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 with the firefighter’s surviving child or children, the spouse, during his or her lifetime, shall be paid from the public employee retirement account the same pension the deceased firefighter would have been entitled to had the deceased firefighter retired as of the date of death, but in no event less than a monthly sum equal to: (a) sixty-five percent (65%) of the average paid firefighter’s salary or wage in this state, if the deceased firefighter was an Option I firefighter, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code; or, (b) sixty-five percent (65%) of the deceased firefighter’s average monthly salary or wage, based on his average final compensation, if the deceased firefighter was an Option II firefighter, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code. If the surviving spouse should die, the full retirement pay shall be paid to the firefighter’s surviving child or children until they reach the age of eighteen (18) years or shall marry, whichever occurs first; provided, however, that if said deceased firefighter shall have died without leaving a surviving spouse and leaving surviving a child or children, said firefighter’s surviving child or children shall be entitled to be paid from the public employee retirement account the same pension the deceased firefighter would have been entitled to had the deceased firefighter retired as of the date of death, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code, until they shall reach the age of eighteen (18) years or shall marry, whichever occurs first.
(2) 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.
(3) Those benefits payable under the provisions of subsection (1) of this section, or under the provisions of section 72-1445, Idaho Code, which were ordered prior to July 1, 1978, shall continue under the provisions of this chapter in effect at the time such benefit payment was ordered.
(4) Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.
History:
[(72-1461) 72-1429H, added 1963, ch. 125, sec. 11, p. 358; am. 1973, ch. 105, sec. 4, p. 179; am. 1980, ch. 50, sec. 25, p. 91; am. 1990, ch. 211, sec. 2, p. 473; 1990, am. and redesignated, ch. 231, sec. 100, p. 661; am. 1990, ch. 249, sec. 12, p. 714; am. 1991, ch. 27, sec. 1, p. 51; am. 1992, ch. 123, sec. 1, p. 402; am. 2006, ch. 19, sec. 3, p. 73; am. 2015, ch. 244, sec. 64, p. 1039.]
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.