View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1007.......................................by COMMERCE AND HUMAN RESOURCES PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the Public Employee Retirement System to revise the definitions applicable to police officer membership status for purposes of retirement. 01/14 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to Com/HuRes 02/02 Rpt out - rec d/p - to 2nd rdg 02/03 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 33-1-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Langhorst Absent and excused -- Darrington Floor Sponsor - Coiner Title apvd - to House 02/09 House intro - 1st rdg - to Com/HuRes 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 66-1-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Wood Absent and excused -- Bayer, Bedke, Nielsen Floor Sponsor - Ringo Title apvd - to Senate 03/10 To enrol 03/11 Rpt enrol - Pres signed 03/14 Sp signed 03/15 To Governor 03/21 Governor signed Session Law Chapter 91 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1007 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 REVISE THE DEFINITIONS APPLICABLE TO POLICE OFFICER MEMBER- 4 SHIP STATUS FOR PURPOSES OF RETIREMENT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 59-1303, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in 9 this chapter, each of the terms defined in this section shall have the meaning 10 given in this section unless a different meaning is clearly required by the 11 context. 12 (2) Police officer membership status for retirement purposes may be fixed 13 only by law, or by order of the retirement board. 14 (3) Members holding or filling the following positions or offices are 15 designated by law as police officer members for retirement purposes during the 16 time of their appointment to that position or during their term of office: 17 (a) (i) The director and deputy director of the Idaho state police. 18 (ii) Commissioned personnel of the Idaho state police holding posi- 19 tions which involve active law enforcement services, for which cur- 20 rent POST certification is required to continue in employment in the 21 position, POSTinstructorstraining coordinators, and Idaho state 22 police traininginstructorscoordinators. 23 (iii) Brand inspectors and brand inspector supervisors. 24 (iv) Employees of the Idaho state police serving in positions of 25 personnel management, accounting, data processing, clerical services 26 and in like general classifications found in departments throughout 27 state government and not within the scope of active law enforcement 28 service are not eligible for police officer member status. 29 (b) (i) County sheriffs; 30 (ii) Deputy county sheriffs holding positions for which current POST 31 certification is necessary to continue in employment in the position, 32 and the principal duties of which are active law enforcement 33 service,; deputy county sheriffs holding positions which require34 accountability for the safety and safekeeping of persons confined in 35 acity orcounty confinement facility, orwhose duties requireactive 36 participation in county law enforcement activities pertaining to 37 crime prevention or reduction.; dDeputy sheriffs, even though POST 38 certified or required to be POST certified, holding positions whose 39 principal full-time duties are those of a telephone operator, 40 dispatcher, clerk, stenographer, animal control officer, records spe- 41 cialist, or duties not within the scope of active law enforcement 42 service are not eligible for police officer member status. 43 (c) (i) City police chiefs; 2 1 (ii) City police officers holding positions for which current POST 2 certification is necessary to continue in employment in the position, 3 and the principal duties of which are active law enforcement service;4city police officers holding positions which require accountability5for the safety and safekeeping of persons confined in a city or6county confinement facilityorwhose duties requireactive participa- 7 tion in city law enforcement activities pertaining to crime preven- 8 tion or reduction.; pPolice officers, even though POST certified or 9 required to be POST certified, holding positions whose principal 10 full-time duties are those of a telephone operator, dispatcher, 11 clerk, stenographer, animal control officer, records specialist, or 12 duties not within the scope of active law enforcement service are not 13 eligible for police officer member status. 14 (d) Employees of the department of fish and game serving in a conserva- 15 tion officer position for which current POST certification is necessary to 16 continue in employment in that position and which position has as its pri- 17 mary accountability the enforcement of wildlife protection laws and regu- 18 lations. 19 (e) (i) The director of the department of correction, the deputy direc- 20 tor for probation and parole, and wardens of institutions; 21 (ii) Employees of the department of correction accountable for the 22 custody, safety, safekeeping or supervision of persons confined in a 23 department confinement facility and whose work station is located 24 within the confinement facility; 25 (iii) Probation and parole supervisors, probation and parole investi- 26 gators, and probation and parole officers; 27 (iv) Correctional peace officer training instructors; 28 (v) Employees of the department of correction serving in positions 29 of personnel management, accounting, data processing, clerical ser- 30 vices 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 (f) Employees of the adjutant general and military division of the state 35 where military membership is a condition of employment. 36 (g) Magistrates of the district court; justices of the supreme court, 37 judges of the court of appeals, and district judges who have made an elec- 38 tion under section 1-2011, Idaho Code; and court employees designated by 39 court order to have primary responsibility for court security or transpor- 40 tation of prisoners. 41 (h)Paramedics and paramedic traineesEmployees whose primary function 42 requires that they are certified by the Idaho department of health and 43 welfare as an emergency medical technician-basic, an advanced emergency 44 medical technician-ambulance, an emergency medical technician- 45 intermediate, or an emergency medical technician-paramedic. 46 (i) Criminal investigators of the attorney general's office, and criminal 47 investigators of a prosecuting attorney's office. 48 (j) The director of security and the criminal investigators of the Idaho 49 state lottery. 50 (4) A member may be designated by the retirement board as a police offi- 51 cer member for retirement purposes if the position held is one in which the 52 principal duties involve hazardous law enforcement duties. 53 (a) For purposes of this section, "hazardous law enforcement duties" 54 means principal duties which: 55 (i) Will reasonably expect to increase the probability of early 3 1 superannuation; 2 (ii) Are associated with life-threatening risk or present a position 3 of peril either to the member or to others, or which can place the 4 public safety in jeopardy; and 5 (iii) Either compel others to observe the law, pertain to crime pre- 6 vention, or pertain to crime reduction, including police, courts, 7 prosecution, correction, or rehabilitation. 8 (b) If continued employment in a position is conditioned on maintaining 9 current POST certification, such condition shall be evidence to be con- 10 sidered that the employee is a police officer member for retirement pur- 11 poses. 12 (i) After July 1, 1999, a requirement for POST certification for 13 classified state employees may be made only by the administrator of 14 the division of human resources pursuant to chapter 53, title 67, 15 Idaho Code. 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) are met. The board shall 26 review the petition and evidence, together with such information and evidence 27 as may be presented by the staff of the retirement system. The board may 28 decide the matter based upon the information supplied, may request additional 29 information, or may request an oral presentation before the board. The deci- 30 sion of the board shall be final, but a similar petition may be resubmitted 31 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 RS 14402C1 This bill clarifies the scope of “police officer membership status” in the Public Employee Retirement System by amending section 59-1303, Idaho Code, to specifically include “dispatchers” among the positions that are not eligible, and to include jailers as eligible only if they are POST certified. Also, the references to the positions of “POST instructors” are being changed to “POST training coordinators” and the reference to “paramedics and paramedic trainees” is being changed to reference emergency medical technicians, consistent with current usage in other state statutes, rules, and policies. FISCAL IMPACT None. CONTACT Name: Alan Winkle Agency: PERSI Phone: 334-2455 Statement of Purpose/Fiscal Impact S 1007