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H0041........................................................by MR. SPEAKER Requested by: Public Employee Retirement System of Idaho PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law to provide that erroneous employee contributions may be refunded upon a distributable event; to authorize the Public Employee Retirement Board to determine by rule the appropriate benefit level subject to commutation; and to clarify the scope of in-service disability retirement for general members. 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 02/09 3rd rdg - PASSED - 68-1-1 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Collins, Crow, Cuddy, 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, Young, Mr. Speaker NAYS -- Clark Absent and excused -- Wood Floor Sponsor -- Ridinger Title apvd - to Senate 02/12 Senate intro - 1st rdg - to Com/HuRes 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, 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, Williams, NAYS -- None Absent and excused -- None Floor Sponsors -- Bunderson & Goedde Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 138 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 41 BY MR. SPEAKER Requested by: Public Employee Retirement System of Idaho 1 AN ACT 2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1331, 3 IDAHO CODE, TO PROVIDE THAT ERRONEOUS EMPLOYEE CONTRIBUTIONS MAY BE 4 REFUNDED UPON A DISTRIBUTABLE EVENT; AMENDING SECTION 59-1343, IDAHO CODE, 5 TO AUTHORIZE THE RETIREMENT BOARD TO DETERMINE BY RULE THE APPROPRIATE 6 BENEFIT LEVEL SUBJECT TO COMMUTATION; AMENDING SECTION 59-1352, IDAHO 7 CODE, TO REVISE PUNCTUATION TO CLARIFY THE SCOPE OF IN-SERVICE DISABILITY 8 RETIREMENT FOR GENERAL MEMBERS; AND AMENDING SECTION 59-1396, IDAHO CODE, 9 TO PROVIDE CORRECT CODE CITATIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 59-1331, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 59-1331. CONTRIBUTIONS. (1) Beginning on or after the later of the date 14 of establishment or employment, each active member shall contribute toward the 15 cost of the benefits provided under this chapter. This contribution shall be 16 made in the form of a deduction from salary to be transmitted to the board in 17 accordance with section 59-1325, Idaho Code. 18 (2) Any person who was prevented from being an active member during his 19 first twelve (12) months of employment due to the restriction contained in 20 subsection (2) of section 59-1302, Idaho Code, may, prior to December 31, 21 1975, pay the board the contributions he would have made absent said restric- 22 tion and be credited with membership service for such period of time. The time 23 for payment shall be extended provided such payment includes regular interest 24 from December 31, 1975. 25 (3) Employee contributions received by the board in error may be refunded 26 upon a distributable event with regular interest. 27 SECTION 2. That Section 59-1343, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 59-1343. CONVERSION AND COMMUTATION OF CERTAIN PAYMENTS. Unless the 30 retirement board establishes a different level by rule, benefit pPayments of 31 less than twenty dollars ($20.00) per month shall be commuted into an actuari- 32 ally equivalent single sum. 33 SECTION 3. That Section 59-1352, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 59-1352. ELIGIBILITY FOR DISABILITY RETIREMENT. (1) An active member is 36 eligible for disability retirement if the member becomes disabled after at 37 least five (5) years of membership service. 38 (2) A police officer member, general member, or a paid firefighter hired 39 on or after July 1, 1993, who is not eligible for service retirement is eligi- 2 1 ble for disability retirement if the member becomes disabled, as provided in 2 section 59-1302(12), Idaho Code, on or after the first day of employment as a 3 result of bodily injury or disease from an occupational cause. 4 SECTION 4. That Section 59-1396, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 59-1396. LIMIT ON SEPARATION BENEFIT. (1) When a firefighter member who 7 was employed prior to October 1, 1980, terminates employment and seeks return 8 of his or her accumulated contributions, such contributions shall be returned 9 as provided under the provisions of section 72-14454, Idaho Code. 10 (2) When a paid firefighter whose employment began on or after October 1, 11 1980, terminates employment and seeks return of his or her accumulated contri- 12 butions, such contributions shall be returned as provided by sections 59-1358 13 and 59-1359, Idaho Code.
STATEMENT OF PURPOSE RS 10518 This bill makes technical corrections to four provisions governing the PERSI fund, and/or the Firemen's Retirement Fund (FRF). The first is an amendment to section 59-1331, Idaho Code, intended to clarify that although erroneous employee contributions will be refunded together with regular interest, the refund will not be made until a distributable event occurs. This is consistent with IRS requirements that generally prohibit payment of qualified retirement trust funds except upon termination of employment, death, or retirement. The second is an amendment to section 59-1343, Idaho Code, giving the retirement board more authority to determine when it is appropriate to commute monthly benefits. Currently, the section requires that the retirement board commute any monthly benefit of less than twenty dollars ($20) to an actuarially equivalent one-time lump-sum payment. Maintaining accounts that pay relatively insignificant monthly benefits is becoming increasingly expensive. Additionally, a lump sum commuted benefit would likely be more meaningful to a participant than small monthly payments. This amendment to section 59-1343, Idaho Code authorizes the board to set thresholds for commutation of benefits by rule. Third is an amendment to section 59-1352, Idaho Code. Since 1993, this section has provided immediate eligibility for disability retirement benefits to police officers, and to paid firefighters hired on or after July 1, 1993, when the disability is the result of occupational causes (in-service disability). In 2000, SB 1404 was passed, which amended section 59-1352, Idaho Code, to include general members. However, a comma was inadvertently omitted making general members subject to the same limitation as firefighters, that is, hired on or after July 1, 1993. This limitation is specific to firefighters and was not intended to apply to general members. By inserting the missing comma, it will be clear that all general members are eligible for immediate in-service disability, not just those hired after July 1, 1993. Fourth is an amendment to section 59-1396, Idaho Code. This section refers to one section in title 72, chapter 14, Idaho Code, addressing separation benefits under the Firemen's Retirement Fund (FRF) plan, and one section in title 59, chapter 13, Idaho Code, addressing separation benefits under the PERSI plan. However, the citations to those sections are either incorrect or incomplete. This bill changes those citations to the correct sections. FISCAL IMPACT None. Contact Name: Alan Winkle Agency: PERSI Phone: 334-3365 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H41