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 to the completion of twenty (20) years of service, and he cannot qualify for benefits under any other provision of this chapter, he shall be entitled to receive at the time of said termination one hundred percent (100%) of his accumulated contributions. If such firefighter is subsequently reemployed as a paid firefighter with duties which involve or are incidental to firefighting, he may reinstate his previous credited service by repaying to the retirement fund the full amount of his accumulated contributions provided such repayment includes payment of interest as determined by the board.
(2) In lieu of withdrawing his accumulated contributions as provided in subsection (1) of this section, a paid firefighter may elect to convert his accumulated contributions to an equivalent benefit entitlement under the provisions of chapter 13, title 59, Idaho Code, as if such contributions had been made by the firefighter at the contribution rate of a paid firefighter under the provisions of chapter 13, title 59, Idaho Code; this conversion will normally result in a higher "years of service" factor than the firefighter actually served under the provisions of chapter 14, title 72, Idaho Code. It is legislative intent that this is precisely the effect to be achieved.
(3) No paid firefighter may elect to proceed under the provisions of subsection (2) until he has been personally interviewed and advised by the director of the public employee retirement system, or his designee, on the choices available. The firefighter may be accompanied during such interview by any person of his choice.
(4) Paid firefighters who did not participate as a member of the system between January 1, 1978, and December 31, 1981, because of termination from employment due to reductions in work force may purchase service credits for all or part of that period. The cost of such service credit shall be the full actuarial cost as determined by the board and shall be paid in full prior to the effective date of retirement. The employer may elect, but is not required, to participate in purchasing service credit under this section. In no event shall the retirement system be liable for payment of any such costs. Terminations from employment due to a reduction in work force are limited to terminations that resulted from the elimination of a position due to budgetary constraints.
History:
[(72-1444) I.C., sec. 72-1429Q, as added by 1963, ch. 125, sec. 20, p. 358; am. 1972, ch. 43, sec. 1, p. 66; am. 1980, ch. 50, sec. 29, p. 94; 1990, am. and redesignated, ch. 231, sec. 94, p. 656; am. 1991, ch. 26, sec. 2, p. 50; am. 2000, ch. 322, sec. 1, p. 1089.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 14 - FIREMEN’S RETIREMENT FUND
Section 72-1401 - PURPOSE OF CHAPTER.
Section 72-1402 - CONSTRUCTION.
Section 72-1403 - DEFINITIONS.
Section 72-1404 - AVERAGE FINAL COMPENSATION.
Section 72-1405 - POWERS AND DUTIES OF PUBLIC EMPLOYEE RETIREMENT BOARD.
Section 72-1406 - ADMINISTRATION OF PROVISIONS OF CHAPTER.
Section 72-1407 - POWER OF BOARD TO SUE AND BE SUED.
Section 72-1408 - POWER OF BOARD TO ENGAGE EMPLOYEES.
Section 72-1409 - EMPLOYMENT OF ATTORNEYS AND AGENTS.
Section 72-1410 - RISKS AUTHORIZED TO BE INSURED — PAYMENT OF PREMIUMS.
Section 72-1411 - LIABILITY OF BOARD.
Section 72-1421 - FUNDS — HOW USED.
Section 72-1422 - BENEFITS EXEMPT FROM EXECUTION — NOT ASSIGNABLE.
Section 72-1423 - FILING OF CLAIMS — PROCEDURE — JURISDICTION OF INDUSTRIAL COMMISSION.
Section 72-1424 - PRESENTATION OF FALSE CLAIM PENALIZED.
Section 72-1425 - WORKERS’ COMPENSATION LAW NOT REPEALED.
Section 72-1426 - RECORDS TO BE PUBLIC RECORDS.
Section 72-1429E - SURVIVING CHILD.
Section 72-1431 - CONTRIBUTION FROM FIREFIGHTERS — MANNER OF COLLECTION.
Section 72-1432 - PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE DISTRICTS — REMITTANCES.
Section 72-1433 - FAILURE OF CITY OR FIRE DISTRICT TO MAKE PAYMENT — EFFECT.
Section 72-1434 - OPTIONAL PENSION AMOUNTS — OPTION I AND OPTION II.
Section 72-1435 - VOLUNTARY RETIREMENT — YEARS OF SERVICE DETERMINE PENSION BENEFIT.
Section 72-1441 - DATE OF PAYMENT.
Section 72-1442 - PENSION PAYMENT — MAXIMUM.
Section 72-1446 - PENSION PAYMENT — RETIREMENT OF INCAPACITATED FIREFIGHTERS FOR NONSERVICE.
Section 72-1447 - PAYMENT OF PENSIONS — AMOUNT TO BE PAID — PARTIES ENTITLED THERETO.
Section 72-1451 - DISABILITY — REEXAMINATION — RETURN TO SERVICE.
Section 72-1452 - REVIEW OF DISABILITY.
Section 72-1462 - DEATH BENEFITS — SPOUSE OF RETIRED FIREFIGHTER.