TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 13

PUBLIC EMPLOYEE RETIREMENT SYSTEM

59-1316.  Member’s retirement records confidential — PENALTY FOR DIVULGING INFORMATION. (1) Each member shall furnish the board with such information as the board shall deem necessary for the proper operation of the system. As provided in section 74-106, Idaho Code, information contained in the retirement system mortgage portfolio loan documents and in each member’s retirement system records is confidential and may not be divulged except as ordered by a court or except as may be required by the employer member or by the retirement board and its staff in order to carry into effect the purposes of this chapter.

(2)  A member may by his written authorization release specific information from his own retirement system records to a stated designee. If the member is deceased, the member’s contingent annuitant or beneficiary may by written authorization release specific information from the member’s retirement system records to a stated designee.

(3)  The retirement system may disclose the identity of a deceased member’s beneficiary to the member’s spouse, children, and the court-appointed administrator of the member’s estate.

(4)  Should a court order direct distribution or partial distribution of a member’s benefit as defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, to the member’s spouse or former spouse, the system may release to the spouse, former spouse, or the court issuing the order information pertaining to the division or segregation of the member’s accounts or benefit. This information includes account balances, service accumulations, and related information and histories, but does not include current addresses and phone numbers. The system may release the same information to a member’s current spouse at any time, regardless of whether a court has ordered a distribution or division of the member’s account.

(5)  No board member, director, deputy, employee, contractor, or any person formerly employed in any such position shall knowingly divulge or make known to any person in any manner any member’s retirement system records obtained directly or indirectly in the discharge of duties except as provided by statute, court order, or rules of the retirement system promulgated under this section or sections 50-1507, 50-1508, 50-1524, 59-1301, 59-1314, 59-1383, 59-1392, 72-1405, Idaho Code.

(6)  Any board member, director, deputy, employee, contractor, or any person formerly employed in any such position who knowingly violates any of the provisions of this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years. Upon such conviction, such person shall also forfeit his office, employment, or contract, if any, and shall be ineligible to hold any public office in this state for a period of two (2) years. Nothing in this subsection shall limit the retirement system’s ability to take any and all disciplinary actions authorized pursuant to chapter 53, title 67, Idaho Code.

History:

[59-1316, added 1988, ch. 275, sec. 1, p. 906; am. 1990, ch. 213, sec. 90, p. 553; am. and redesig. 1990, ch. 231, sec. 14, p. 625; am. 1990, ch. 249, sec. 7, p. 711; am. 1992, ch. 220, sec. 4, p. 664; am. 1996, ch. 103, sec. 1, p. 405; am. 2000, ch. 13, sec. 2, p. 27; am. 2001, ch. 90, sec. 1, p. 229; am. 2015, ch. 141, sec. 158, p. 501; am. 2024, ch. 26, sec. 1, p. 179.]