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 by reason of a personal injury or disease occurring as the result of causes arising outside the course of his employment by the city or fire district, shall, so long as he remains totally incapacitated be paid a monthly sum equal to: (a) two per cent (2%) of the average paid firefighter’s salary or wage, as defined in section 72-1431, Idaho Code, in this state for each year’s active service, if the incapacitated firefighter is an Option I firefighter; or, (b) a monthly sum equal to two per cent (2%) of the said firefighter’s average monthly salary or wage, as defined in section 72-1431, Idaho Code, for each year’s active service based on his average final compensation, as defined in section 72-1404, Idaho Code, if the incapacitated firefighter is an Option II firefighter. "Totally incapacitated" as used in this section means the inability to perform work in any remunerative employment. It is not necessary for a person to be absolutely helpless or entirely unable to do anything worthy of compensation to be considered totally incapacitated. If the person is so incapacitated that substantially all the avenues of gainful employment are reasonably closed to him, his condition is within the meaning of "totally incapacitated." In evaluating whether a person is totally incapacitated, the medical factor of permanent impairment and nonmedical factors such as age, sex, education, economic and social environment, and training and usable skills shall be considered.
(2) In the event said firefighter has twenty-one (21) or more years’ service, and has otherwise met the requirements of section 72-1435, Idaho Code, if applicable, the monthly sum shall be the same amount as would be payable in the case of voluntary retirement.
(3) The monthly benefits provided for in this section shall vary annually according to the cost of living adjustment as set forth in section 72-1471, Idaho Code.
(4) Upon application of a firefighter or his or her department head for a nonservice disability retirement, and prior to said retirement, a medical examination of said firefighter shall be given by a medical committee, consisting of a physician named by the public employee retirement system board, a physician named by the firefighter claiming benefits, and a third physician designated by the first two (2) physicians so named. If the medical committee, by a majority opinion certifies in writing, that the firefighter is mentally or physically totally incapacitated the board may approve such application for retirement as provided herein.
(5) All paid firefighters who are receiving nonservice disability benefits shall be subject to the provisions of sections 72-1451 and 72-1452, Idaho Code.
History:
[(72-1446) I.C., sec. 72-1429F, as added by 1963, ch. 125, sec. 9, p. 358; am. 1967, ch. 17, sec. 4, p. 33; am. 1973, ch. 105, sec. 3, p. 179; am. 1976, ch. 273, sec. 7, p. 929; am. 1979, ch. 146, sec. 1, p. 446; am. 1980, ch. 50, sec. 24, p. 90; am. 1990, ch. 211, sec. 1, p. 472; 1990, am. and redesignated, ch. 231, sec. 96, p. 658.]
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.