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WORKERS’ COMPENSATION LAW NOT REPEALED.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

 

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