1999 Legislation
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SENATE BILL NO. 1174 – PERSI, dispatchers, police officer

SENATE BILL NO. 1174

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S1174.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law to provide that
police, fire and ambulance dispatchers shall have police officer membership
status for retirement purposes.

02/12    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Com/HuRes

Bill Text


S1174


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1174

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1303,
 3        IDAHO  CODE,  TO PROVIDE THAT POLICE, FIRE AND AMBULANCE DISPATCHERS SHALL
 4        HAVE POLICE OFFICER MEMBERSHIP STATUS FOR RETIREMENT PURPOSES AND TO  MAKE
 5        A TECHNICAL CORRECTION.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 59-1303, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        59-1303.  ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
10    this chapter, each of the terms defined in this section shall have the meaning
11    given in this section unless a different meaning is clearly  required  by  the
12    context.
13        (2)  Police officer membership status for retirement purposes may be fixed
14    only by law, or by order of the retirement board.
15        (3)  Members  holding  or  filling  the following positions or offices are
16    designated by law as police officer members for retirement purposes during the
17    time of their appointment to that position or during their term of office:
18        (a)  (i)   The director and deputy  director  of  the  department  of  law
19             enforcement, the administrator of the Idaho state police division and
20             the assistant director of the police services division.
21             (ii)  Commissioned  personnel  of  the  state police division, police
22             services division and alcohol beverage control division holding posi-
23             tions which involve active law enforcement services, for  which  cur-
24             rent  POST certification is required to continue in employment in the
25             position, POST instructors, and department of law enforcement  train-
26             ing instructors.
27             (iii) Brand inspectors and brand inspector supervisors.
28             (iv)  Employees of the department of law enforcement serving in posi-
29             tions  of personnel management, accounting, data processing, clerical
30             services and in like general  classifications  found  in  departments
31             throughout  state  government  and not within the scope of active law
32             enforcement service are not eligible for police officer  member  sta-
33             tus.
34        (b)  (i)   County sheriffs;
35             (ii)  Deputy county sheriffs holding positions for which current POST
36             certification is necessary to continue in employment in the position,
37             the  principal  duties  of  which are active law enforcement service;
38             deputy county sheriffs holding positions which require accountability
39             for the safety and safekeeping of  persons  confined  in  a  city  or
40             county confinement facility or whose duties require active participa-
41             tion in county law enforcement activities pertaining to crime preven-
42             tion  or  reduction;  deputy  sheriffs, even though POST certified or
43             required to be POST  certified,  holding  positions  whose  principal


                                          2

 1             full-time  duties are those of a telephone operator, clerk, stenogra-
 2             pher, animal control  officer,  records  specialist,  or  duties  not
 3             within  the  scope of active law enforcement service are not eligible
 4             for police officer member status.
 5        (c)  (i)   City police chiefs;
 6             (ii)  City police officers holding positions for which  current  POST
 7             certification is necessary to continue in employment in the position,
 8             the  principal  duties  of  which are active law enforcement service;
 9             city police officers holding positions which  require  accountability
10             for  the  safety  and  safekeeping  of  persons confined in a city or
11             county confinement facility or whose duties require active participa-
12             tion in city law enforcement activities pertaining to  crime  preven-
13             tion  or  reduction;  police  officers, even though POST certified or
14             required to be POST  certified,  holding  positions  whose  principal
15             full-time  duties are those of a telephone operator, clerk, stenogra-
16             pher, animal control  officer,  records  specialist,  or  duties  not
17             within  the  scope of active law enforcement service are not eligible
18             for police officer member status.
19        (d)  Employees of the department of fish and game serving in  a  conserva-
20        tion officer position for which current POST certification is necessary to
21        continue in employment in that position and which position has as its pri-
22        mary  accountability the enforcement of wildlife protection laws and regu-
23        lations.
24        (e)  (i)   The director of the department of correction, the deputy direc-
25             tor for probation and parole, and wardens of institutions;
26             (ii)  Employees of the department of correction accountable  for  the
27             custody,  safety, safekeeping or supervision of persons confined in a
28             department confinement facility and whose  work  station  is  located
29             within the confinement facility;
30             (iii) Probation and parole supervisors, probation and parole investi-
31             gators, and probation and parole officers;
32             (iv)  Correctional peace officer training instructors;
33             (v)   Employees  of the department of correction serving in positions
34             of personnel management, accounting, data processing,  clerical  ser-
35             vices  and  in  like  general  classifications  found  in departments
36             throughout state government and not within the scope  of  active  law
37             enforcement  service  are not eligible for police officer member sta-
38             tus.
39        (f)  Employees of the adjutant general and military division of the  state
40        where military membership is a condition of employment.
41        (g)  Magistrates  of  the  district  court; justices of the supreme court,
42        judges of the court of appeals, and district judges who have made an elec-
43        tion under section 1-2011, Idaho Code; and court employees  designated  by
44        court order to have primary responsibility for court security or transpor-
45        tation of prisoners.
46        (h)  Paramedics and paramedic trainees.
47        (i)  Criminal investigators of the attorney general's office, and criminal
48        investigators of a prosecuting attorney's office.
49        (j)  The  director of security and the criminal investigators of the Idaho
50        state lottery.
51         (k)  Police, fire and ambulance dispatchers. 
52        (4)  A member may be designated by the retirement board as a police  offi-
53    cer  member  for  retirement purposes if the position held is one in which the
54    principal duties involve hazardous law enforcement duties.
55        (a)  For purposes of this  section,  "hazardous  law  enforcement  duties"


                                          3

 1        means principal duties which:
 2             (i)   Will  reasonably  expect  to  increase the probability of early
 3             superannuation;
 4             (ii)  Is associated with life-threatening risk or presents a position
 5             of peril either to the member or to others, or which  can  place  the
 6             public safety in jeopardy; and
 7             (iii) Either  compels  others  to  observe the law, pertains to crime
 8             prevention, or pertains to crime reduction, including police, courts,
 9             prosecution, correction, or rehabilitation.
10        (b)  If continued employment in a position is conditioned  on  maintaining
11        current POST certification, such condition shall be evidence to be consid-
12        ered that the employee is a police officer member for retirement purposes.
13             (i)   After  July  1,  1985, a requirement for POST certification for
14             classified state employees may be made only by the personnel  commis-
15             sion.
16        (c)  Occasional  assignments  to  hazardous  law enforcement duties do not
17        create a condition for designation as a police officer member for  retire-
18        ment purposes.
19        (5)  Any  employer or agency that believes that any employee, not specifi-
20    cally designated as a police officer by law, is incorrectly  classified  as  a
21    nonpolice  officer  member, may petition the retirement board for inclusion of
22    that employee's position as one to be filled by a police  officer  member  for
23    retirement  purposes.  The  petition  shall be in writing and shall explain in
24    detail the principal duties of the position and include written evidence which
25    establishes that the criteria of subsection (4)  of this  section  
26    are  met. The board shall review the petition and evidence, together with such
27    information and evidence as may be presented by the staff  of  the  retirement
28    system.  The  board may decide the matter based upon the information supplied,
29    may request additional information, or may request an oral presentation before
30    the board. The decision of the board shall be final, but  a  similar  petition
31    may be resubmitted after six (6) months.
32        (6)  On  and after July 1, 1985, no active member shall be classified as a
33    police officer for retirement purposes unless the employer shall  have  certi-
34    fied  to  the  board,  on a form provided by the board, that such member is an
35    employee whose primary position with the employer is one  designated  as  such
36    within  the  meaning  of  this chapter, and the board shall have accepted such
37    certification. Acceptance by the board of an employer's certification shall in
38    no way limit the board's right to  review  and  reclassify  the  position  for
39    retirement  purposes  based  upon  an audit or other relevant information pre-
40    sented to the board.
41        (7)  An active member classified as a police officer for  retirement  pur-
42    poses  whose  position is reclassified to that of a general member for retire-
43    ment purposes as a result of a determination that the position does  not  meet
44    the requirements of this chapter for police officer status for retirement pur-
45    poses  shall  become  a  general member but shall not lose retirement benefits
46    earned and accrued prior to the reclassification. If that member continues  to
47    be  employed  in  that  same  position until retired, that member then will be
48    deemed to be a police officer member for the purposes of retirement  eligibil-
49    ity.

Statement of Purpose / Fiscal Impact


STATEMENT OF PURPOSE

RS09045

For retirement purposes only, this bill would re-define emergency dispatchers under the additional definitions for Police Officer Status.

Emergency dispatchers often suffer from the same types of high stress that police officers do, and therefore should be considered in the same light regarding retirement.







FISCAL NOTE




The fiscal impact is difficult, but should be minimal. Currently there are approximately 320 employees in this category statewide. annually, only a few of these would become eligible to retire earlier. Exact calculations will be undertaken by PERSI.




CONTACT: Senator Jack Riggs 332-1337









STATEMENT OF PURPOSE/ FISCAL NOTE	S1174