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S1271.......................................by COMMERCE AND HUMAN RESOURCES PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the Public Employee Retirement System to clarify that suspended benefits are considered retiree benefits in the event a death benefit becomes payable. 01/18 Senate intro - 1st rdg - to printing 01/19 Rpt prt - to Com/HuRes 02/10 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Werk Title apvd - to House 02/22 House intro - 1st rdg - to Com/HuRes 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Crow, Deal, Sali, Shepherd(8), Stevenson, Wood Floor Sponsor - Lake Title apvd - to Senate 03/13 To enrol 03/14 Rpt enrol - Pres signed 03/15 Sp signed 03/16 To Governor 03/22 Governor signed Session Law Chapter 151 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1271 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1356, 3 IDAHO CODE, TO REVISE TERMINOLOGY AND TO CLARIFY THAT SUSPENDED BENEFITS 4 ARE CONSIDERED RETIREE BENEFITS IN THE EVENT A DEATH BENEFIT BECOMES PAY- 5 ABLE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 59-1356, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 59-1356. REEMPLOYMENT OF RETIRED MEMBERS. (1) If an early retired member 10 is reemployed with the same employer within ninety (90) days from retiring, or 11 the early retired member is guaranteed reemployment with the same employer the 12 member shall be considered to have continued in the status of an employee and 13 not to have separated from service. Any retirement allowance payments received 14 by the retired member shall be repaid to the system and the retirement shall 15 be negated. The month of last contribution prior to the negated retirement and 16 the month of initial contribution upon return to reemployment shall be consid- 17 ered consecutive months of contributions in the determination of an appropri- 18 ate salary base period upon subsequent retirement. 19 (2) When a retired member meets the definition of an employee as defined 20 in section 59-1302(14)(A)(a), Idaho Code, any benefit payable on behalf of 21 such member shallterminatebe suspended and any contributions payable by such 22 member under sections 59-1331 through 59-1334, Idaho Code, shall again com- 23 mence, except as provided in subsection (3) of this section. Theterminated24 suspended benefit, as adjusted pursuant to section 59-1355, Idaho Code, shall 25 resume upon subsequent retirement, along with a separate allowance computed 26 with respect to only that salary and service credited during the period of 27 reemployment. Any death benefit that becomes payable under the suspended bene- 28 fit shall be payable under section 59-1361(2), Idaho Code. Any death benefit 29 that becomes payable with respect to salary and service accrued during the 30 period of reemployment shall be payable under section 59-1361(3), Idaho Code, 31 if the member dies during the period of reemployment. 32 (3) If a retired member again becomes employed and an employer certifies 33 to the board that the member does not qualify as an employee as defined in 34 this section and section 59-1302(14)(A)(a), Idaho Code, no contributions shall 35 be made by the member or employer during such reemployment and any benefit 36 payable on behalf of such member shall continue. 37 (4) For purposes of this section, "same employer" means the employer for 38 which the retired member last worked prior to retirement.
STATEMENT OF PURPOSE RS 15334 Idaho Code 59-1361 defines death benefits payable on behalf of active, inactive, disabled, and retired members of PERSI. Death benefits payable on behalf of active, inactive, and disabled members under subsection (3) are calculated at two (2) times a member s accumulated contributions, less any benefits paid. Death benefits payable on behalf of retired members under subsection (2), if any, are equal to accumulated contributions less any benefits paid. Idaho Code 59-1356 permits retired members to return to PERSI covered employment and provides that their monthly PERSI benefit be "terminated" while they are so employed. This bill amends the "terminated" language in Idaho Code 59-1356 to "suspended" to more accurately describe the status of the benefit while re- employed. It also clarifies that the member Is treated as a retiree under subsection (2) of Idaho Code 59-1361 for purposes of any death benefit that might be payable with respect to the "suspended benefit." Any death benefit payable with respect to new service accrued during the period of reemployment would be paid according to the member s status at the time of death. This means that the benefit accrued during the period of re-employment could be paid under subsection (3) of Idaho Code 59-1361 if the member dies during the period of reemployment. This is consistent with current PERSI practice under current law. FISCAL NOTE None. CONTACT Name: Alan Winkle Agency: PERSI Phone: 334-2455 STATEMENT OF PURPOSE/FISCAL NOTE S 1271