2007 Legislation
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SENATE BILL NO. 1181 – Public safety officr/disablty benef

SENATE BILL NO. 1181

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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