STATE BOARD OF EDUCATION
33-107A. Board may establish an optional retirement program. (1) The state board of education may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for members of the teaching staff and officers of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the state board of education who are hired on or after July 1, 1993; provided, however, that no such employee shall be eligible to participate in an optional retirement program unless he would otherwise be eligible for membership in the public employee retirement system of Idaho.
(2) The state board of education is hereby authorized to provide for the administration of the optional retirement program and to perform or authorize the performance of such functions as may be necessary for such purposes. The board shall designate the company or companies from which contracts are to be purchased under the optional retirement program and shall approve the form and contents of such contracts. In making the designation and giving approval, the board shall consider:
(a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;
(b) The relation of such rights and benefits to the amount of contributions to be made;
(c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and
(d) The ability of the designated company to provide such suitable rights and benefits under such contracts.
(3) Elections to participate in an optional retirement program shall be as follows:
(a) Eligible employees are:
(i) Those faculty and nonclassified staff initially appointed or hired between July 1, 1990, and June 30, 1993; and
(ii) Those teaching staff and officers initially appointed or hired on or after July 1, 1993.
All eligible employees, except those who are vested members of the public employee retirement system of Idaho, shall participate in the optional retirement program.
(b) Vested members of the public employee retirement system of Idaho may make a one (1) time irrevocable election to remain a member of that retirement system. The election shall be made in writing, within sixty (60) days of the date of initial hire or appointment or the effective date of this act, whichever occurs later. It shall be filed with the administrative officer of the employing institution.
(c) An election by an eligible employee of the optional retirement program shall be irrevocable and shall be accompanied by an appropriate application, where required, for issuance of a contract or contracts under the program.
(d) The accumulated contributions of employees who make the one (1) time irrevocable election or are required to participate in the optional retirement program may be transferred by the public employee retirement system of Idaho to such qualified plan, maintained under the optional retirement program, as designated in writing by the employee.
(4) (a) Each institution shall contribute on behalf of each participant in its optional retirement program the following:
(i) To the designated company or companies, an amount equal to nine and thirty-five hundredths percent (9.35%) of each participant’s salary, reduced by any amount necessary, if any, to provide contributions to a total disability program provided either by the state or by a private insurance carrier licensed and authorized to provide such benefits or any combination thereof, but in no event less than five percent (5%) of each participant’s salary; and
(ii) To the public employee retirement system, an amount equal to one and forty-nine hundredths percent (1.49%) of salaries of members who are participants in the optional retirement program. This amount shall be paid until July 1, 2025, and is in lieu of amortization payments and withdrawal contributions required pursuant to chapter 13, title 59, Idaho Code.
(b) Each participant shall contribute an amount equal to six and ninety-seven hundredths percent (6.97%) of the participant’s salary. Employee contributions may be made by employer pick-up pursuant to section 59-1332, Idaho Code.
(c) Payment of contributions authorized or required under this subsection shall be made by the financial officer of the employing institution to the designated company or companies for the benefits of each participant.
(5) Any person participating in the optional retirement program shall be ineligible for membership in the public employee retirement system of Idaho as long as he remains continuously employed in any teaching staff position or as an officer with any of the institutions under the jurisdiction of the state board of education.
(6) A retirement, death or other benefit shall not be paid by the state of Idaho or the state board of education for services credited under the optional retirement program. Such benefits are payable to participants or their beneficiaries only by the designated company or companies in accordance with the terms of the contracts.
[33-107A, added 1990, ch. 251, sec. 1, p. 720; am. 1992, ch. 198, sec. 1, p. 613; am. 1993, ch. 268, sec. 1, p. 902; am. 1996, ch. 79, sec. 6, p. 261; am. 1997, ch. 275, sec. 1, p. 814; am. 1998, ch. 297, sec. 1, p. 980; am. 2007, ch. 318, sec. 1, p. 947; am. 2018, ch. 176, sec. 1, p. 386.]