Title 59, PUBLIC OFFICERS IN GENERAL

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 injury or death 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 offic…

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…

59-1358. Computation of separation benefits. The separation benefit shall equal the excess, if any, of the member’s accumulated contributions at the time the benefit becomes payable over the aggregate of all retirement allowance payments ever made to the member.

59-1359. Separation benefits. (a) The separation benefit, if any, shall become payable upon the written request of an inactive member who has been separated from employment. If the person who received a separation benefit is reemployed or reinstated by the same employer within ni…

59-1360. Cessation of membership — Reinstatement. A person shall cease to be a member when the person’s accumulated contributions are paid to the person. After again becoming an employee the member may reinstate previous credited service by repaying to the retirement fund the ful…

59-1361. Computation of death benefits — Method of payment — Optional death benefit. (1) The death benefit of an active or inactive member not vested at time of death shall equal the excess, if any, of the member’s accumulated contributions at the time the benefit becomes payable…

59-1362. Purchase of active duty service in the armed forces. (1) If a member is entitled to reemployment rights related to the member’s active duty service under the uniformed services employment and reemployment rights act of 1994 (USERRA), as amended, any period of that active…

59-1363. Purchase of membership service. (1) Notwithstanding any other provision of this chapter, an active or inactive member who is vested may purchase up to forty-eight (48) months of membership service within ninety (90) days prior to the date of retirement as defined in sect…

59-1365. Voluntary unused sick leave pool. The board is authorized to establish and administer an unused sick leave pool for the voluntary participation of employer units not eligible to participate in other statutorily created sick leave arrangements. The pool shall be funded en…

59-1391. Definitions. As used in sections 59-1391 through and including 59-1398, Idaho Code, each of the terms defined shall have the meaning given in this section or in section 59-1302, Idaho Code, unless a different meaning is clearly required by the context. (a) "Board" means …

59-1392. Transfer of all assets, liabilities, duties, obligations and rights of the firefighters’ retirement fund to the employee system. All of the funds, assets, liabilities, duties, obligations and rights provided for by chapter 14, title 72, Idaho Code, shall be transferred t…

59-1393. Contributions. (1) Employers shall deduct, withhold and remit contributions from the salaries of paid firefighters who were employed as paid firefighters prior to October 1, 1980, as provided by section 72-1431, Idaho Code. (2) Employers shall make payments required by t…

59-1394. Excess costs — Additional contributions. (1) In addition to the employee and employer contributions required by chapter 14, title 72, Idaho Code, additional contributions shall be required to fund the provisions of this section. These costs shall be borne by employers an…

59-1395. Membership rights and duties. The rights, benefits, memberships, payments, duties and obligations of paid firefighters whose employment begins on or after October 1, 1980, with respect to membership and participation in the employee system shall be governed by the provis…

59-1398. Membership in social security. The provisions of the federal social security system are hereby made applicable to all paid firefighters hired for the first time on or after October 1, 1980.

59-1401. Short title. This act shall be known and may be cited as the "Emergency Interim Executive and Judicial Succession Act."

59-1402. Declaration of policy. Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and r…

59-1403. Definitions. Unless otherwise clearly required by the context, as used in this act: (a) Unavailable means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful inc…

59-1404. Additional successors to office of governor. In the event that the governor, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the lieutenant governor, pres…

59-1405. Emergency interim successors for state officers. All state officers subject to such regulations as the governor (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) may issue, shall, u…

59-1406. Enabling authority for emergency interim successors for local offices. With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be…

59-1407. Emergency interim successors for local officers. The provisions of this section shall be applicable to officers of political subdivisions (including, but not limited to, cities, towns, villages, townships, and counties, as well as school, fire, power and drainage distric…

59-1408. Special emergency judges. In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed…

59-1409. Formalities of taking office. At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstan…

59-1410. Period in which authority may be exercised. Officials authorized to act as governor pursuant to this act, emergency interim successors and special emergency judges are employed to exercise the powers and discharge the duties of an office as herein authorized only after a…

59-1411. Removal of designees. Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this act, including section 59-1410 hereof, said per…

59-1412. Disputes. Any dispute concerning a question of fact arising under this act with respect to an office in the executive branch of the state government (except a dispute of fact relative to the office of governor) shall be adjudicated by the governor (or other official auth…

59-1601. Applicability. The provisions of this chapter shall be applicable to those nonclassified officers and employees in the several executive agencies of state government as defined in chapter 53, title 67, Idaho Code, to the officers and employees of any executive department…

59-1602. Applicability of federal merit system standards. Notwithstanding any other provision wherever federal merit system standards are applicable to any nonclassified position, officer or employee, financed in whole or in part by federal funds, rules and regulations shall be e…

59-1603. Conformity with classified positions. (1) To the extent possible, each nonclassified position in the executive department will be paid a salary or wage comparable to classified positions with similar duties, responsibilities, training, experience and other qualifications…

59-1604. Credited state service. (1) For the purposes of payroll, vacation or annual leave, sick leave and other applicable purposes, credited state service shall be earned by: (a) The elective officers of the executive department, except the lieutenant governor; (b) Nonclassifie…

59-1605. Sick leave computation. (1) Eligible nonclassified officers and employees shall accrue sick leave at the same rate and under the same conditions as is provided in section 67-5333, Idaho Code, for classified officers and employees. (2) Sick leave shall be taken by nonclas…

59-1606. Vacation time. (1) Eligible nonclassified officers and employees in the executive department and in the legislative department shall accrue vacation leave and take vacation leave at the same rate and under the same conditions as is provided in section 67-5334, Idaho Code…