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 - 2005
IN 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, POST instructors training coordinators, and Idaho state
22 police training instructors coordinators.
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 require
34 accountability for the safety and safekeeping of persons confined in
35 a city or county confinement facility, or whose duties require active
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;
4 city police officers holding positions which require accountability
5 for the safety and safekeeping of persons confined in a city or
6 county confinement facility or whose duties require active 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 trainees Employees 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