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S1181aa....................................................by STATE AFFAIRS
PUBLIC SAFETY OFFICERS - Adds to existing law relating to public safety
officers to provide a supplemental disability benefit; and to provide for
insurance eligibility for certain public safety officers and their spouses
and dependents.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
03/08 Rpt out - to 14th Ord
03/13 Rpt out amen - to engros
03/14 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 28-5-2
AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Darrington, Davis, Fulcher, Gannon, Geddes, Hammond,
Heinrich, Hill, Jorgenson, Keough, Langhorst, Lodge, Malepeai, McGee,
McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stennett
NAYS -- Goedde, Kelly, Little, Stegner, Werk
Absent and excused -- Bastian, Corder
Floor Sponsor - Jorgenson
Title apvd - to House
03/16 House intro - 1st rdg - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1181
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PERMANENTLY DISABLED PUBLIC SAFETY OFFICERS; AMENDING CHAPTER 13,
3 TITLE 59, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 59-1361B, IDAHO
4 CODE, TO PROVIDE A PUBLIC SAFETY OFFICER SUPPLEMENTAL DISABILITY BENEFIT;
5 AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
6 TION 67-5761B, IDAHO CODE, TO PROVIDE FOR INSURANCE ELIGIBILITY FOR CER-
7 TAIN PUBLIC SAFETY OFFICERS AND THEIR SPOUSES AND DEPENDENTS; DECLARING AN
8 EMERGENCY, PROVIDING RETROACTIVITY AND SETTING FORTH APPLICABILITY FOR
9 CERTAIN CLAIMS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 13, Title 59, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 59-1361B, Idaho Code, and to read as follows:
14 59-1361B. PUBLIC SAFETY OFFICER SUPPLEMENTAL DISABILITY BENEFIT. (1) As
15 used in this section, "public safety officer" means an active member of the
16 retirement system who, when injured, was designated as a police officer member
17 under section 59-1303(3), Idaho Code, and had been treated as such for contri-
18 bution purposes.
19 (2) In the event a public safety officer becomes disabled as defined in
20 section 59-1302(12), Idaho Code, as the direct and proximate result of a per-
21 sonal injury incurred while in the line of duty, a supplemental monthly bene-
22 fit in the amount of one thousand dollars ($1,000) per month shall be payable
23 to the officer as provided in this section.
24 (3) Application for benefits under this section shall be made to the
25 retirement board. No benefit shall be payable unless it is established, as
26 determined by the retirement board, that:
27 (a) The officer is disabled as defined in section 59-1302(12), Idaho
28 Code;
29 (b) The officer's injury occurred in the line of duty as defined in regu-
30 lations issued by the United States department of justice pursuant to 42
31 U.S.C. section 3796, except as modified by the retirement board;
32 (c) The injury was not caused by the intentional misconduct of the offi-
33 cer or by such officer's intentional infliction of injury; and
34 (d) The officer was not voluntarily intoxicated at the time of the
35 injury.
36 (4) Benefits payable under this section:
37 (a) Are separate from and independent of any benefits provided by sec-
38 tions 59-1352, 59-1353 and 59-1354, Idaho Code;
39 (b) Shall be considered in the nature of worker's compensation payments
40 made pursuant to title 72, Idaho Code;
41 (c) Are not dependent on years of service, age or prior contributions of
42 the public safety officer;
43 (d) Shall not be subject to state income taxes;
2
1 (e) Shall commence upon termination of employer paid health insurance;
2 (f) Shall cease upon the member's death or the member becoming eligible
3 for medicare benefits, whichever first occurs, without regard to whether
4 the member applies for and receives medicare benefits; and
5 (g) Shall be subject to the postretirement adjustments provided for in
6 section 59-1355, Idaho Code.
7 (5) The costs of providing this benefit, as determined by the board,
8 shall be paid as an additional employee and employer contribution component
9 together with the contributions required under section 59-1361A, Idaho Code,
10 separate and distinct from all other obligations under this chapter. Such
11 costs will be paid in a manner as determined by the board.
12 SECTION 2. That Chapter 57, Title 67, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 67-5761B, Idaho Code, and to read as follows:
15 67-5761B. PUBLIC SAFETY OFFICER -- PERMANENT DISABILITY -- INSURANCE. (1)
16 For purposes of this section, "public safety officer" is as defined in section
17 59-1361B(1), Idaho Code.
18 (2) (a) Any public safety officer who becomes disabled as the direct and
19 proximate result of a personal injury incurred while in the line of duty
20 and who has been determined to be eligible for the benefit provided in
21 section 59-1361B, Idaho Code, and any dependents of such officer, shall be
22 eligible for inclusion in the state medical plan on the later of:
23 (i) The date the public safety officer became eligible for disabil-
24 ity retirement under section 59-1354, Idaho Code; or
25 (ii) The date comparable medical insurance provided by the public
26 safety officer's employer ceases.
27 (b) The public safety officer and dependents of such officer shall remain
28 eligible for inclusion in the state medical plan until such time as the
29 public safety officer or his or her spouse, as applicable, becomes eligi-
30 ble for medicare benefits, without regard to whether such medicare bene-
31 fits are applied for and received.
32 (3) All premiums due for inclusion in the state medical plan shall be
33 paid by the public safety officer or his or her dependents who elect such cov-
34 erage pursuant to this section.
35 SECTION 3. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval and retroactively to December 1, 2004, for purposes of
38 eligibility for supplemental disability benefits and group insurance; provided
39 however, that this act shall apply only to insurance claims filed on or after
40 the effective date of this act.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Jorgenson
Seconded by Malepeai
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1181
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 15 through 18 and insert:
3 "used in this section, "public safety officer" is as defined in section
4 59-1361A(3)(b), Idaho Code."; and delete lines 39 and 40 and insert:
5 "(b) Shall be considered as being made under a statute in the nature of a
6 worker's compensation act for purposes of 26 CFR part 1.104-1(b);".
7 AMENDMENT TO SECTION 2
8 On page 2, in line 17, delete "59-1361B(1)" and insert: "59-1361A(3)(b)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1181, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PERMANENTLY DISABLED PUBLIC SAFETY OFFICERS; AMENDING CHAPTER 13,
3 TITLE 59, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 59-1361B, IDAHO
4 CODE, TO PROVIDE A PUBLIC SAFETY OFFICER SUPPLEMENTAL DISABILITY BENEFIT;
5 AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
6 TION 67-5761B, IDAHO CODE, TO PROVIDE FOR INSURANCE ELIGIBILITY FOR CER-
7 TAIN PUBLIC SAFETY OFFICERS AND THEIR SPOUSES AND DEPENDENTS; DECLARING AN
8 EMERGENCY, PROVIDING RETROACTIVITY AND SETTING FORTH APPLICABILITY FOR
9 CERTAIN CLAIMS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 13, Title 59, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 59-1361B, Idaho Code, and to read as follows:
14 59-1361B. PUBLIC SAFETY OFFICER SUPPLEMENTAL DISABILITY BENEFIT. (1) As
15 used in this section, "public safety officer" is as defined in section
16 59-1361A(3)(b), Idaho Code.
17 (2) In the event a public safety officer becomes disabled as defined in
18 section 59-1302(12), Idaho Code, as the direct and proximate result of a per-
19 sonal injury incurred while in the line of duty, a supplemental monthly bene-
20 fit in the amount of one thousand dollars ($1,000) per month shall be payable
21 to the officer as provided in this section.
22 (3) Application for benefits under this section shall be made to the
23 retirement board. No benefit shall be payable unless it is established, as
24 determined by the retirement board, that:
25 (a) The officer is disabled as defined in section 59-1302(12), Idaho
26 Code;
27 (b) The officer's injury occurred in the line of duty as defined in regu-
28 lations issued by the United States department of justice pursuant to 42
29 U.S.C. section 3796, except as modified by the retirement board;
30 (c) The injury was not caused by the intentional misconduct of the offi-
31 cer or by such officer's intentional infliction of injury; and
32 (d) The officer was not voluntarily intoxicated at the time of the
33 injury.
34 (4) Benefits payable under this section:
35 (a) Are separate from and independent of any benefits provided by sec-
36 tions 59-1352, 59-1353 and 59-1354, Idaho Code;
37 (b) Shall be considered as being made under a statute in the nature of a
38 worker's compensation act for purposes of 26 CFR part 1.104-1(b);
39 (c) Are not dependent on years of service, age or prior contributions of
40 the public safety officer;
41 (d) Shall not be subject to state income taxes;
42 (e) Shall commence upon termination of employer paid health insurance;
43 (f) Shall cease upon the member's death or the member becoming eligible
2
1 for medicare benefits, whichever first occurs, without regard to whether
2 the member applies for and receives medicare benefits; and
3 (g) Shall be subject to the postretirement adjustments provided for in
4 section 59-1355, Idaho Code.
5 (5) The costs of providing this benefit, as determined by the board,
6 shall be paid as an additional employee and employer contribution component
7 together with the contributions required under section 59-1361A, Idaho Code,
8 separate and distinct from all other obligations under this chapter. Such
9 costs will be paid in a manner as determined by the board.
10 SECTION 2. That Chapter 57, Title 67, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 67-5761B, Idaho Code, and to read as follows:
13 67-5761B. PUBLIC SAFETY OFFICER -- PERMANENT DISABILITY -- INSURANCE. (1)
14 For purposes of this section, "public safety officer" is as defined in section
15 59-1361A(3)(b), Idaho Code.
16 (2) (a) Any public safety officer who becomes disabled as the direct and
17 proximate result of a personal injury incurred while in the line of duty
18 and who has been determined to be eligible for the benefit provided in
19 section 59-1361B, Idaho Code, and any dependents of such officer, shall be
20 eligible for inclusion in the state medical plan on the later of:
21 (i) The date the public safety officer became eligible for disabil-
22 ity retirement under section 59-1354, Idaho Code; or
23 (ii) The date comparable medical insurance provided by the public
24 safety officer's employer ceases.
25 (b) The public safety officer and dependents of such officer shall remain
26 eligible for inclusion in the state medical plan until such time as the
27 public safety officer or his or her spouse, as applicable, becomes eligi-
28 ble for medicare benefits, without regard to whether such medicare bene-
29 fits are applied for and received.
30 (3) All premiums due for inclusion in the state medical plan shall be
31 paid by the public safety officer or his or her dependents who elect such cov-
32 erage pursuant to this section.
33 SECTION 3. An emergency existing therefor, which emergency is hereby
34 declared to exist, this act shall be in full force and effect on and after its
35 passage and approval and retroactively to December 1, 2004, for purposes of
36 eligibility for supplemental disability benefits and group insurance; provided
37 however, that this act shall apply only to insurance claims filed on or after
38 the effective date of this act.
STATEMENT OF PURPOSE
RS 17111
The purpose of this legislation is to provide for health insurance
eligibility for public safety workers who are permanently disabled
in the performance of their duties in responding to emergency
situations and to extend eligibility to spouses and dependents.
These workers, their spouses, and dependents will be added to the
group insurance plan for state employees and all health insurance
premiums due will be paid from moneys in the public safety worker
permanent disability fund, until such time as the public safety
worker or his or her spouse, as applicable, reaches the age of
sixty-five (65) years. The insurance eligibility will be effective
retroactively to December 1, 2004, provided, however, that this act
shall apply only to claims filed on or after the effective date of
this act.
FISCAL NOTE
This bill will require an increase in the total contribution rate
for PERSI police officer members of 0.14% of salary. Based on the
current salary paid to members in this category the total annual
cost will be approximately $383,883.00. This will be split with
.06% of salary increase paid by the employees and .08% salary
increase paid by the employer which results in employee annual cost
of $161,231.00 and employer annual cost of $222,652.00.
Contact
Name: Senator Mike Jorgenson
Phone: 332-1000
Representative Rich Wills
STATEMENT OF PURPOSE/FISCAL NOTE S 1181