reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.308 - CONTRIBUTIONS DUE WHILE MEMBER IS RECEIVING WORKER'S COMPENSATION

Current through August 31, 2023
01.
Contributions Due and Payable
. Contributions are due and payable on whatever percentage of salary is paid while the member is on a leave of absence occasioned by an approved worker's compensation claim and the member will be entitled to a month of membership service credit for each month the member remains eligible. (3-31-22)
02.
Accruing Service
. This means for an employee to continue accruing service the employer must continue to pay salary equal to the lesser of: (3-31-22)
a. The amount necessary to meet the statutory definition of employee (half-time at the pre-injury rate or more), or (3-31-22)
b. The employee's full-time salary less the employee's worker's compensation income benefit. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.309 - VACATION AND CONTRACTUAL PAYMENTS SUBJECT TO CONTRIBUTIONS

Current through August 31, 2023
Compensation paid for vacation or remaining contractual payments is salary subject to employee and employer contributions and earns membership credit through the effective date of separation from employment at the usual rate of compensation. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.310. - 324 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.325 - TRANSFER OF CONTRIBUTIONS TO PERSI

Current through August 31, 2023
Employee and employer contributions shall be calculated and forwarded to PERSI by each employer for each employee that meets the statutory definition of "employee" as defined in Section  59-1302(14), Idaho Code. All Contributions shall be remitted, together with an approved report to PERSI no later than five (5) days after each pay date as provided in Section  59-1325(1), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.326. - 349 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.350 - REGULAR INTEREST

Current through August 31, 2023
Regular interest for each calendar year shall be the greater of ninety percent (90%) of the rate of return on the PERSI fund net of all expenses for the fiscal year ending immediately prior to the calendar year as reported in the actuary's annual valuation report or one percent (1%). (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.351 - INTEREST - MEMBER CONTRIBUTIONS

Current through August 31, 2023
Regular interest as defined in Section  59-1302(26), Idaho Code, and Section  300  in this subchapter, shall accrue to and be credited monthly to a member's accumulated contributions. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.352 - REINSTATEMENT INTEREST

Current through August 31, 2023
Reinstatement interest for each calendar year shall equal the average of the prime rate on June 30 of the latest three (3) years, plus one percent (1%). For purposes of this rule, the prime rate is the "prime rate" listed in the "Money Rates" section of the Wall Street Journal on June 30, or in the event no rate is listed on June 30, on the latest date preceding June 30 for which a prime rate is listed. Unless otherwise provided by statute or rule, reinstatement interest shall apply to all amounts owed to the fund. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.353. - 374 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.375 - GENERAL RULE

Current through August 31, 2023
Only members of PERSI with five (5) years of credited service are eligible for disability retirement except as provided in Section  59-1352(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.376 - SERVICE RELATED DISABILITY FOR POLICE, GENERAL MEMBERS, AND FIREFIGHTERS

Current through August 31, 2023
Police, general members, and certain firefighter members are eligible for disability retirement beginning from the first day of employment when the disability is caused by occupational hazards, as provided in Section  59-1352(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.400 - APPLYING FOR DISABILITY RETIREMENT

Current through August 31, 2023
Eligible members may apply for disability retirement by completing a required form available from any PERSI office. The application process may include an interview by a PERSI representative. Applicants must release all medical records and information to PERSI. The hours worked to qualify as an employee as defined in Section  59-1302(14), Idaho Code, is inapplicable for purposes of determining disability. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.401 - INITIAL APPLICATION REVIEW

Current through August 31, 2023
Applications will first be reviewed to determine whether the applicant meets eligibility requirements. If all eligibility requirements are met, the application will proceed to disability assessment review. If all eligibility requirements are not met, the applicant will be notified in writing. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.402 - DISABILITY ASSESSMENT REVIEW

Current through August 31, 2023
Applicants will be assessed to determine whether they qualify for disability retirement under the applicable standard. The assessment may include without limitation, records review, medical and psychological examinations, vocational assessments, or any combination thereof as determined by PERSI. Failure to timely comply with any request made by PERSI during the assessment process shall result in automatic denial of disability retirement. At the conclusion of the assessment process, PERSI will notify applicants in writing whether or not they qualify for disability retirement. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.403 - RECONSIDERATION OF DISABILITY ASSESSMENT DECISION

Current through August 31, 2023
Applicants who are denied disability retirement as a result of an adverse disability assessment decision, and wish to contest that decision, are required to participate in a reconsideration process. A request for reconsideration must be made within thirty (30) days of the issuance of the disability assessment decision. Any additional information the applicant wishes to be considered must be submitted to PERSI within thirty (30) days of the request for reconsideration. The additional information will be reviewed and a reconsideration decision will be issued in writing to the applicant. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.404 - ADMINISTRATIVE REVIEW OF THE RECONSIDERATION DECISION

Current through August 31, 2023
A reconsideration decision shall be considered a final decision under Section  59-1314(2), Idaho Code, and may be appealed to the Board for review. In any related administrative hearing, the applicant shall be limited to presenting facts and evidence made available to PERSI in the reconsideration process. No new or additional evidence may be presented at the hearing. If the applicant has additional facts or evidence that were not made available to PERSI during the assessment or reconsideration process, the applicant must submit a new application for disability retirement, proceed again through the assessment process, and pay the costs associated with the second or subsequent assessment process. This rule is intended to promote the efficient use of fund resources by encouraging full and complete disclosure of information during the disability assessment process. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.405 - DELEGATION

Current through August 31, 2023
PERSI may, by contract or otherwise, delegate all or part of these processes to third parties. Where such delegation has been made, the term "PERSI" includes those third parties. When a member requests the resumption of a disability retirement allowance pursuant to Section  59-1354A, Idaho Code, the board may delegate its authority under Section  59-1354A, Idaho Code, to a third party. Where such delegation has been made, the term "Board" includes those third parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.406 - REASSESSMENT OF DISABILITY RETIREES

Current through August 31, 2023
Disability retirees are subject to reassessment of their disability at any time to determine whether they continue to be disabled under the standard in Section  59-1302(12), Idaho Code. However, pursuant to Section  59-1302(12)(b), Idaho Code, after two (2) years of continuous disability retirement, a disability retiree is not required to undergo medical examinations more often than every twelve (12) months. Disability retirees who are notified that they have been selected for reassessment are under the same obligation as applicants to supply information. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.407 - ATTORNEY'S FEES AND COSTS

Current through August 31, 2023
Attorney's fees and costs incurred by an applicant in his efforts to obtain disability retirement are the sole responsibility of the applicant and shall not be paid by PERSI except for fees related to judicial review for which applicant is found to be entitled under applicable law. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.425 - BURDEN ON APPLICANT

Current through August 31, 2023
Applicant must demonstrate that, on or before applicant's last day of employment, he was disabled under the disability standard. The last day of employment is the last day applicant earned compensation, including annual leave and sick leave. When a member requests the resumption of a disability retirement allowance pursuant to Section  59-1354A, Idaho Code, the member must demonstrate that he could not successfully return to work because of the same disability on which his disability retirement was based. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.426 - STATUTORY STANDARD

Current through August 31, 2023
In applying the disability standard in Section  59-1302(12), Idaho Code, substantially all avenues of employment are reasonably closed if the applicant is permanently prevented, due to bodily injury or disease, from performing every substantial and material duty of any occupation for which the applicant is reasonably qualified by education, training or experience. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.428 - HIRE-ABILITY OF APPLICANT

Current through August 31, 2023
The inability of the applicant to secure employment in and around the area where the applicant resides is not considered in determining whether or not the applicant is disabled. If the applicant is able to perform every substantial and material duty of any jobs existing in the economy for which the applicant is reasonably qualified by education, training or experience, the applicant will not be considered disabled regardless of other factors that might affect the applicant's ability to actually secure employment, such as employer decisions and practices or the fact that there are no open positions or that the applicant is not selected for those positions. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.450 - COMMENCEMENT AND DURATION OF DISABILITY ALLOWANCE

Current through August 31, 2023
The commencement and duration of payment of disability benefits is governed by Section  59-1354, Idaho Code. For purposes of Section  59-1354(1)(b), Idaho Code, a member "becomes eligible" on the first of the month following the date selected by the member which follows the date on which the member is unable to and thereafter does not return to work on a regular basis for two (2) consecutive weeks but not later than the date on which the member ceases to make contributions. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.451 - DETERMINING WORKER'S COMPENSATION OFFSET

Current through August 31, 2023
To determine the offset required by Section  59-1353, Idaho Code, the amount payable under the provisions of any worker's compensation law which represents income benefits as defined in Section  72-102, Idaho Code, shall be converted to a monthly equivalent and deducted from the monthly retirement allowance. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.452 - EFFECT OF UNUSED SICK LEAVE ON DISABILITY ALLOWANCE

Current through August 31, 2023
Unused sick leave entitlement provided for by either Section  33-1228,  33-2109A, or  67-5339, Idaho Code, shall not be considered salary or compensation in the application of Section  59-1354(1), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter D - PERSI DISABILITY RULES › Section 59.01.01.475 - APPLICATION OF THIS SUBCHAPTER TO FRF DISABILITY RETIREMENT

Current through August 31, 2023
All the provisions of this subchapter, except Sections  375,  376,  406,  426,  427,  451  and  452, apply also to applications for disability retirement under the FRF plan to the extent they do not conflict with the provisions of Title 72, Chapter 14, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.500 - REPAYMENT OF SEPARATION BENEFITS - EMPLOYEE STATUS

Current through August 31, 2023
Repayment of a separation benefit must commence while the member is an employee, as defined in Section  59-1302(14), Idaho Code. For purposes of this rule the term employee includes employees accruing benefits under the Department of Employment Retirement Plan, the Firefighters' Retirement Fund, and the Policeman's Retirement Fund.
Statutory Reference: Section  59-1360, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.501 - INTEREST ACCRUAL AND CALCULATION ON SEPARATION BENEFITS

Current through August 31, 2023
Repayment of separation benefits as provided in Section  59-1360, Idaho Code, for employees whose most recent date of reemployment is after January 23, 1990, shall include payment of interest that shall accrue from the date each separation benefit was issued. Repayment of separation benefits as provided in Section  59-1360, Idaho Code, for employees whose most recent date of reemployment is before January 23, 1990, shall include payment of interest as determined by the law, statutes and rules in effect on the date of last reinstatement to employee status, except as provided in Section  502  of this subchapter.
Statutory Reference: Section  59-1360, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.502 - REPAYMENT OF SEPARATION BENEFITS BY EMPLOYEES PREVIOUSLY PRECLUDED FROM REPAYMENT

Current through August 31, 2023
Any employee who was precluded from repaying a separation benefit due to the fact they failed to meet the requirements of Section  59-1360, Idaho Code, may reinstate their previous credited service by repaying the full amount of their accumulated contributions provided such repayment includes payment of regular interest accruing from the date of each such separation benefit payment.
Statutory Reference: Section  59-1360, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.503 - METHODS OF REPAYMENT OF SEPARATION BENEFITS

Current through August 31, 2023
01.
Periodic and Lump-Sum Payments
. Where an active member elects to repay a separation benefit to reinstate previous service as provided in Section  59-1360, Idaho Code, the member may request that repayment be made in periodic payments or in a lump-sum payment. No service will be reinstated until the full repayment has been made. (3-31-22)
02.
Repayments Initiated on or After March 1, 2000
. For all repayments initiated on or after March 1, 2000, except as provided in Section  501  of this subchapter, a repayment amount will be determined which shall be the sum of the separation benefit(s) plus regular interest from the date of the benefit payment(s) until the date of the first payment. The repayment amount will be amortized over the repayment period at the reinstatement rate in effect on the date of the first periodic payment. (3-31-22)
03.
Repayments Initiated Before March 1, 2000
. For all periodic repayments initiated before March 1, 2000, a repayment amount will be determined which shall be the sum of the separation benefit(s) plus regular interest from the date of the benefit payment(s) until the date of the first payment. The repayment amount will be amortized over the repayment period at four point seventy-five percent (4.75%) interest. This is a grandfathered rate based on the rate in effect December 31, 1999, and will apply so long as payments exceed interest charges on a calendar year basis. If payments fail to exceed interest charges in any calendar year, the grandfathered rate will be forfeited and replaced by the reinstatement rate beginning in January immediately after the year in which the failure occurs. For purposes of these rules, a repayment is initiated by signing an agreement and making a payment. (3-31-22)
04.
Repayments Under Section  59-1331(2), Idaho Code
. For (waiting period) payments made pursuant to Section  59-1331(2), Idaho Code, a repayment amount shall be determined which shall be the sum of contributions that would have been made plus regular interest from December 31, 1975 until the date of the first payment. The repayment amount will be amortized over the payment period at the reinstatement rate in effect on the date of the first periodic payment. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.504 - IN-SERVICE TRANSFERS TO REINSTATE SERVICE

Current through August 31, 2023
To the extent permitted by federal law, and in accordance with any regulation or other guidance issued by the Internal Revenue Service, an active member may transfer funds from a 401(k), a 403(b), or an eligible 457(b) plan, in which they are currently eligible to participate, to the Base Plan for purposes of buying back service previously forfeited due to receiving a separation benefit, purchasing service related to eligible waiting periods, or purchasing service for periods of delinquent contributions. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.506 - ROLLOVERS ACCEPTED INTO THE BASE PLAN

Current through August 31, 2023
The PERSI Base Plan will accept participant rollover contributions and direct rollovers of distributions made after December 31, 2001, for purposes of reinstating or purchasing service as permitted under the plan, from the following plans. No after-tax contributions may be rolled over into the Base Plan. (3-31-22)
01.
Qualified Plans
. A qualified plan described in section  401(a)  or  403(a)  of the Internal Revenue Code (Code). (3-31-22)
02.
Annuity Contracts
. An annuity contract described in section  403(b)  of the IRS Code. (3-31-22)
03.
457 Plans
. An eligible plan under section  457(b)  of the IRS Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. (3-31-22)
04.
IRAs
. Any portion of a distribution from an individual retirement account or annuity described in section  408(a)  or  408(b)  of the IRS Code that is eligible to be rolled over and would otherwise be includable in gross income. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.507 - DIRECT ROLLOVERS OUT OF THE BASE PLAN

Current through August 31, 2023
A direct rollover is a payment by the plan to an eligible retirement plan specified by the distributee. (3-31-22)
01.
Rollover Election
. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this part, a distributee may elect, at the time and in the manner prescribed by the plan administrator, to have any portion of an eligible rollover distribution that is equal to at least five hundred dollars ($500) paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (3-31-22)
02.
Eligible Rollover Distribution
. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: (3-31-22)
a. Any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (3-31-22)
b. Any distribution to the extent such distribution is required under section  401(a)(9)  of the IRS Code); (3-31-22)
c. Any amount that is distributed on account of hardship; (3-31-22)
d. The portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); and (3-31-22)
e. Any other distribution(s) that is reasonably expected to total less than two hundred dollars ($200) during a year. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.508 - REQUIRED MINIMUM DISTRIBUTIONS

Current through August 31, 2023
01.
Default Application of Federal Requirements
. With respect to distributions under the Base Plan, and except as provided in Subsection  508.06, the Plan will apply the minimum distribution requirements of section  401(a)(9)  of the IRS Code in accordance with a good faith interpretation of section  401(a)(9), notwithstanding any provision of the Base Plan to the contrary. (3-31-22)
02.
Required Beginning Date
. Except as otherwise provided in Subsections  508.04  through  508.08, distributions under the Base Plan shall begin not later than April 1 following the later of (a) the commencement year or (b) the year in which the member retires. For purposes of Section  508, the "commencement year" is the calendar year in which the member reaches age seventy-two (72). (3-31-22)
03.
PERSI Selects Retirement Option
. Any member required to take minimum distributions, as provided in this Section  508, and fails to complete and submit an approved retirement application and select either a regular or optional retirement allowance by April 1 following the later of (a) the commencement year or (b) the year in which the member retires shall be deemed to have made the following selection: (3-31-22)
a. If single, a regular retirement allowance and no other selection shall be required or permitted. (3-31-22)
b. If married, Option 1 and no other selection shall be required or permitted, unless proof is provided that spouse has no community property interest in the benefit. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter E - PERSI SEPARATION FROM SERVICE RULES › Section 59.01.01.509 - TRANSFERS TO NON-SPOUSE BENEFICIARIES

Current through August 31, 2023
Notwithstanding any other provision of the Base Plan to the contrary that would otherwise limit the options of the beneficiary of a deceased member who is not the member's spouse, the administrator shall, upon the request of such a beneficiary, transfer a lump sum distribution to the trustee of an individual account established under Section  408  of the IRS Code in accordance with the provisions of Section  402(e)(11)  of the IRS Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.525 - AVERAGE MONTHLY SALARY COMPUTATION - EQUITABLE TREATMENT - DIFFERENT WORK PERIODS

Current through August 31, 2023
Equitable treatment for all members can be achieved only if members whose career patterns covering the same time frame and who received identical annual salaries during each of the twelve-month periods of that time frame accrue the same monthly service retirement allowance. To achieve this equity for the member whose annual salary has been paid on other than a twelve-month salary schedule during any contractual or like twelve-month period, the average monthly salary used for each one of those twelve-month periods will be determined from the total base period salary by using a divisor representing the months of membership service which would have been accumulated at that rate over a full base period.
Statutory Reference: Sections  59-1302(5A),  59-1391(b), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.526 - UNUSUAL COMPENSATION PATTERN EFFECT ON RETIREMENT CALCULATION

Current through August 31, 2023
Upon application for a retirement benefit, any portion of compensation which represents payments in excess of and inconsistent with the usual compensation pattern, for example, but not limited to lump sum contract payouts, excess vacation paid but not taken, paid sick leave, or a clothing allowance will not be considered in determining benefits. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.527 - MAXIMUM RETIREMENT ALLOWANCE

Current through August 31, 2023
If the amount of a member's initial retirement allowance on the date of retirement would exceed the average salary during the member's highest thirty-six (36) consecutive calendar months of salary, then the member's initial retirement allowance will be limited to the greater of: the average salary during the highest thirty-six (36) consecutive calendar months of salary; or the initial retirement allowance based on credited service through April 1990. Optional retirement allowances will be computed after any limitation above has been applied. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.528 - MEMBER NOTIFIED OF AVAILABLE RETIREMENT OPTIONS PRIOR TO BOARD APPROVAL

Current through August 31, 2023
The Retirement Board shall not act on any application for retirement unless the member has previously been provided with notification of the regular retirement option and options one (1) and two (2) election available to the member including the value of the monthly allowance of each. The value of options three (3) and four (4) will be provided if the member so requests the value of the option and provides information required to calculate that option (such as but not limited to social security benefit estimates) which is not available to PERSI but that can be provided by the member. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.531 - RETIREMENT APPLICATIONS

Current through August 31, 2023
Except as provided in this rule, a member is required to complete and submit an approved retirement application and select either a regular or optional retirement allowance. The member's signature must be notarized. The application for retirement indicating the election made by the retiring member shall also be signed by the spouse certifying the spouse understands and consents to the election made by the member. The spouse's signature must be notarized. Until an application for retirement is filed, no benefit payment is required. Applications with retroactive retirement dates are entitled to lump sum payments and do not include interest. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.532 - PAYMENT DATE OF EARLY OR SERVICE RETIREMENT ALLOWANCE - GENERAL MEMBERS

Current through August 31, 2023
As set forth by Section  59-1344, Idaho Code, a PERSI member's service retirement allowance or early retirement allowance is payable on the first of the month following the month in which the member ceases to be an employee while eligible for either of these forms of retirement.
Statutory References: Section  59-1344  and  59-1356(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.533 - ELECTED OR APPOINTED OFFICIAL WORKING FOR MULTIPLE STATE AGENCIES, POLITICAL SUBDIVISIONS OR GOVERNMENT ENTITIES

Current through August 31, 2023
An active member separated from employment by one (1) state agency, political subdivision or government entity for whom he or she did normally work twenty (20) hours or more per week and who is age sixty-two (62) or older and eligible to retire but remains an elected or appointed official with a different state agency, political subdivision or government entity, may retire and continue in that elected or appointed position provided that position is one in which he or she does not normally work twenty (20) hours or more per week. The member shall receive retirement allowances under the conditions provided by Section  538.
Statutory References: Sections  59-1344  and  59-1356(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.534 - ELECTED OR APPOINTED OFFICIAL RETIRING IN PLACE

Current through August 31, 2023
An active member serving as an elected or appointed official who does not normally work twenty (20) hours or more per week who is age sixty-two (62) or older and eligible to retire and who is not an eligible employee with another state agency, political subdivision or government entity pursuant to Section  101  may then retire and continue in that position. The member shall receive retirement allowances under the conditions provided by Section  538.
Statutory References: Sections  59-1344  and  59-1356(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.535 - RESTRICTIONS ON REEMPLOYMENT OF RETIRED MEMBERS

Current through August 31, 2023
There are no restrictions placed upon employment or earnings of retired members except with respect to employment by a state agency, political subdivision or government entity member of PERSI. Unless specified otherwise, the conditions of reemployment outlined in this subchapter apply for employment with any state agency, political subdivision or government entity member of the system.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.536 - RETIRED MEMBER BECOMING AN ACTIVE MEMBER

Current through August 31, 2023
01.
Return to Service
. A PERSI retired member employed in a position which involves service of normally twenty (20) hours or more per week for a period of five (5) or more consecutive months or longer will return to the status of an active member. Retirement benefits will suspend on reemployment and employee and employer contributions will resume to provide additional retirement credits. If a retired member is reemployed in a position which involves service of twenty (20) hours or more per week for a period of less than five (5) consecutive months, their monthly retirement benefits will continue to be paid. If the member's reemployment should equal or exceed the five (5) month period for any reason, the member will be required to repay the retirement benefits paid during the five (5) month period which they were reemployed and they will return to the status of an active member. Employee and employer contributions will be due for the five (5) consecutive month period.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
02.
Return to School District
. A PERSI retired member who qualifies to return to employment with a school district under Section  59-1356(4), Idaho Code, must return in the same job capacity to fulfill the intent of the statute, to fill hard-to-fill positions. A school teacher must return to work as a school teacher, a qualified bus driver must return to work as a bus driver, an administrator must return to work as an administrator. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.537 - REEMPLOYMENT LESS THAN FIVE CONSECUTIVE MONTHS

Current through August 31, 2023
If the period of reemployment develops to be less than five (5) consecutive months, contributions will be refunded and retirement allowances will resume as of the date they were discontinued.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.538 - REEMPLOYMENT - WORKING LESS THAN TWENTY HOURS OR LESS THAN FIVE CONSECUTIVE MONTHS

Current through August 31, 2023
Monthly retirement allowances will continue to be paid to the PERSI retired member who returns to employment in a position where the member does not normally work twenty (20) hours or more per week or the reemployment is for a period which does not total five (5) consecutive months and the state agency, political subdivision or government entity so certifies. In such cases, employee and employer contributions are neither required nor acceptable and no new retirement credits can be earned.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.539 - RETIRED MEMBER BECOMING AN ELECTED OR APPOINTED OFFICIAL

Current through August 31, 2023
A PERSI retired member who is subsequently elected or appointed by an employer to public office and who is not normally required to perform services of twenty (20) hours or more per week in that position may continue to receive retirement allowances in the status of a reemployed retired member under conditions outlined by Section  537.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.540 - SEPARATION FROM EMPLOYMENT AFTER REEMPLOYMENT

Current through August 31, 2023
Upon subsequent separation from employment after reemployment, the member's original monthly retirement allowance will resume with appropriate cost-of-living adjustments plus the addition of a separate allowance computed with respect to salary and service credited during the reemployment period.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.541 - EARLY RETIREMENT MEMBER - REEMPLOYMENT

Current through August 31, 2023
A PERSI member who had been receiving an early retirement allowance and who returns to employment as an active member may refund all retirement benefits previously paid plus regular interest accrued from the date each monthly allowance had been paid, thereby negating the previous retirement status. The month of last contribution prior to the negated retirement and the month of initial contribution upon return to active membership shall be considered consecutive months of contributions in the determination of an appropriate salary base period upon subsequent retirement.
Statutory Reference: Section  59-1356, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.542 - BENEFIT ENHANCEMENT - QUALIFICATION

Current through August 31, 2023
To qualify for a benefit enhancement, a person must remain an active member through the day following the effective date of the enhancement. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.543 - POST RETIREMENT ALLOWANCE ADJUSTMENTS - PERSI RETIREES

Current through August 31, 2023
The Board shall annually determine the post retirement cost of living adjustment (COLA) for the Public Employee Retirement System of Idaho (PERSI) pursuant to Section  59-1355, Idaho Code. The Board shall have discretion in adopting a yearly discretionary and/or retroactive COLA. The Board shall yearly adopt this COLA no later than the December Board meeting of each year with an effective date of March 1 of the next year.
Statutory References: Section  59-1355, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.545 - PRE-ERISA VESTING RULES

Current through August 31, 2023
01.
Termination or Partial Termination
. Upon the effective date of any termination or partial termination or upon a complete discontinuation of contributions: (3-31-22)
a. No persons who were not theretofore members shall be eligible to become members; (3-31-22)
b. No further benefits shall accrue; and (3-31-22)
c. The accrued benefits of all members not theretofore vested and not theretofore forfeited shall immediately become fully vested. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.546 - FORFEITURES

Current through August 31, 2023
Forfeitures will not be applied to increase the benefits any employee would otherwise receive under the Base Plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.547 - ACTUARIAL ASSUMPTIONS TO BE SPECIFIED

Current through August 31, 2023
Whenever the amount of any Base Plan benefit is to be determined on the basis of actuarial assumptions, such assumptions will be specified in rule in a manner that precludes employer discretion. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter F - PERSI RETIREMENT RULES › Section 59.01.01.548 - COMPENSATION LIMIT

Current through August 31, 2023
01.
Limit
. Except for members of the system prior to July 1, 1996, as provided in Section  59-1302(31)(B), Idaho Code, the annual compensation of each participant taken into account in determining benefit accruals in any plan year beginning after December 31, 2001, shall not exceed two hundred thousand dollars ($200,000). Annual compensation means compensation during the calendar year (the determination period). In determining benefit accruals for determination periods beginning before January 1, 2002, compensation shall be two hundred thousand dollars ($200,000). (3-31-22)
02.
Limit Adjustment
. The two hundred thousand dollars ($200,000) limit on annual compensation in Subsection  548.01  shall be adjusted for cost-of-living increases in accordance with Section  401(a)(17)(B)  of the IRS Code. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. (3-31-22)