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 over the aggregate of all benefit payments ever made to the member.
(2) The death benefit of an early or service retired member shall equal the excess, if any, of the member’s accumulated contributions at the time the member retired over the aggregate of all retirement allowance payments ever made to the member, the member’s named contingent annuitant, and the optional death benefit recipient, if any.
(3) The death benefit of a vested member who, at the time of death is either active, inactive, or a disability retiree, shall equal the excess, if any, of two hundred percent (200%) of the member’s accumulated contributions at the time of death over the aggregate of all benefit payments ever made to the member and the optional death benefit recipient, if any.
(4) The death benefit, if any, will be paid to the member’s designated beneficiary who is surviving the member at the time the benefit becomes payable. If no beneficiary has been designated or the designated beneficiary has predeceased the member, the death benefit will be paid to the surviving spouse, and if there is no surviving spouse it will be paid in accordance with the laws of descent and distribution of the state of Idaho as they may then be in effect. The designated beneficiary may waive, in writing as required by the board, any death benefit otherwise payable. If the designated beneficiary waives the death benefit, it will be paid as if the designated beneficiary predeceased the member.
(5) When the surviving spouse of a vested member is entitled to a death benefit under subsection (3) of this section, the surviving spouse may elect either an allowance as provided in option 1 under section 59-1351, Idaho Code, or a one (1) time lump sum death benefit payment as provided in subsection (3) of this section. The initial retirement allowance upon which such optional retirement allowance is based shall be calculated as if the member had retired immediately before his death. If the member is not then eligible to receive a service or early retirement allowance, such initial retirement allowance shall equal the actuarial equivalent of the retirement allowance payable when the member would first be eligible for service or early retirement, calculated as if he had separated from service immediately before his death.
History:
[(59-1361) 1963, ch. 349, Art. 6, sec. 2, p. 988; am. 1974, ch. 57, sec. 15, p. 1118; am. 1976, ch. 97, sec. 9, p. 413; am. 1984, ch. 132, sec. 5, p. 316; am. 1986, ch. 147, sec. 4, p. 414; 1990, am. and redesignated, ch. 231, sec. 49, p. 641; am. 1990, ch. 249, sec. 6, p. 711; am. 1992, ch. 220, sec. 10, p. 669; am. 1997, ch. 348, sec. 1, p. 1034; am. 1999, ch. 160, sec. 1, p. 438; am. 1999 ch. 199, sec. 7, p. 527; am. 2004, ch. 211, sec. 1, p. 637.]
Structure Idaho Code
Title 59 - PUBLIC OFFICERS IN GENERAL
Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM
Section 59-1302 - DEFINITIONS.
Section 59-1303 - POLICE OFFICER MEMBER STATUS.
Section 59-1304 - RETIREMENT BOARD — APPOINTMENT.
Section 59-1305 - POWERS AND DUTIES OF BOARD — INDEMNIFICATION.
Section 59-1305A - CRIMINAL HISTORY CHECKS.
Section 59-1306 - CONFORMITY WITH FEDERAL TAX CODE TO MAINTAIN QUALIFIED PLAN TAX STATUS.
Section 59-1307 - AGREEMENTS WITH OTHER RETIREMENT SYSTEMS.
Section 59-1309 - ALLOCATION OF EXTRAORDINARY GAINS.
Section 59-1312 - SELECTION OF FUNDING AGENT(S) — INVESTMENT OF ASSETS — TAX EXEMPTION.
Section 59-1313 - TRUST AGREEMENT — AMENDED TO COMPLY WITH THIS CHAPTER.
Section 59-1314 - RULES — PROCEDURES FOR HEARINGS PRIOR TO APPEALS — APPEALS.
Section 59-1316 - MEMBER’S RETIREMENT RECORDS CONFIDENTIAL.
Section 59-1317 - RIGHTS TO BENEFITS INALIENABLE.
Section 59-1318 - RIGHTS IN ASSETS OF SYSTEM LIMITED.
Section 59-1319 - APPROVED DOMESTIC RETIREMENT ORDERS — REQUIREMENTS.
Section 59-1320 - APPROVED DOMESTIC RETIREMENT ORDERS — APPLICATION AND EFFECT.
Section 59-1322 - EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION.
Section 59-1324 - TRANSFER OF MONEYS FROM STATE COMMUNITY COLLEGE ACCOUNT.
Section 59-1325 - EMPLOYER REMITTANCE TO BOARD — COLLECTION OF DELINQUENCIES.
Section 59-1327 - MAKING A FALSE CLAIM — MISDEMEANOR.
Section 59-1328 - ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH REPORTING REQUIREMENTS.
Section 59-1329 - BOARD REGULATIONS.
Section 59-1331 - CONTRIBUTIONS.
Section 59-1332 - PICK UP OF EMPLOYEE CONTRIBUTIONS.
Section 59-1333 - CONTRIBUTIONS FROM EMPLOYEES.
Section 59-1334 - CONTRIBUTIONS — FROM POLICEMEN AND FIREFIGHTERS.
Section 59-1335 - CONTRIBUTIONS — FROM SCHOOL EMPLOYEES.
Section 59-1341 - CONDITIONS OF ELIGIBILITY FOR SERVICE RETIREMENT.
Section 59-1342 - COMPUTATION OF SERVICE RETIREMENT ALLOWANCES — MINIMUM BENEFITS.
Section 59-1343 - CONVERSION AND COMMUTATION OF CERTAIN PAYMENTS.
Section 59-1344 - TIME FOR PAYMENT OF SERVICE RETIREMENT OR EARLY RETIREMENT.
Section 59-1345 - VESTED MEMBER ELIGIBLE FOR EARLY RETIREMENT.
Section 59-1346 - COMPUTATION OF EARLY RETIREMENT ALLOWANCES.
Section 59-1350 - DEFERRAL OF EARLY RETIREMENT.
Section 59-1352 - ELIGIBILITY FOR DISABILITY RETIREMENT.
Section 59-1352A - PUBLIC SAFETY OFFICER PERMANENT DISABILITY BENEFIT.
Section 59-1352B - PUBLIC SAFETY OFFICER CATASTROPHIC LINE OF DUTY BENEFITS.
Section 59-1353 - COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES.
Section 59-1354 - TIME FOR PAYMENT OF DISABILITY RETIREMENT ALLOWANCE.
Section 59-1354A - MEMBERS RECEIVING A DISABILITY RETIREMENT RETURNING TO WORK.
Section 59-1355 - POSTRETIREMENT ALLOWANCE ADJUSTMENTS.
Section 59-1356 - REEMPLOYMENT OF RETIRED MEMBERS.
Section 59-1358 - COMPUTATION OF SEPARATION BENEFITS.
Section 59-1359 - SEPARATION BENEFITS.
Section 59-1360 - CESSATION OF MEMBERSHIP — REINSTATEMENT.
Section 59-1361 - COMPUTATION OF DEATH BENEFITS — METHOD OF PAYMENT — OPTIONAL DEATH BENEFIT.
Section 59-1361A - PUBLIC SAFETY OFFICER DEATH BENEFITS.
Section 59-1362 - PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES.
Section 59-1363 - PURCHASE OF MEMBERSHIP SERVICE.
Section 59-1365 - VOLUNTARY UNUSED SICK LEAVE POOL.
Section 59-1381 - MERGER OF CITY SYSTEMS INTO STATE EMPLOYEE SYSTEM — DEFINITIONS.
Section 59-1382 - CITY ORDINANCE ELECTING MERGER — CONTRACT WITH BOARD.
Section 59-1384 - BENEFITS NOT REDUCED.
Section 59-1391 - DEFINITIONS.
Section 59-1393 - CONTRIBUTIONS.
Section 59-1394 - EXCESS COSTS — ADDITIONAL CONTRIBUTIONS.
Section 59-1395 - MEMBERSHIP RIGHTS AND DUTIES.
Section 59-1396 - LIMIT ON SEPARATION BENEFIT.
Section 59-1397 - BENEFITS PAYABLE.
Section 59-1398 - MEMBERSHIP IN SOCIAL SECURITY.
Section 59-1399 - COOPERATION OF STATE INSURANCE FUND.
Section 59-1399A - DIVESTMENT OF CERTAIN ASSETS RELATED TO RUSSIA.