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.

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.