2001 Legislation
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HOUSE BILL NO. 39 – PERSI, member record, info released


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Daily Data Tracking History

H0039........................................................by MR. SPEAKER
         Requested by: Public Employee Retirement System of Idaho
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law to clarify the
information the Public Employee Retirement Board may provide to a spouse or
former spouse of a member.
01/08    House intro - 1st rdg - to printing
    Rpt prt - to St Aff
01/11    Rpt out - to Com/HuRes
02/02    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 66-0-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Bieter, Crow, Cuddy, Mr. Speaker
    Floor Sponsor -- Bolz
    Title apvd - to Senate
02/08    Senate intro - 1st rdg - to Com/HuRes
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsors -- Bunderson & Stegner
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 90
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 39
                                       BY MR. SPEAKER
                  Requested by: Public Employee Retirement System of Idaho
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 59-1316, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        59-1316.  MEMBER'S RETIREMENT RECORDS CONFIDENTIAL. (1) Each member  shall
  9    furnish  the board with such information as the board shall deem necessary for
 10    the proper operation of the system. As provided in section 9-340C, Idaho Code,
 11    information contained in the retirement system mortgage portfolio  loan  docu-
 12    ments  and  in each member's retirement system records is confidential and may
 13    not be divulged except as ordered by a court; or except as may be required  by
 14    the employer member or by the retirement board and its staff in order to carry
 15    into effect the purposes of this chapter.
 16        (2)  A  member  may by his written authorization release specific informa-
 17    tion from his own retirement system records to a stated designee. If the  mem-
 18    ber  is  deceased,  the  member's  contingent annuitant or beneficiary may, by
 19    written authorization, release specific information from the member's  retire-
 20    ment system records to a stated designee.
 21        (3)  The  retirement  system  may also disclose the identity of a deceased
 22    member's beneficiary to the member's spouse, children, and  to  the  court-ap-
 23    pointed administrator of the member's estate.
 24        (4)  Should a court order direct distribution or partial distribution of a
 25    member's  benefit  as  defined  in either chapter 13, title 59, Idaho Code, or
 26    chapter 14, title 72, Idaho Code, to the member's spouse or former spouse, the
 27    system may release to the spouse, former spouse,  or  the  court  issuing  the
 28    order,  information  pertaining  to  the member's retirement account only with
 29    regard to the calculation, division and distribution of the spouse's or former
 30    spouse's community property portion or segregation of the member's accounts or
 31    benefit. This information includes account  balances,  service  accumulations,
 32    and  related information and histories, but does not include current addresses
 33    and phone numbers. The system may release the same information to  a  member's
 34    current  spouse  at any time, regardless of whether a court has ordered a dis-
 35    tribution or division of the member's account.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 10521
  Section 59-1316, Idaho Code, authorizes the retirement system
to provide certain information to a spouse or former spouse
when a court orders a division of PERSI benefits.  However,
due to the recent introduction of domestic retirement orders
it is necessary to further clarify what information is
available to a spouse or former spouse.
  This bill permits the retirement system to provide certain
information pertaining to the division or segregation of a
member's accounts or benefits to a spouse or former spouse. 
It also specifically exempts from disclosure current addresses
or phone numbers.  This is intended to make information more
readily available to those with legitimate property interests
in an account, while continuing to protect a member's legitimate
privacy interests.
                          FISCAL IMPACT

Name:     Alan Winkle
Agency:   PERSI
Phone:    334-3365