2006 Legislation
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SENATE BILL NO. 1268 – PERSI, disability retirement


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Bill Status

S1268.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the
Public Employee Retirement System to revise eligibility provisions for
disability retirement.
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Com/HuRes
02/10    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Goedde
    Title apvd - to House
02/22    House intro - 1st rdg - to Com/HuRes
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 58-3-9
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Denney, Ellsworth, Eskridge, Field(18),
      Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake,
      Loertscher, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Mr. Speaker
      NAYS -- LeFavour, Martinez, Rusche
      Absent and excused -- Black, Crow, Deal, Edmunson, Field(23), Sali,
      Shepherd(8), Stevenson, Wood
    Floor Sponsor - Lake
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed
03/15    Sp signed
03/16    To Governor
03/22    Governor signed
         Session Law Chapter 148
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1268
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section 59-1352, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        59-1352.  ELIGIBILITY FOR DISABILITY RETIREMENT. (1) An active  member  is
  8    eligible  for  disability  retirement  if the member becomes disabled after at
  9    least five (5) years of membership service.
 10        (2)  A police officer member, general member, or a paid firefighter  hired
 11    on or after July 1, 1993, who is not eligible for service retirement is eligi-
 12    ble  for  disability retirement if the member becomes disabled, as provided in
 13    section 59-1302(12), Idaho Code, on or after the first day of employment as  a
 14    result of bodily injury or disease from an occupational cause.
 15        (3)  Only  active  members, and inactive members whose last day physically
 16    on the job as an active member was less than one (1) year  prior  to  applica-
 17    tion, are eligible to apply for disability retirement.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                          RS 15330

Disability retirement is available to PERSI members who are
eligible and who meet the disability standard established by the
legislature. One of the eligibility requirements is that a member
must be active when they become disabled, but currently there is
no deadline for applying for disability retirement after a member
ceases to be an active member. As a result, inactive members
sometimes apply for disability retirement claiming that they
became disabled while active. When there has been an extended
period of time between separation from employment and a
disability application, serious questions arise concerning the
onset of the disability and evidentiary issues become more
problematic, resulting in unnecessary incremental evaluation and
adjudication costs. This bill would amend Idaho Code  59-1352 to
provide that an application for disability retirement must be
made within one (1) year of a member s last day physically on the
job. This gives members sufficient time to apply for disability
while eliminating those applications that are most questionable
and problematic due to unnecessary delay.

                        FISCAL NOTE


Name:     Alan Winkle
Agency:   PERSI
Phone:    334-2455
STATEMENT OF PURPOSE/FISCAL NOTE                        S 1268