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

72-1403. Definitions. The following are definitions of terms used in this chapter: (A) The words "paid fireman" are synonymous with "paid firefighter," and mean any individual, male or female, excluding office secretaries employed after July 1, 1967, who is on the payroll of any …

72-1404. Average final compensation. "Average final compensation" shall mean the average of the highest annual compensation received by the individual paid firefighter in this state, as defined in subsection (A) of section 72-1403, Idaho Code, during a period of five (5) consecut…

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 retireme…

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 cost…

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 transfe…

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 com…

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 firefigh…

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 chapt…

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 provi…

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 he…

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 great…

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 who…

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 prior…

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 as…

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 incapacitated…

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 under…

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, the…

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 spouse…

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 firef…

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, during…

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 durin…

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 t…

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.

72-1501. Commission for reapportionment. (1) A commission for reapportionment shall be organized, upon the order of the secretary of state, in the event that: (a) A court of competent jurisdiction orders a redistricting of an existing state legislative or congressional plan; or (…

72-1502. Members. The president pro tempore of the senate, the speaker of the house of representatives, and the minority leaders of the senate and the house of representatives shall each designate one (1) member of the commission and the state chairmen of the two (2) largest poli…

72-1503. Political activities prohibited. No person may serve on the commission who is a candidate for political office as the term "candidate" is defined in section 67-6602, Idaho Code. In the event a person serving on the commission becomes a candidate, a vacancy on the commiss…

72-1504. Compensation. Members of the commission shall receive an honorarium of seventy-five dollars ($75.00) per day for each day spent in the performance of their official duties and shall be reimbursed for travel expenses and food and lodging, subject to the limits provided by…

72-1505. Organization and procedure. The commissioners shall elect, by majority vote, a member or members to serve as chairman or cochairmen and other officers as they may determine. All proceedings of the commission shall be governed by the following procedure: (1) All meetings …

72-1506. Criteria governing plans. Congressional and legislative redistricting plans considered by the commission, and plans adopted by the commission, shall be governed by the following criteria: (1) The total state population as reported by the U.S. census bureau, and the popul…

72-1507. Expenses of commission. The council shall prepare and submit a budget for the expenses of the commission, including staff, equipment, meetings, salary and expense reimbursement of members, for consideration by the legislature not later than the session held in a year end…

72-1508. Final report. The final report of the commission shall be filed with the office of the secretary of state not more than ninety (90) days after the commission has been organized. At the next regular or special session of the legislature, the secretary of state shall trans…

72-1509. challenges — supreme court rules. (1) Within the time and in the manner prescribed by rule of the supreme court, any registered voter, incorporated city or county in this state may appeal to the supreme court a congressional or legislative redistricting plan adopted by t…

72-1510. challenges to plans. Prior to October 1 of a year ending in one (1), in which a new federal census is available, any registered voter, incorporated city or county in this state may challenge an existing legislative apportionment based upon the new federal census by filin…

72-1601. Short title. This chapter shall be known and may be cited as the "Directory of New Hires Act."

72-1602. Purpose. This chapter establishes an automated state directory of new hires to be administered by the department of labor for the purpose of securing for this state the maximum benefits of the act of congress, approved August 22, 1996, known as the "Personal Responsibili…

72-1603. Definitions. As used in this chapter: (1) "Date of hire" or "date of rehire" means the actual commencement of employment of an employee for wages or other remuneration. (2) "Department" means the Idaho department of labor. (3) "Director" means the director of the Idaho d…