72-1465. DEATH BENEFITS — SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER TWENTY-FIVE YEARS. (1) In the event a paid firefighter who shall have died from causes unconnected with said firefighter’s official duties, but during the period of said firefighter’s service, and left surviving a spouse or a spouse with the firefighter’s surviving child or children, and who shall have completed twenty-five (25) years’ active service as defined in subsection (H) of section 72-1403, Idaho Code, as a paid firefighter, said spouse, during his or her lifetime shall be paid from the account a monthly sum equal to: (a) sixty-five percent (65%) of the average paid firefighter’s salary or wage in this state, if the deceased firefighter was an Option I firefighter, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code; or, (b) sixty-five percent (65%) of said firefighter’s average monthly salary or wage, based on his average final compensation, if the deceased firefighter was an Option II firefighter, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code. The monthly sum shall vary annually according to the determination of the cost of living adjustment as set forth in section 72-1471, Idaho Code, and if he or she dies said monthly sum shall be paid to the firefighter’s surviving child or children until they shall reach the age of eighteen (18) years or shall marry, whichever occurs first; provided, however, that if said deceased firefighter shall have died without leaving a surviving spouse and leaving a child or children, said firefighter’s surviving child or children shall be entitled to receive the pension which said firefighter was entitled until they shall reach the age of eighteen (18) years or shall marry, whichever occurs first.

(2) Those benefits payable under the provisions of subsection (1) which were ordered prior to July 1, 1978, shall continue under the provisions of this chapter in effect at the time such benefit payment was ordered.

(3) Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.

History:

[(72-1465) 72-1429M, as added by 1963, ch. 125, sec. 16, p. 358; am. 1973, ch. 105, sec. 7, p. 179; am. 1976, ch. 273, sec. 11, p. 933; am. 1980, ch. 50, sec. 28, p. 93; am. 1990, ch. 211, sec. 4, p. 475; 1990, am. and redesignated, ch. 231, sec. 104, p. 664; am. 1990, ch. 249, sec. 16, p. 717; am. 1991, ch. 27, sec. 5, p. 54; am. 1992, ch. 123, sec. 5, p. 405; am. 2006, ch. 19, sec. 7, p. 76.]