions is continuously appropriated for that purpose.
History:
[(59-1394) 1979, ch. 147, sec. 7, p. 454; am. 1980, ch. 50, sec. 44, p. 103; am. and redesig. 1990, ch. 231, sec. 64, p. 646; am. 1996, ch. 208, sec. 14, p. 672; am. 1996, ch. 322, sec. 57, p. 1086.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1395 - MEMBERSHIP RIGHTS AND DUTIES.

59-1395. MEMBERSHIP RIGHTS AND DUTIES. The rights, benefits, memberships, payments, duties and obligations of paid firefighters whose employment begins on or after October 1, 1980, with respect to membership and participation in the employee system shall be governed by the provisions of chapter 13, title 59, Idaho Code.
History:
[(59-1395) 1979, ch. 147, sec. 4, p. 453; am. 1980, ch. 50, sec. 41, p. 103; am. and redesig. 1990, ch. 231, sec. 65, p. 647.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1396 - LIMIT ON SEPARATION BENEFIT.

59-1396. LIMIT ON SEPARATION BENEFIT. (1) When a firefighter member who was employed prior to October 1, 1980, terminates employment and seeks return of his or her accumulated contributions, such contributions shall be returned as provided under the provisions of section 72-1444, Idaho Code.
(2) When a paid firefighter whose employment began on or after October 1, 1980, terminates employment and seeks return of his or her accumulated contributions, such contributions shall be returned as provided by sections 59-1358 and 59-1359, Idaho Code.
History:
[(59-1396) 1979, ch. 147, sec. 5, p. 454; am. 1980, ch. 50, sec. 42, p. 103; am. and redesig. 1990, ch. 231, sec. 66, p. 647; am. 2001, ch. 138, sec. 4, p. 499.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1397 - BENEFITS PAYABLE.

59-1397. BENEFITS PAYABLE. The combined rights and benefits of paid firefighters who were employed prior to October 1, 1980, shall not be less than the rights and benefits they would have received from the firefighters’ retirement fund, had the fund not been integrated with the employee system.
History:
[(59-1397) 1979, ch. 147, sec. 6, p. 454; am. 1980, ch. 50, sec. 43, p. 103; am. and redesig. 1990, ch. 231, sec. 67, p. 647.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1398 - MEMBERSHIP IN SOCIAL SECURITY.

59-1398. MEMBERSHIP IN SOCIAL SECURITY. The provisions of the federal social security system are hereby made applicable to all paid firefighters hired for the first time on or after October 1, 1980.
History:
[(59-1398) 1979, ch. 147, sec. 8, p. 455; am. 1980, ch. 50, sec. 45, p. 104; am. and redesig. 1990, ch. 231, sec. 68, p. 648.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM › Section 59-1399 - COOPERATION OF STATE INSURANCE FUND.

59-1399. COOPERATION OF STATE INSURANCE FUND. The director of the state insurance fund is hereby authorized and directed to cooperate with and furnish necessary information to the board to accomplish the purposes of this chapter.
History:
[(59-1399) 1979, ch. 147, sec. 10, p. 456; am. and redesig. 1990, ch. 231, sec. 69, p. 648.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1401 - SHORT TITLE.

59-1401. SHORT TITLE. This act shall be known and may be cited as the "Emergency Interim Executive and Judicial Succession Act."
History:
[59-1401, added 1961 (Ex. Sess.), ch. 2, sec. 1, p. 12.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1402 - DECLARATION OF POLICY.

59-1402. DECLARATION OF POLICY. Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of governor; to provide for emergency interim succession to governmental offices to this state, and its political subdivisions, in the event the incumbents thereof (and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices–hereinafter referred to as deputy) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
History:
[59-1402, added 1961 (Ex. Sess.), ch. 2, sec. 2, p. 12.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1403 - DEFINITIONS.

59-1403. DEFINITIONS. Unless otherwise clearly required by the context, as used in this act:
(a) Unavailable means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(b) Emergency interim successor means a person designated pursuant to this act, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(c) Office includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of governor, and except those in the legislature and the judiciary.
(d) Attack means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or process.
(e) Political subdivision includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
History:
[59-1403, added 1961 (Ex. Sess.), ch. 2, sec. 3, p. 12.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1404 - ADDITIONAL SUCCESSORS TO OFFICE OF GOVERNOR.

59-1404. ADDITIONAL SUCCESSORS TO OFFICE OF GOVERNOR. In the event that the governor, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the lieutenant governor, president pro tempore of the senate, and the speaker of the house of representatives be for any of the reasons specified in the constitution not able to exercise the powers and discharge the duties of the office of governor, or be unavailable, the secretary of state and state controller shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available; Provided, however, that no emergency interim successor to the aforementioned offices may serve as governor.
History:
[59-1404, added 1961 (Ex. Sess.), ch. 2, sec. 4, p. 12; am. 1994, ch. 180, sec. 143, p. 512.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1405 - EMERGENCY INTERIM SUCCESSORS FOR STATE OFFICERS.

59-1405. EMERGENCY INTERIM SUCCESSORS FOR STATE OFFICERS. All state officers subject to such regulations as the governor (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) may issue, shall, upon approval of this act, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary designations made pursuant to this act to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three (3), nor more than seven (7), such deputies or emergency interim successors or any combination thereof, at any time. In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor under the constitution or authority other than this act (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer or his deputy or a preceding named emergency interim successor) becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his office.
History:
[59-1405, added 1961 (Ex. Sess.), ch. 2, sec. 5, p. 12.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 14 - EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT › Section 59-1406 - ENABLING AUTHORITY FOR EMERGENCY INTERIM SUCCESSORS FOR LOCAL OFFICES.

59-1406. ENABLING AUTHORITY FOR EMERGENCY INTERIM SUCCESSORS FOR LOCAL OFFICES. With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of the act.
History:
[59-1406, added 1961 (Ex. Sess.), ch. 2, sec. 6, p. 12.]