2002 Legislation
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SENATE BILL NO. 1405 – Public safety officer/death benefit

SENATE BILL NO. 1405

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S1405.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC SAFETY OFFICERS - DEATH BENEFITS - Repeals and adds to existing law
to provide for a death benefit payable to spouses and dependent children of
certain public safety officers killed in the line of duty.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1405
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SAFETY OFFICER DEATH BENEFITS; REPEALING  SECTION  67-2028,
  3        IDAHO CODE; AND AMENDING CHAPTER 13, TITLE 59, IDAHO CODE, BY THE ADDITION
  4        OF A NEW SECTION 59-1361A, IDAHO CODE, TO PROVIDE FOR A DEATH BENEFIT PAY-
  5        ABLE  TO  SPOUSES AND DEPENDENT CHILDREN OF CERTAIN PUBLIC SAFETY OFFICERS
  6        KILLED IN THE LINE OF DUTY, TO  PROVIDE  THAT  APPLICATIONS  FOR  BENEFITS
  7        SHALL  BE  MADE TO THE RETIREMENT BOARD, TO PROVIDE THAT BENEFITS SHALL BE
  8        PAYABLE ONLY UPON THE  ESTABLISHMENT  OF  CERTAIN  CONDITIONS,  TO  DEFINE
  9        TERMS, TO PROVIDE THAT BENEFITS PAYABLE SHALL NOT BE DEPENDENT ON YEARS OF
 10        SERVICE  OR  AGE AND TO PROVIDE THAT BENEFITS PAYABLE SHALL NOT BE SUBJECT
 11        TO STATE INCOME TAXES.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 67-2028, Idaho Code, be, and the same  is  hereby
 14    repealed.
                                                                        
 15        SECTION  2.  That  Chapter  13,  Title 59, Idaho Code, be, and the same is
 16    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 17    ignated as Section 59-1361A, Idaho Code, and to read as follows:
                                                                        
 18        59-1361A.  PUBLIC  SAFETY OFFICER DEATH BENEFITS. (1) On and after July 1,
 19    2002, in the event a public safety officer is killed in the performance of the
 20    officer's duty, a death benefit in the amount of one hundred thousand  dollars
 21    ($100,000)  shall be payable as provided in this section to the officer's sur-
 22    viving spouse or, in the event there is no surviving spouse, divided among the
 23    officer's dependent children.  This benefit is  separate  from  and  will  not
 24    affect  nor be affected by any other death benefit provided under this chapter
 25    or under chapter 14, title 72, Idaho Code.
 26        (2)  Application for benefits under this chapter  shall  be  made  to  the
 27    retirement  board.  No  benefit  shall be payable unless it is established, as
 28    determined by the retirement board, that:
 29        (a)  The officer's death occurred in  the  performance  of  the  officer's
 30        duties;
 31        (b)  The death was not caused by the intentional misconduct of the officer
 32        or by such officer's intentional infliction of injury;
 33        (c)  The officer was not voluntarily intoxicated at the time of death; and
 34        (d)  Benefit  payments  will  not be made to a person whose actions were a
 35        substantial contributing factor to the death of the officer.
 36        (3)  For purposes of this section, "public safety officer" means  a  fire-
 37    fighter, as defined in section 59-1302(16), Idaho Code, a paid firefighter, as
 38    defined  in section 72-1403(A), Idaho Code, or an active member of the retire-
 39    ment system who has "police officer" status as provided under section 59-1303,
 40    Idaho Code.
 41        (4)  For purposes of this section, a dependent child is a surviving  natu-
 42    ral  or  legally adopted child who is twenty (20) years of age or younger when
                                                                        
                                           2
                                                                        
  1    the officer dies. Benefits to dependent children shall be paid to the  child's
  2    legal  guardian. When there are multiple dependent children, the benefit shall
  3    be divided equally among them.
  4        (5)  Benefits payable under this section are not  dependent  on  years  of
  5    service or age, and shall not be subject to state income taxes.

Statement of Purpose / Fiscal Impact


	            STATEMENT OF PURPOSE
                       RS 11931
               The Idaho Fallen Hero Act

This bill repeals section 67-2028, Idaho Code, which was added in 
2001 by HE 246 to provide death benefits to survivors of police 
officers who were killed in the line of duty, and replaces it with 
a new section 59-13161A, Idaho Code, which provides similar 
benefits not only to police officers, but to all public safety 
officers as defined in PERSI law. It also includes the benefit 
as a part of the retirement system, funded by plan employer and 
employee contributions and earnings rather than through general 
appropriations. This bill generally parallels the Public Safety 
Officer Benefits found in the Federal Fallen Hero Act.



                      FISCAL IMPACT

This bill eliminates expenditures of general funds for direct 
payment of death benefits. The PERSI actuary estimates the increase 
in the Police Officer Employer contribution rate of 0.06% of pay 
(estimate $126,500 per yr.) and an increase of 0.04% of pay for 
Police Officer Employee contribution rate (estimate $84,400 per yr.) 
. Of the $126,500, it is estimated that a maximum of $44,200 per 
year might be required from appropriated general fund monies.



Contact
Name:	Senators Stegner, Cameron and Davis
Phone:	332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		S 1405