View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0371.......................................by COMMERCE AND HUMAN RESOURCES
FIREFIGHTERS - RETIREMENT - Amends existing law to provide that certain
paid firefighters employed on or after July 1, 1976, may elect to select
either Option I or Option II prior to retirement; and to provide that
firefighters who select Option II shall pay any additional employee
contributions prior to retirement and the firefighter's employer shall pay
the required employer contributions as determined by the Public Employee
Retirement Board.
03/20 House intro - 1st rdg - to printing
03/21 Rpt prt - rec d/p - to 2nd rdg
Rls susp - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, 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, Smylie, Stevenson, Stone,
Swan(Block), Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Smith
Floor Sponsor -- Schaefer
Title apvd - to Senate
03/23 Senate intro - 1st rdg - to Com/HuRes
03/26 Rpt out - rec d/p - to 2nd rdg
2nd rdg - to 3rd rdg
Rls susp - 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 Sponsor -- Andreason
Title apvd - to House
03/28 To enrol - rpt enrol - Sp signed
Pres signed
03/29 To Governor
04/04 Governor signed
Session Law Chapter 327
Effective: 04/04/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 371
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE FIREMEN'S RETIREMENT FUND; AMENDING SECTION 72-1434, IDAHO
3 CODE, TO PROVIDE THAT CERTAIN PAID FIREFIGHTERS EMPLOYED ON OR AFTER JULY
4 1, 1976, MAY MAKE AN ELECTION TO SELECT EITHER OPTION I OR OPTION II PRIOR
5 TO RETIREMENT, TO PROVIDE THAT SUCH PAID FIREFIGHTERS WHO SELECT OPTION II
6 SHALL PAY ANY ADDITIONAL REQUIRED EMPLOYEE CONTRIBUTIONS PRIOR TO RETIRE-
7 MENT, TO PROVIDE THAT THE FIREFIGHTER'S EMPLOYER SHALL PAY ANY ADDITIONAL
8 REQUIRED EMPLOYER CONTRIBUTIONS AS DETERMINED BY THE BOARD AND TO MAKE A
9 TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 72-1434, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 72-1434. OPTIONAL PENSION AMOUNTS -- OPTION I AND OPTION II. Prior to
14 July 1, 1976, but not thereafter, any paid firefighter in this state, as
15 defined in subsection (A) of section 72-1403, Idaho Code, may elect to receive
16 his or her retirement benefits in accordance with the provisions of Option I
17 or Option II as hereinafter set forth. Except as otherwise provided in this
18 chapter, in the event a firefighter fails to elect an option prior to July 1,
19 l976, then his or her pension benefits shall be paid to him under the provi-
20 sions as set forth in Option I. Selection of option shall be nominated by
21 written designation duly executed and filed with the public employee retire-
22 ment system board. Any paid firefighter employed in the state by a city or
23 fire district, on or after July 1, l976, shall be employed under the provi-
24 sions as set forth in Option II; provided however, that any paid firefighter
25 employed on or after July 1, 1976, who has consistently been treated as an
26 Option I firefighter for contribution purposes may, prior to retirement, make
27 an election to select either Option I or Option II; provided further, that any
28 such paid firefighter who selects Option II shall, prior to retirement, pay
29 any additional required employee contributions and the firefighter's employer
30 shall pay any additional required employer contributions, as determined by the
31 board.
32 (1) OPTION I -- On or after July 1, 1976, any employed paid firefighter,
33 as defined in subsection (A) of section 72-1403, Idaho Code, electing this
34 option or failing to nominate an option, after payment of the contribution, as
35 set forth in section 72-1431, Idaho Code, and after completion of years active
36 service, as defined in subsection (H) of section 72-1403, Idaho Code, may at
37 his or her option retire, and in the event of such retirement said firefighter
38 shall be paid from the public employee retirement account a monthly sum during
39 the remainder of his life equal to the percentage of the average paid
40 firefighter's salary or wage in this state, as defined in section 72-1431,
41 Idaho Code, and that said firefighter is entitled to under the provisions of
42 this chapter, which said monthly sum shall vary annually, according to the
43 determination of the cost of living adjustment as set forth in section
2
1 72-1471, Idaho Code.
2 (2) OPTION II -- On or after October 1, l979, any paid firefighter, as
3 defined in subsection (A) of section 72-1403, Idaho Code, who elected Option
4 II, or who was employed after July 1, 1976, after payment of the contribution,
5 as set forth in section 72-1431, Idaho Code, and after completion of years
6 active service, as defined in section 72-1403(H), Idaho Code, may at his or
7 her option retire, and in the event of such retirement he or she shall be paid
8 from the public employee retirement account a monthly sum during the remainder
9 of his or her life equal to the percentage of said firefighter's average
10 monthly salary or wage, as defined in section 72-1431, Idaho Code, that said
11 firefighter is entitled to under the provisions as set forth in this chapter,
12 based on his or her "average final compensation," as defined in section
13 72-1404, Idaho Code, which said monthly sum shall vary annually according to
14 the determination of the cost of living adjustment as set forth in section
15 72-1471, Idaho Code.
16 SECTION 2. An emergency existing therefor, which emergency is hereby
17 declared to exist, this act shall be in full force and effect on and after its
18 passage and approval.
STATEMENT OF PURPOSE
RS 11281
This bill relates to the Firemen's Retirement Fund. In 1976,
benefits under the plan were amended for newly hired
firefighters, creating two categories of benefits: one based on a
percentage of the statewide average of firefighters' salaries
(Option I), and one based on a percentage of the firefighter's
individual salary (Option II) . All firefighters hired after
July 1, 1976, were to pay contributions and receive benefits
under Option II. All firefighters hired before July 1, 1976, were
to pay contributions and receive benefits under Option I unless
they made an affirmative election of Option II. At the time, the
Firemen's Retirement Fund was administered by the State Insurance
Fund. After July 1, 1976, but prior to the transfer of the fund to
the Public Employee Retirement System, a number of newly hired
firefighters improperly entered the fund as Option I firefighters
and have been making contributions and expecting retirement benefits
based on Option I during their entire careers. This bill allows
those few firefighters to select, prior to retirement, either Option
I or Option II retirement. If an Option II retirement is selected,
both the firefighter and firefighter's employer shall be required to
pay any additional contributions that would have been paid had the
firefighter been properly treated as an Option II firefighter from
the date of hire, as determined by the board.
FISCAL IMPACT
None.
Contact
Name: Alan Winkle, Public Employee Retirement System of Idaho
Phone: 334-3365
STATEMENT OF PURPOSE/FISCAL NOTE H 371