PFFI NEWS

IAFF Endorsement Philosophy

The IAFF believes, respects and celebrates the absolute right of every IAFF member to vote for the candidate that he or she feels best represents and embraces that individual’s views and political philosophy. No one, including your union, has a right to tell you how to vote.

Similarly, the IAFF will never criticize any member for his or her choice of candidate. We recognize that there are many issues that are important to all IAFF members – beyond fire service and labor issues, and the IAFF respects its members’ right to vote for candidates who have not won the endorsement of the IAFF or your local affiliate.

However, just like IAFF members review the history, positions and platform of each candidate and make a decision based on that information, so does the IAFF.

This union views candidates through a very narrow focus. Decisions are predicated on how candidates stand on fire fighter and labor issues, such as collective bargaining rights, protection of fair labor standards (FLSA) and overtime rights, pay fairness and equity for federal fire fighters, presumption of disability for federal fire fighters, funding for first responder initiatives, full funding of the FIRE Act and SAFER programs, protection of pension and Social Security benefits, and protection and extension of health care benefits for active and retired members, to name a few.  

These are the types of issues that IAFF FIREPAC focuses on when making decisions on whether or not to support a candidate. IAFF FIREPAC does not and will not base its decisions on issues such as Second Amendment rights, reproductive rights, the environment or other social issues that many of our members hold firm beliefs about.

The IAFF has one mission: to improve the lives and livelihoods of professional fire fighters. We know that one of the most important ways we represent our members is in the legislatures at all levels of government – because that’s where most of the decisions are made that have an impact on our members and their jobs. That’s why we play hard in politics – so that we help get people elected who will push our legislative agenda forward. In that role, this union is an advocacy group similar to the NRA, Christian Coalition, Sierra Club, Chamber of Commerce, National League of Cities, etc. Our range of issues is very specific. No one should expect or accept it if the NRA based endorsements on fire fighter bargaining rights. Likewise, no one expects the Christian Coalition to base its support of candidates on funding the FIRE Act or SAFER grants. Consequently, no one should expect the IAFF to base its endorsement on anything other than its specific set of issues. 

While you may personally disagree with an IAFF endorsement and believe that another candidate better represents your own viewpoint on issues important to you, please be mindful that the IAFF endorsement is about the candidate’s stance on fire service and labor issues. And, just like the IAFF respects your right to vote for the candidate of your choosing, we ask for the same respect concerning the IAFF’s duty to make its endorsement based on fire service, employment, safety and health and labor issues that directly affect our members’ lives and livelihood.  

In any union, association or even political party, when an organization endorses a particular candidate or a specific position on any issue, not everyone who is a member is in agreement. In fact, almost every time an endorsement is made, there is disagreement – but it’s usually based on personal political leanings or how one values certain issues. People are entitled to and respect their right to disagree and express their own opinions. 

Politics within the IAFF is an issue of mutual respect. The IAFF respects its members’ right to vote for whomever they choose, and we hope you respect the IAFF’s right to endorse candidates, regardless of party, who have demonstrated their support for the IAFF and professional fire fighters. The IAFF also respects the right of state and individual affiliates to endorse the candidate they believe will best represent their membership at the state and local level.  

PFFI NEWS

Presumtive Illness

TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 4

BENEFITS

72-438.  OCCUPATIONAL DISEASES. [EFFECTIVE UNTIL JULY 1, 2021] Compensation shall be payable for disability or death of an employee resulting from the following occupational diseases:

(1)  Poisoning by lead, mercury, arsenic, zinc, or manganese, their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(2)  Carbon monoxide poisoning or chlorine poisoning in any process or occupation involving direct exposure to carbon monoxide or chlorine in buildings, sheds, or enclosed places.

(3)  Poisoning by methanol, carbon bisulphide, hydrocarbon distillates (naphthas and others) or halogenated hydrocarbons, or any preparations containing these chemicals or any of them, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(4)  Poisoning by benzol or by nitro, amido, or amino-derivatives of benzol (dinitro-benzol, anilin and others) or their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(5)  Glanders in the care or handling of any equine animal or the carcass of any such animal.

(6)  Radium poisoning by or disability due to radioactive properties of substances or to roentgen ray (X-ray) in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(7)  Poisoning by or ulceration from chromic acid or bichromate of ammonium, potassium, or sodium or their preparations, or phosphorus preparations or compounds, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(8)  Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or any compound product, or residue of any of these substances, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(9)  Dermatitis venenata, that is, infection or inflammation of the skin, furunculosis excepted, due to oils, cutting compounds, lubricants, liquids, fumes, gases, or vapors in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(10) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, skins, or bodies of animals either alive or dead.

(11) Silicosis in any occupation involving direct contact with, handling of, or exposure to dust of silicon dioxide (SiO2).

(12) Cardiovascular or pulmonary or respiratory diseases of a firefighter, employed by or volunteering for a municipality, village or fire district as a regular member of a lawfully established fire department, caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.

(13) Acquired immunodeficiency syndrome (AIDS), AIDS-related complexes (ARC), other manifestations of human immunodeficiency virus (HIV) infections, infectious hepatitis viruses and tuberculosis in any occupation involving exposure to human blood or body fluids.

(14)  Firefighter occupational diseases:

(a)  As used in this subsection, "firefighter" means an employee whose primary duty is that of extinguishing or investigating fires as part of a fire district, fire department or fire brigade.

(b)  If a firefighter is diagnosed with one (1) or more of the following diseases after the period of employment indicated in subparagraphs (i) through (xi) of this paragraph, and the disease was not revealed during an initial employment medical screening examination that was performed according to such standards and conditions as may be established at the sole discretion of the governing board having authority over a given fire district, fire department, or fire brigade, then the disease shall be presumed to be proximately caused by the firefighter’s employment as a firefighter:

(i)   Brain cancer after ten (10) years;

(ii)  Bladder cancer after twelve (12) years;

(iii) Kidney cancer after fifteen (15) years;

(iv)  Colorectal cancer after ten (10) years;

(v)   Non-Hodgkin’s lymphoma after fifteen (15) years;

(vi)  Leukemia after five (5) years;

(vii) Mesothelioma after ten (10) years;

(viii) Testicular cancer after five (5) years if diagnosed before the age of forty (40) years with no evidence of anabolic steroids or human growth hormone use;

(ix)  Breast cancer after five (5) years if diagnosed before the age of forty (40) years without a breast cancer 1 or breast cancer 2 genetic predisposition to breast cancer;

(x)   Esophageal cancer after ten (10) years; and

(xi)  Multiple myeloma after fifteen (15) years.

(c)  The presumption created in this subsection may be overcome by substantial evidence to the contrary. If the presumption is overcome by substantial evidence, then the firefighter or the beneficiaries must prove that the firefighter’s disease was caused by his or her duties of employment.

(d)  The presumption created in this subsection shall not preclude a firefighter from demonstrating a causal connection between employment and disease or injury by a preponderance of evidence before the Idaho industrial commission.

(e)  The presumption created in this subsection shall not apply to any specified disease diagnosed more than ten (10) years following the last date on which the firefighter actually worked as a firefighter as defined in paragraph (a) of this subsection. Nor shall the presumption apply if a firefighter or a firefighter’s cohabitant has regularly and habitually used tobacco products for ten (10) or more years prior to the diagnosis.

(f)  The periods of employment described in paragraph (b) of this subsection refer to periods of employment within the state of Idaho.

Recognizing that additional toxic or harmful substances or matter are continually being discovered and used or misused, the above enumerated occupational diseases are not intended to be exclusive, but such additional diseases shall not include hazards that are common to the public in general and that are not within the meaning of section 72-102(22)(a), Idaho Code, and the diseases enumerated in subsection (12) of this section pertaining to firefighters shall not be subject to the limitations prescribed in section 72-439, Idaho Code.

History:

[72-438, added 1971, ch. 124, sec. 3, p. 422; am. 1973, ch. 108, sec. 1, p. 193; am. 1981, ch. 261, sec. 8, p. 557; am. 1989, ch. 155, sec. 14, p. 394; am. 1990, ch. 188, sec. 1, p. 417; am. 2001, ch. 212, sec. 1, p. 837; am. 2006, ch. 206, sec. 5, p. 634; am. 2016, ch. 276, sec. 2, p. 763.]

 

 

 

PFFI NEWS

Collective Bargaining

TITLE 44

LABOR

CHAPTER 18

EMPLOYMENT OF FIREFIGHTERS

44-1802.  COLLECTIVE BARGAINING RIGHTS OF FIREFIGHTERS — REPRESENTATION BY BARGAINING AGENT. The firefighters in any city, county, fire district or other political subdivision in the state of Idaho shall have the right to bargain collectively with their respective cities, counties, fire districts or political subdivisions and to be represented by a bargaining agent in such collective bargaining process as to wages, rates of pay, working conditions and all other terms and conditions of employment.

History:

[44-1802, added 1970, ch. 138, sec. 2, p. 333.]

PFFI NEWS

Firemans Retirement Fund

72-1401    PURPOSE OF CHAPTER.
72-1402    CONSTRUCTION.
72-1403    DEFINITIONS.
72-1404    AVERAGE FINAL COMPENSATION.
72-1405    POWERS AND DUTIES OF PUBLIC EMPLOYEE RETIREMENT BOARD.
72-1406    ADMINISTRATION OF PROVISIONS OF CHAPTER.
72-1407    POWER OF BOARD TO SUE AND BE SUED.
72-1408    POWER OF BOARD TO ENGAGE EMPLOYEES.
72-1409    EMPLOYMENT OF ATTORNEYS AND AGENTS.
72-1410    RISKS AUTHORIZED TO BE INSURED — PAYMENT OF PREMIUMS.
72-1411    LIABILITY OF BOARD.
72-1421    FUNDS — HOW USED.
72-1422    BENEFITS EXEMPT FROM EXECUTION — NOT ASSIGNABLE.
72-1423    FILING OF CLAIMS — PROCEDURE — JURISDICTION OF INDUSTRIAL COMMISSION.
72-1424    PRESENTATION OF FALSE CLAIM PENALIZED.
72-1425    WORKERS’ COMPENSATION LAW NOT REPEALED.
72-1426    RECORDS TO BE PUBLIC RECORDS.
72-1429E    SURVIVING CHILD.
72-1431    CONTRIBUTION FROM FIREFIGHTERS — MANNER OF COLLECTION.
72-1432    PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE DISTRICTS — REMITTANCES.
72-1433    FAILURE OF CITY OR FIRE DISTRICT TO MAKE PAYMENT — EFFECT.
72-1434    OPTIONAL PENSION AMOUNTS — OPTION I AND OPTION II.
72-1435    VOLUNTARY RETIREMENT — YEARS OF SERVICE DETERMINE PENSION BENEFIT.
72-1441    DATE OF PAYMENT.
72-1442    PENSION PAYMENT — MAXIMUM.
72-1443    ACCRUED PENSION PAYMENT — FIREFIGHTERS DISCONTINUING SERVICE PRIOR TO VOLUNTARY RETIREMENT.
72-1444    REFUND TO FIREFIGHTER TERMINATING EMPLOYMENT — REPAYMENT ON REEMPLOYMENT — CONVERSION OF CONTRIBUTIONS — PURCHASE OF SERVICE CREDITS.
72-1445    PENSION PAYMENT — RETIREMENT OF FIREFIGHTER INCAPACITATED IN THE PERFORMANCE OF DUTY.
72-1446    PENSION PAYMENT — RETIREMENT OF INCAPACITATED FIREFIGHTERS FOR NONSERVICE.
72-1447    PAYMENT OF PENSIONS — AMOUNT TO BE PAID — PARTIES ENTITLED THERETO.
72-1451    DISABILITY — REEXAMINATION — RETURN TO SERVICE.
72-1452    REVIEW OF DISABILITY.
72-1461    DEATH BENEFITS — SPOUSE AND THE SURVIVING CHILD OR CHILDREN OF FIREFIGHTER KILLED IN PERFORMANCE OF DUTY.
72-1462    DEATH BENEFITS — SPOUSE OF RETIRED FIREFIGHTER.
72-1463    DEATH BENEFITS — SURVIVING SPOUSE AND SURVIVING CHILD OR CHILDREN OF RETIRED FIREFIGHTER.
72-1464    DEATH BENEFITS — SURVIVING SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER FIVE YEARS.
72-1465    DEATH BENEFITS — SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER TWENTY-FIVE YEARS.
72-1471    COST OF LIVING ADJUSTMENT.
72-1472    SEPARABILITY.

PFFI NEWS

PERSI

TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 13

PUBLIC EMPLOYEE RETIREMENT SYSTEM

59-1302.  DEFINITIONS. (1) As used in this chapter, each of the terms defined in this section shall have the meaning given in this section unless a different meaning is clearly required by the context.

(2)  "Active member" means any employee who is not establishing the right to receive benefits through his or her employer’s participation in any other retirement system established for Idaho public employees, if such participation is mandated by applicable Idaho statutes other than this chapter. In no case will an employee be entitled to any benefit under this chapter for public service if such employee is establishing retirement benefit entitlements by other Idaho statutes or federal statutes other than military service or social security for that same service.

(3)  "Accumulated contributions" means the sum of amounts contributed by a member of the system, together with regular interest credit thereon.

(4)  "Actuarial equivalent" means a benefit equal in value to another benefit, when computed upon the basis of the actuarial tables in use by the system.

(5)  "Actuarial tables" means such tables as shall have been adopted by the board in accordance with recommendations of the actuary.

(5A) "Alternate payee" means a spouse or former spouse of a member who is recognized by an approved domestic retirement order as having a right to all or a portion of the accrued benefits in the retirement system with respect to such member.

(5B) "Approved domestic retirement order" means a domestic retirement order which creates or recognizes the existence of an alternate payee’s right or assigns to an alternate payee the right to all or a portion of the accrued benefits of a member under the retirement system, which directs the system to establish a segregated account or disburse benefits to an alternate payee, and which the executive director of the retirement system has determined meets the requirements of sections 59-1319 and 59-1320, Idaho Code.

(5C) "Average monthly salary" means the member’s average salary during the base period as calculated pursuant to rules adopted by the retirement board.

(5D) (a) "Base period" means the period of fifty-four (54) consecutive calendar months during which the member earned:

(i)   The highest average salary; and

(ii)  Membership service of at least one-half (1/2) the number of months in the period, excluding months of service attributable to:

A.  Military service;

B.  Service qualifying as minimum benefit pursuant to section 59-1342(5), Idaho Code; and

C.  Worker’s compensation income benefits.

(b)  Effective October 1, 1993, the consecutive calendar months shall be forty-eight (48). Effective October 1, 1994, the consecutive calendar months shall be forty-two (42).

(c)  Entitlement to a base period shall not vest until the effective date of that base period. The retirement benefits shall be calculated on the amounts, terms and conditions in effect at the date of the final contribution by the member.

(d)  If no base period exists for a member, the member’s average monthly salary shall be determined by the board, using standards not inconsistent with those established in this subsection.

(e)  To assure equitable treatment for all members, salary increments inconsistent with usual compensation patterns may be disallowed by the board in determining average monthly salary and base period.

(6)  "Beneficiary" means the person who is nominated by the written designation of a member, duly executed and filed with the board, to receive the death benefit.

(7)  "Calendar year" means twelve (12) calendar months commencing on the first day of January.

(7A) "Contingent annuitant" means the person designated by a member under certain retirement options to receive benefit payments upon the death of the member. The person so designated must be born and living on the effective date of retirement.

(8)  "Credited service" means the aggregate of membership service, prior service and disabled service.

(9)  "Date of establishment" means July 1, 1965, or a later date established by the board or statute.

(10) "Death benefit" means the amount, if any, payable upon the death of a member.

(11) "Disability retirement allowance" means the periodic payment becoming payable upon an active member’s ceasing to be an employee while eligible for disability retirement.

(12) "Disabled" means:

(a)  That the member is prevented from engaging in any occupation or employment for remuneration or profit as a result of bodily injury or disease, either occupational or nonoccupational in cause, but excluding disabilities resulting from service in the armed forces of any country other than the United States, or from an intentionally self-inflicted injury; and

(b)  That the member will likely remain so disabled permanently and continuously during the remainder of the member’s life.

It is not necessary that a person be absolutely helpless or entirely unable to do anything worthy of compensation to be considered disabled. If the person is so disabled that substantially all the avenues of employment are reasonably closed to the person, that condition is within the meaning of "disabled." In evaluating whether a person is disabled, medical factors and nonmedical factors including, but not limited to, education, economic and social environment, training and usable skills may be considered.

Refusal to submit to a medical examination ordered by the board before the commencement of a disability retirement allowance or at any reasonable time thereafter shall constitute proof that the member is not disabled. The board shall be empowered to select for such medical examination one (1) or more physicians or surgeons who are licensed to practice medicine and perform surgery. The fees and expenses of such examination shall be paid from the administration account of the fund. No member shall be required to undergo such examination more often than once each year after he has received a disability retirement allowance continuously for two (2) years.

(12A) "Disabled service" means the total number of months elapsing from the first day of the month next succeeding the final contribution of a member prior to receiving a disability retirement allowance to the first day of the month following the date of termination of such disability retirement allowance. During such period, the member shall remain classified in the membership category held during the month of final contribution. The total number of months of disabled service credited for a person first becoming disabled after the effective date of this chapter shall not exceed the excess, if any, of three hundred sixty (360) over the total number of months of prior service and membership service.

(12B) "Domestic retirement order" means any judgment, decree, or order, including approval of a property settlement agreement which relates to the provision of marital property rights to a spouse or former spouse of a member, and is made pursuant to a domestic relations law, including the community property law of the state of Idaho or of another state.

(13) "Early retirement allowance" means the periodic payment becoming payable upon an active member’s ceasing to be an employee while eligible for early retirement.

(14) (A) "Employee" means:

(a)  Any person who normally works twenty (20) hours or more per week for an employer or a school teacher who works half-time or more for an employer and who receives salary for services rendered for such employer;

(b)  Elected officials or appointed officials of an employer who receive a salary;

(c)  A person who is separated from service with less than five (5) consecutive months of employment and who is reemployed or reinstated by the same employer within thirty (30) days; or

(d)  A person receiving differential wage payments as defined in 26 U.S.C. 3401(h) on or after July 1, 2009. A differential wage payment generally refers to an employer payment to an employee called to active duty in the uniformed services for more than thirty (30) days that represents all or a portion of the compensation he would have received from the employer if he were performing services for the employer.

(B)  "Employee" does not include employment as:

(a)  A person rendering service to an employer in the capacity of an independent business, trade or profession; or

(b)  A person whose employment with any employer does not total five (5) consecutive months; or

(c)  A person provided sheltered employment or made-work by a public employer in an employment or industries p

PFFI NEWS

Surviving children

TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 14

FIREMEN’S RETIREMENT FUND

72-1429E.  SURVIVING CHILD. A person qualifies as a surviving child of a firefighter if he or she is dependent on the firefighter at the time of the firefighter’s death and meets either of the following requirements:

(a)  At the time of the firefighter’s death, the person is under the age of eighteen (18) years and, had the firefighter been eligible for social security benefits, would be entitled to child insurance benefits under the federal social security act by the firefighter’s death; or

(b)  Qualifies and has been filed for as a dependent under the age of eighteen (18) years on the firefighter’s most recent internal revenue service income tax forms.

PFFI NEWS

Firefighters spouse FRF

TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 14

FIREMEN’S RETIREMENT FUND

72-1462.  DEATH BENEFITS — SPOUSE OF RETIRED FIREFIGHTER. (1) In the event a paid firefighter, retired on retirement pay, shall die and leave surviving a spouse, but no minor children, such surviving spouse shall receive for life the retirement benefits to which the deceased firefighter was entitled, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code.

(2)  Those benefits payable under the provisions of subsection (1) which were ordered prior to July 1, 1978, shall continue under the provisions of this chapter in effect at the time such benefit payment was ordered.

(3)  Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.

 

PFFI NEWS

Public Safety officer permanent disability benefit

TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 13

PUBLIC EMPLOYEE RETIREMENT SYSTEM

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 section 59-1302(12), on or after July 1, 2009, as a result of bodily injury or disease sustained in the line of duty is eligible for a one-time 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.]

PFFI NEWS

Disability benefits

UNDERSTANDING YOUR PERSI DISABILITY BENEFITS If your career is cut short because of a permanent and total disability, you may be eligible for a monthly disability benefit from your PERSI Base Plan if you meet certain eligibility requirements. This booklet explains those benefits. Base Plan Disability Retirement Disability Requirements Disability for retirement purposes is considered to be a total and permanent physical or mental impairment that prevents you from earning a livelihood. This means you cannot perform any work for compensation. Temporary disability benefits are not available under the retirement law. Permanent incapacity is a prerequisite to approval of a disability retirement application. To be eligible for PERSI disability retirement: • You must be totally and permanently disabled as a result of a physical or mental disease or injury while an active member, AND • Your disability must result in substantially all avenues of employment being reasonably closed, AND • You must apply no later than one year after you cease to be an active member, AND • You must have 5 years of service. (You may be eligible from the first day on the job if you are disabled due to work-related causes.) Based on medical and other evidence, the Retirement Board or its agent will determine whether you are eligible for disability retirement. Disabilities resulting from service in the Armed Forces of the United States meeting the requirements of Idaho Code section 59-1302(23) qualify for disablity retirement. Disability resulting from an intentionally self-inflicted injury are excluded from a disability retirement benefit. Disability Allowance Formula A disability retirement allowance is calculated using the formula on the next page. If you have less than 360 months of service as of the date you are eligible for disability retirement, you will be given credit for the months of service you would have earned from the date of disability to the date you would have reached service retirement age (65 for general members/62 for police/firefighters) had you not become disabled (360 months of credited service maximum). In other words, PERSI will give you up to 30 years of credit or to age 65 for general members (age 62 for police/firefighters), whichever is less. EXAMPLE: If you are a general member with 120 months of service and become disabled at age 50, PERSI will add 180 months (12 months x 15 years to age 65), to give you 300 months of service for your disability retirement. Disability Retirement Formula Your Base Plan disability retirement benefit is based on your highest average monthly salary over a base period of 42 months, your total months of service, and a multiplier. A base period is the period of consecutive months during which you received your highest average monthly salary. This is usually at the end of your career, but may have occurred earlier. The base period is set by Idaho law. In the early 1990s it was shortened from 60 to 42 months to improve benefits. Your benefit will be calculated using the formula in effect at the time of your last contribution to PERSI. Formula Used to Calculate Base Plan Disability Retirement Benefits Your Average Monthly Salary During Base Period _________ Multiplier x _________ = _________ Months of Service x _________ (including disability months) Annual Benefit = _________ ÷ 12 Monthly Benefit = _________ 2 Applying for Disability Retirement To receive a disability benefit you must meet disability eligibility requirements while you are an active PERSI member, you must be leaving your job because of your disability, and you must file your application no later than one year after ceasing to be an active member. The first step in the disability application process is to contact PERSI at 1-800-451-8228 so a disability questionnaire and estimate can be sent to you. Once the form is completed and returned to PERSI, it will be reviewed to determine your eligibility. If you are eligible, PERSI will put you in contact with a third-party administrator (TPA) who will assist you through the application and review process. The TPA will send you several forms to complete including: 1) Employee’s Statement of Disability 2) Training and Educational Experience Questionnaire 3) Daily Activities Questionnaire 4) Attending Physician’s Statement With the information provided by you and your physician, the TPA will determine your eligibility for disability retirement. The entire determination process may take several months. You may contact PERSI or the TPA at any time during the process if you have questions. Until recently, there was no deadline for applying for disability retirement. As a result, inactive members were able to apply at any time if they could demonstrate they became permanently and totally disabled while still an active member. Under a law that went into effect on July 1, 2006, PERSI members applying for disability benefits have a limited period of time to file an application. Inactive members applying for PERSI disability benefits are now required to file their application no later than one year from the date of their last contribution. PERSI is interpreting this to be the day the member ceases to be an active member. Members go from being active to inactive when they are no longer eligible to accrue service and make contributions. Don’t Wait: In some cases, the one year count down for applying for benefits could begin while a member is receiving benefits from worker’s compensation or short-term disability plans. Members who believe they are eligible for PERSI disability retirement should not wait until other benefits end to apply for the PERSI benefits or they may miss the deadline for applying. When possible, members should file their application before terminating employment or shortly thereafter, even if they are still uncertain about their ability to return to work. Applying for disability retirement merely initiates the process, it does not guarantee approval. In all cases, as part of the review process members must meet the applicable disability standard while an active member. TIME LIMITS FOR FILING FOR DISABILITY BENEFITS WENT INTO EFFECT JULY 1, 2006 3 Medical Examinations You will be required to provide medical information and may be required to undergo medical examinations both before and after the disability determination. Refusal to submit to a medical examination, if requested before the beginning of a disability retirement or at any reasonable time thereafter, will be considered proof that you are not disabled. When Disability Allowances Begin A disability allowance is payable on the first of the month following the latest of: • The date salary, sick leave, or temporary disability benefits sponsored by your employer stop, OR • Six months, depending on your employer, OR • The completion of a 5-calendar-month waiting period following your last day of employment. How Long Disability Allowances Continue You may continue receiving a disability allowance until the first of the month following whichever occurs first: • The date of your death, OR • The date your disability ceases, OR • The date you would have been eligible for service retirement if you had remained an active member. If your disability allowance is discontinued because you have reached service retirement age, your benefit will be converted to a service retirement allowance. At that time, you will be provided with options on different ways to draw the allowance and with information on the various options available to you. Returning to Work: Law Modified in 2010 PERSI disability law was modified by HB458 during the 2010 legislative session. If you are receiving disability retirement and attempt to return to work but are unsuccessful, you may resume your disability retirement if certain requirements are met. The requirements include giving PERSI’s executive director advance notice of the return to work (upon the notification, your disability retirement payments shall terminate). Disability payments may resume if you terminate the attempted return to work within 150 days from the date of the notice, make a written request to the Retirement Board, and provide medical records and/or submit to a medical exam at your own expense (if requested by the Retirement Board). If the Retirement Board (and the thirdparty administrator) determines you could not successfully return to work because of the same disability on which your original disability was based, your disability retirement allowance may resume. Death Benefits Payable While on Disability Retirement If you die while on disability retirement or while waiting for disability determination, and had named your spouse as beneficiary, your spouse has the option of a monthly benefit for his or her lifetime or a lump-sum death benefit consisting of two times the amount in your Base Plan account at the time of disability retirement minus any amount paid to you. If your spouse is not your beneficiary, the beneficiary may take a lump-sum payment of two times the amount in your Base Plan account at the time of disability retirement minus any amount paid to you, or may waive rights to the benefit and opt to provide your spouse with a monthly benefit for his or her lifetime. 4 Death Benefit Example: $60,000 In your Base Plan account at time of disability x 2 $120,000 - $65,000 Paid to you while on disability $55,000 Death benefit payable to your beneficiary Choice Plan Withdrawals During Disability The PERSI Choice Plan 401(k) does not provide disability retirement benefits; however, if you end PERSI-covered employment you may withdraw your Choice Plan funds. As long as you have ended PERSI employment, you do not need to wait to be approved for the PERSI Base Plan disability to receive a Choice Plan distribution. The withdrawal options available to you depend on your age and account balance. De

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Children Scholarships

TITLE 33

EDUCATION

CHAPTER 43

SCHOLARSHIPS

33-4302.  ARMED FORCES AND PUBLIC SAFETY OFFICER SCHOLARSHIPS. (1) The following individuals shall be eligible for the scholarship program provided for herein:

(a)  Any spouse or child of any Idaho citizen who, while such person is or was a resident of the state of Idaho, has been determined by the federal government to be a prisoner of war or missing in action; or to have died of, or become totally and permanently disabled by, injuries or wounds sustained in action in any area of armed conflict in which the United States is a party; and

(b)  Any spouse or child of any member of the armed forces of the United States who is stationed in the state of Idaho on military orders and who is deployed from the state of Idaho to any area of armed conflict in which the United States is a party and who has been determined by the federal government to be a prisoner of war or missing in action; or to have died of, or become totally and permanently disabled by, injuries or wounds sustained in action as a result of such deployment.

(c)  Any spouse or child of a full-time or part-time public safety officer, as defined in paragraph (d) of this subsection, employed by or volunteering for the state of Idaho or for a political subdivision of the state of Idaho, which public safety officer is or was a resident of the state of Idaho at the time such officer was killed or totally and permanently disabled in the line of duty. The death or disability shall have occurred on or after January 1, 1975. The scholarship provided for in this section shall not be available unless it is determined that:

(i)   The death or disablement of the public safety officer occurred in the performance of the officer’s duties;

(ii)  The death or disablement was not caused by the intentional misconduct of the public safety officer or by such officer’s intentional infliction of injury; and

(iii) The public safety officer was not voluntarily intoxicated at the time of death.

(d)  For purposes of this section, the following terms have the following meanings:

(i)   "Public safety officer" means a peace officer or firefighter, a paramedic or emergency medical technician as those terms are defined in section 56-1012, Idaho Code.

(ii)  "Volunteering" means contributing services as a bona fide member of a legally organized law enforcement agency, fire department or licensed emergency medical service provider organization.

(2)  (a) To be eligible for the scholarship provided for herein, a child of a military member or a public safety officer must be a resident of the state of Idaho and must have completed secondary school or its equivalent in the state of Idaho. A child already born, or born after a military member or public safety officer is determined to be imprisoned or missing in action, or is killed or becomes totally and permanently disabled, shall be eligible for this scholarship;

(b)  To be eligible for the scholarship provided for herein, the spouse of a military member or public safety officer must be a resident of the state of Idaho and must have been married to such person at the time the military member or public safety officer was determined to be imprisoned or missing in action, or was killed or became totally and permanently disabled. Provided however, that in the situation of disability, the spouse must be currently married to such person.

(3)  An eligible individual who applies for the scholarship provided for herein shall, after verification of eligibility, receive the scholarship and be admitted to attend undergraduate studies at any public institution of higher education or public professional-technical college within the state of Idaho without the necessity of paying tuition and fees therefor; such student shall be provided with books, equipment and supplies necessary for pursuit of such program of enrollment not to exceed five hundred dollars ($500) per quarter, semester, intensified semester, or like educational period; such student shall be furnished on-campus institution housing and subsistence for each month he or she is enrolled full-time under this program and actually resides in such on-campus facility; provided however, that such undergraduate educational benefits shall not exceed a total of thirty-six (36) months or four (4) nine (9) month periods. Provided further, that the initiation of such educational benefits shall extend for a period of ten (10) years after achieving a high school diploma or its equivalency, or for a period of ten (10) years after the event giving rise to the eligibility for the scholarship, whichever is longer.

(4)  The eligible individual shall meet such other educational qualifications as such institution of higher education or professional-technical college has established for other prospective students of this state, as well as any additional educational qualifications established by the state board of education and board of regents of the university of Idaho.

(5)  Application for eligibility under this section shall be made to the state board of education and the board of regents of the university of Idaho or the state board of vocational-technical education. The board shall verify the eligibility of the applicant and communicate such eligibility to such person and the affected institution or college.

(6)  Affected institutions shall in their preparation of future budgets include therein costs resultant from such tuition, fee, book, equipment, supply, housing and subsistence loss for reimbursement thereof from appropriations of state funds.

(7)  For the purposes of this section, a member of the armed forces of the United States is considered totally and permanently disabled if at the time of application a current disability determination made by the United States social security administration is in effect with respect to such individual.

(8)  For the purposes of this section, a public safety officer is considered totally and permanently disabled if at the time of application a current disability determination made by the public employee retirement system of Idaho is in effect with respect to such individual.

(9)  The state board of education and board of regents of the university of Idaho may adopt rules to implement and administer the scholarship program provided for in this section.

 

 

 

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