Title 72, WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

72-1405. POWERS AND DUTIES OF PUBLIC EMPLOYEE RETIREMENT BOARD. The public employee retirement system board shall have power to make rules and regulations for the administration of this chapter, to prescribe forms and require registration, to delegate its authority to act in spec…

72-1406. ADMINISTRATION OF PROVISIONS OF CHAPTER. The provisions of this chapter shall be administered by the public employee retirement system board without liability on the part of the state, or of any of its officers, beyond the moneys in the public employee retirement account…

72-1407. POWER OF BOARD TO SUE AND BE SUED. The public employee retirement system board shall, in its official name, have power to sue and be sued in all matters arising out of the administration, management and enforcement of this chapter. The venue of all actions in which the b…

72-1408. POWER OF BOARD TO ENGAGE EMPLOYEES. The public employee retirement system board shall have power to engage all needful assistants, experts, accountants, clerks, and other employees which may be found necessary by it, in carrying out the provisions of this chapter, the sa…

72-1409. EMPLOYMENT OF ATTORNEYS AND AGENTS. The public employee retirement system board and its director are hereby given power and authority to employ attorneys and agents in the administration of this chapter, its conservation and protection.

72-1410. RISKS AUTHORIZED TO BE INSURED -- PAYMENT OF PREMIUMS. In event the public employee retirement system board shall determine that there are risks arising under the terms of this chapter which may be made the subject of insurance against loss to the public employee retirem…

72-1411. LIABILITY OF BOARD. The public employee retirement system board shall not, nor shall any person employed by it, be personally liable in its private capacity for or on account of any act performed or entered into in an official capacity in good faith and without intent to…

72-1421. FUNDS -- HOW USED. All moneys coming into the public employee retirement account under the provisions of this chapter are hereby continuously appropriated for the objects and purposes of this chapter and the uses and purposes set forth in this chapter, and to pay all cos…

72-1422. BENEFITS EXEMPT FROM EXECUTION -- NOT ASSIGNABLE. No benefits or payments payable under the provisions of this chapter shall be subject to execution, nor assignable, nor shall the same be hypothecated or in any manner encumbered, except as ordered by a court to be transf…

72-1423. FILING OF CLAIMS -- PROCEDURE -- JURISDICTION OF INDUSTRIAL COMMISSION. All claims against the public employee retirement account shall be filed with the public employee retirement system board. Any appeal from a decision of the board shall be filed with the industrial c…

72-1424. PRESENTATION OF FALSE CLAIM PENALIZED. Any person making a false claim for allowance of benefits or payment of money under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punished as provided by law.

72-1425. WORKERS' COMPENSATION LAW NOT REPEALED. No provision contained in this chapter shall be deemed to operate as either a repeal or modification of any provision of the Workers' Compensation Law of this state, except as hereinafter specifically set forth.

72-1426. RECORDS TO BE PUBLIC RECORDS. The records of the industrial commission, insofar as they relate to the administration, management, and enforcement of this chapter, shall constitute public records.

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 …

72-1431. CONTRIBUTION FROM FIREFIGHTERS -- MANNER OF COLLECTION. Beginning October 1, 1978, there is hereby levied upon and shall be paid to the public employee retirement system board, in addition to other provisions of payment to the board, a contribution from each paid firefig…

72-1432. PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE DISTRICTS -- REMITTANCES. Beginning October 1, 1978, it shall also be the duty of the cities and fire districts of this state employing paid firefighters who are establishing the right to benefits under the provisions of chap…

72-1433. FAILURE OF CITY OR FIRE DISTRICT TO MAKE PAYMENT -- EFFECT. In event any city or fire district of this state shall fail to contribute to the public employee retirement system board for any cause whatever, the provisions of this chapter shall apply to and be available for…

72-1434. OPTIONAL PENSION AMOUNTS -- OPTION I AND OPTION II. Prior to July 1, 1976, but not thereafter, any paid firefighter in this state, as defined in subsection (A) of section 72-1403, Idaho Code, may elect to receive his or her retirement benefits in accordance with the prov…

72-1435. VOLUNTARY RETIREMENT -- YEARS OF SERVICE DETERMINE PENSION BENEFIT. (1) Any Option I firefighter, as provided in section 72-1434, Idaho Code, who has had the contributions remitted as provided in sections 72-1431 and 72-1432, Idaho Code, for the same number of years as h…

72-1441. DATE OF PAYMENT. All claims for benefits originating under Option II from and after October 1, 1979 shall be payable as provided in section 72-1434 through section 72-1451, Idaho Code. All claims for benefits being paid or originating prior to October 1, 1979 shall be pa…

72-1442. PENSION PAYMENT -- MAXIMUM. (1) No paid firefighter, retiring under the provisions of chapter 14, title 72, Idaho Code, shall receive more than one hundred percent (100%) of the firefighter's average compensation for the three (3) consecutive years which produce the grea…

72-1443. ACCRUED PENSION PAYMENT -- FIREFIGHTERS DISCONTINUING SERVICE PRIOR TO VOLUNTARY RETIREMENT. A paid firefighter, irrespective of date of hire, who has at least five (5) years of continuous service as defined in section 72-1403, subsections (E) and (H), Idaho Code, and wh…

72-1444. REFUND TO FIREFIGHTER TERMINATING EMPLOYMENT -- REPAYMENT ON REEMPLOYMENT -- CONVERSION OF CONTRIBUTIONS -- PURCHASE OF SERVICE CREDITS. (1) If the employment of a paid firefighter, irrespective of date of hire, as defined in this chapter, is terminated for any reason pr…

72-1445. PENSION PAYMENT -- RETIREMENT OF FIREFIGHTER INCAPACITATED IN THE PERFORMANCE OF DUTY. (1) Any paid firefighter incapacitated by injury in the performance of duty, or by illness attributable wholly or partially to service as a paid firefighter, shall be retired so long a…

72-1446. PENSION PAYMENT -- RETIREMENT OF INCAPACITATED FIREFIGHTERS FOR NONSERVICE. (1) Any paid firefighter with not less than five (5) years' active service as defined in subsection (H) of section 72-1403, Idaho Code, as a paid firefighter who shall become totally incapacitate…

72-1447. PAYMENT OF PENSIONS -- AMOUNT TO BE PAID -- PARTIES ENTITLED THERETO. Any firefighter, spouse, child or children of a firefighter entitled to compensation under the Workers' Compensation Law, shall draw benefits under this chapter only to the extent that the benefits und…

72-1451. DISABILITY -- REEXAMINATION -- RETURN TO SERVICE. Irrespective of the date of retirement, at least once each year during the first five (5) years following the retirement of a firefighter with a disability retirement pension and in any three (3) year period thereafter, t…

72-1452. REVIEW OF DISABILITY. Upon application of a firefighter receiving a disability benefit, irrespective of the date of retirement, whether service or nonservice connected, or upon the board's own motion, the disability shall be reviewed by the board to determine whether a c…

72-1461. DEATH BENEFITS -- SPOUSE AND THE SURVIVING CHILD OR CHILDREN OF FIREFIGHTER KILLED IN PERFORMANCE OF DUTY. (1) In the event a paid firefighter is killed or sustains injury from which death results, while in the performance of duty and leaves surviving a spouse or a spous…

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 fire…

72-1463. DEATH BENEFITS -- SURVIVING SPOUSE AND SURVIVING CHILD OR CHILDREN OF RETIRED FIREFIGHTER. (1) In the event a paid firefighter, retired on retirement pay, shall die and leave surviving a spouse, or a spouse and firefighter's surviving child or children, the spouse, durin…

72-1464. DEATH BENEFITS -- SURVIVING SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER FIVE YEARS. (1) In the event a paid firefighter who shall have died from causes unconnected with said firefighter's official duties, but duri…

72-1465. DEATH BENEFITS -- SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER TWENTY-FIVE YEARS. (1) In the event a paid firefighter who shall have died from causes unconnected with said firefighter's official duties, but during …

72-1471. COST OF LIVING ADJUSTMENT. In addition to the monthly sums provided for under this chapter, any retired firefighter or his or her surviving spouse, child, or children drawing benefits shall be entitled to receive adjustments to such benefits, calculated on the percentage…

72-1472. SEPARABILITY. If any clause, section or provision of this chapter be found to be unconstitutional, the remainder of this chapter shall remain in full force and effect, notwithstanding such invalidity.