Title 59 — PUBLIC OFFICERS IN GENERAL

59-1301. Public employee retirement system created — Purpose — Duties of fiduciaries of retirement fund. (1) A retirement and disability benefit system is created and placed under the management of a retirement board for the purpose of providing a retirement system and other bene…

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 rec…

59-1303. POLICE OFFICER MEMBER STATUS. (1) As used in this chapter, each of the terms used in this section shall have the meaning given in this section unless a different meaning is clearly required by the context. (2) Police officer membership status for retirement purposes may …

59-1304. Retirement board — Appointment. (1) There is hereby created in the office of the governor a governing authority of the system to consist of a board of five (5) persons known as the retirement board. Each member of the board shall be appointed by the governor to serve a t…

59-1305. Powers and duties of board — Indemnification. (1) The board shall have the power and duty, subject to the limitations of this chapter, of managing the system. It shall have the powers and privileges of a corporation, including the right to sue and be sued in its own name…

59-1305A. criminal history checks. (1) The public employee retirement system of Idaho (PERSI), through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals, including but not limited to classified and nonclassified …

59-1306. Conformity with federal tax code to maintain qualified plan tax status. Chapter 13, title 59, and chapter 14, title 72, Idaho Code, shall be administered in a manner so as to comply with the requirements of 26 U.S.C. section 401(a)(8), (9), (16), (25), (31), (36) and (37…

59-1307. Agreements with other retirement systems. The board may enter into agreements with the boards or other authorities of other retirement systems operated by the state of Idaho or by political subdivisions to protect the retirement rights or benefits of employees who may al…

59-1308. Supplemental benefit plan — Contributions and expenses of the supplemental benefit plan — Indemnification. (1) The state shall sponsor and the board shall administer one (1) or more supplemental benefit plans to be used for allocation of extraordinary gains as provided i…

59-1309. Allocation of extraordinary gains. (1) At the close of each fiscal year, the board shall determine whether the fund has experienced extraordinary gains. If extraordinary gains exist the board may allocate all or part of them as set forth in this section. In determining w…

59-1310. Admissibility in evidence of photoreproduced copies of records or documents maintained by the system — Destroying the original. Copies of records or documents maintained on microfilm, microfiche, computer imagery or other photoreproductive material of archival quality by…

59-1311. Public employee retirement fund created — Administration — Payment of benefits — Perpetual appropriation. (1) There is hereby established in the state treasury a special fund, the "Public Employee Retirement Fund," which shall be separate and apart from all public moneys…

59-1312. Selection of funding agent(s) — Investment of assets — Tax exemption. (1) The board shall select the funding agent(s) and establish a medium for funding, which may be a self-administration pension trust fund or a group annuity contract, or combination thereof. The contra…

59-1313. Trust agreement — Amended to comply with this chapter. The board may amend its trust agreement with the funding agent to comply with the requirements of this chapter.

59-1314. Rules — Procedures for hearings prior to appeals — Appeals. (1) Subject to other provisions of this chapter and pursuant to the policy and standards set out in section 59-1301, Idaho Code, the board shall have the power and authority to adopt, amend or rescind such rules…

59-1315. Amount, terms and conditions of revised benefits are to be prospective only unless otherwise provided. As the amount, terms and conditions of benefits may be revised from time to time the application of such revisions shall be prospective only and not retrospective or re…

59-1316. Member’s retirement records confidential — PENALTY FOR DIVULGING INFORMATION. (1) Each member shall furnish the board with such information as the board shall deem necessary for the proper operation of the system. As provided in section 74-106, Idaho Code, information co…

59-1317. Rights to benefits inalienable. (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency l…

59-1318. Rights in assets of system limited. No particular person, group of persons or entity shall have any right in any specific portion of the assets of the system other than such undivided interest in the whole of such assets as is specified in this chapter.

59-1319. Approved domestic retirement orders — Requirements. (1) An approved domestic retirement order must meet the following requirements: (a) Clearly specify that such order applies to the retirement system; (b) Clearly specify the effective date of the order, which is the dat…

59-1320. Approved domestic retirement orders — Application and effect. (1) The executive director of the public employee retirement system or his designee upon receipt of a copy of a domestic retirement order, shall determine whether the order is an approved domestic retirement o…

59-1321. Procedure for employees of political subdivisions to be included in retirement system. A political subdivision not participating in the system may, through its governing body, notify the board in writing that it elects to include its employees in the system. The board sh…

59-1322. Employer contributions — Amounts — Rates — Amortization. (1) Each employer shall contribute to the cost of the system. The amount of the employer contributions shall consist of the sum of a percentage of the salaries of members to be known as the "normal cost" and a perc…

59-1324. Transfer of moneys from state community college account. After July 1, 1984, the state board of education shall, at the request of the board, direct the transfer from the state community college account or from appropriations made for that purpose to the public employee …

59-1325. Employer remittance to board — Collection of delinquencies. (1) Each employer, or, where the employer’s payroll is paid separately by departments, each department of the employer, shall remit to the retirement board all contributions required of it and its employees on t…

59-1326. Procedure for complete or partial withdrawal of political subdivisions from the system — Calculation of withdrawal PENALTY — Indemnification. (1) A political subdivision, through its governing body, may by resolution adopted by two-thirds (2/3) of the members of the gove…

59-1327. Making a false claim — Misdemeanor. Any person making a false claim for allowance of benefits or payment of money under the provisions of this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punished pursuant to the provisions of sect…

59-1328. Administrative penalties for failure to comply with reporting requirements. The board may assess actual costs including staff salaries and benefits and miscellaneous costs such as computer programming and processing, as an administrative penalty against any employer whic…

59-1329. Board regulations. The board is authorized to promulgate rules providing for imposition of interest on delinquent employee contributions.

59-1331. Contributions. (1) Beginning on or after the later of the date of establishment or employment, each active member shall contribute toward the cost of the benefits provided under this chapter. This contribution shall be made in the form of a deduction from salary to be tr…

59-1332. Pick up of employee contributions. (1) An employer, pursuant to the provisions of section 414(h)(2) of the Internal Revenue Code of 1954, as amended, shall pick up and pay the contributions which would be payable by the employees as members under sections 59-1331 and 72-…

59-1333. Contributions from employees. The contribution for a member who is not classified as a police officer, firefighter, or school employee shall be sixty percent (60%) of the employer contribution rate determined pursuant to section 59-1322, Idaho Code, and rounded to the ne…

59-1334. Contributions — From policemen and firefighters. The contribution for a member who is classified as a police officer or firefighter shall be seventy-two percent (72%) of the employer contribution rate determined pursuant to section 59-1322, Idaho Code, and rounded to the…

59-1335. Contributions — From School Employees. The contribution for a member who is classified as a school employee as defined in section 59-1302(31A), Idaho Code, shall be sixty percent (60%) of the employer contribution rate determined pursuant to section 59-1322, Idaho Code, …

59-1341. Conditions of eligibility for service retirement. A vested member is eligible for service retirement as indicated below, based upon his service retirement ratio. A member’s service retirement ratio shall, at retirement, be equal to the ratio of (1) to (2) as follows: (1)…

59-1342. Computation of service retirement allowances — Minimum benefits. (1) The annual amount of accrued retirement allowance for each month of credited service for which a member was not classified as a police member or firefighter shall equal one and two-thirds percent (1 2/3…

59-1343. Conversion and commutation of certain payments. Unless the retirement board establishes a different level by rule, benefit payments of less than twenty dollars ($20.00) per month shall be commuted into an actuarially equivalent single sum.

59-1344. Time for payment of service retirement or early retirement. A service retirement allowance or early retirement allowance shall become payable to a member on the first of the month following his ceasing to be an employee while eligible for service retirement or early reti…

59-1345. Vested member eligible for early retirement. A vested member who is not eligible for either service retirement or disability retirement is eligible for early retirement if he is within ten (10) years of being eligible for service retirement. Additionally, a vested member…

59-1346. Computation of early retirement allowances. (1) The annual amount of initial early retirement allowance of a member shall be a percentage of the member’s accrued retirement allowance. Such percentage shall be one hundred percent (100%) if the sum of the number of years a…

59-1350. Deferral of early retirement. Early retirement may be deferred by a member until the date he would have been eligible for service retirement had he remained an active member.

59-1351. Conversion of service retirement or early retirement allowances into optional retirement allowances — Form of optional retirement. (1) The service retirement allowance, or the early retirement allowance of a member who, at time of retirement, so elects shall be converted…

59-1352. Eligibility for disability retirement. (1) An active member with five (5) years of membership service is eligible for disability retirement. (2) A police officer member, general member, school employee member, or a paid firefighter hired on or after July 1, 1993, who is …

59-1352A. public safety officer permanent disability benefit. (1) A public safety officer who is ruled by the retirement system to be permanently disabled, as provided in sections 59-1302(12) and 59-1352, Idaho Code, on or after July 1, 2009, as a result of bodily injury or disea…

59-1352B. PUBLIC SAFETY OFFICER catastrophic Line of Duty benefits. (1) For purposes of this section: (a) "Catastrophic injury" means a sudden, violent, life-threatening, duty-related injury sustained by an active member within the scope of the public safety officer’s duties and …

59-1353. Computation of disability retirement allowances. (1) The base disability retirement allowance of any member shall be equal to an initial service retirement allowance, as defined in section 59-1342, Idaho Code, based upon the years of service which would have been credite…

59-1354. Time for payment of disability retirement allowance. (1) A disability retirement allowance shall become payable to a member on the first of the month next following the later of: (a) The day salary, sick leave or other temporary compensation benefits terminate under any …

59-1354A. members receiving a disability retirement returning to work. (1) A retired member receiving a disability retirement allowance may return to work under the following conditions: (a) The retired member must notify the executive director in writing in advance of the return…

59-1355. postretirement allowance adjustments. (1) Each retirement allowance payment shall, subject to the provisions of this section, equal the inflation factor for the adjustment year of payment multiplied by the amount of the retirement allowance payment for March of the previ…

59-1356. Reemployment of retired members. (1) If an early retired member, except as provided in subsection (6) of this section, is reemployed with an employer participating in the public employee retirement system of Idaho within ninety (90) days from retiring, or the early retir…