2010 Idaho Code
TITLE 33 EDUCATION
CHAPTER 10 FOUNDATION PROGRAM -- STATE AID -- APPORTIONMENT
33-1004G EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
EDUCATION
CHAPTER 10
FOUNDATION PROGRAM -- STATE AID -- APPORTIONMENT
33-1004G. Early retirement incentive -- Administrative staff excluded. (1) Except as provided in subsection (8) of this section, each certificated employee of an Idaho public school district as defined in section 33-1001(16), Idaho Code, is eligible for an early retirement incentive, provided they meet the following criteria:
(a) The employee has completed a minimum of ten (10) years of continuous full-time certified employment, which may include time spent on a sabbatical leave, in Idaho public school districts at the time of application.
(b) The employee is not eligible for unreduced service, early or disability retirement from the public employee retirement system of Idaho at the time of application.
(c) The employee is fifty-five (55) years old before September 1 of the year the application is made; provided that persons turning fifty-six (56) years old or greater between August 15 and 31, 2000, will be eligible to receive the retirement incentive option percentage provided in this section that reflects their age on August 15, 2000.
(d) The employee submits his/her application to the state superintendent of public instruction on or before April 1 of the year of application.
(e) The employee is contracted with an Idaho public school district for the entire school year during the year of application and has not been terminated or on a leave of absence for the current or upcoming school year.
(2) (a) Full-time qualifying applicants shall receive as a one (1) time incentive the following amount of the employee’s qualifying salary allocation as provided in section 33-1004E, Idaho Code:
at 55 years of age | 55% of allocation |
at 56 years of age | 50% of allocation |
at 57 years of age | 45% of allocation |
at 58 years of age | 40% of allocation |
at 59 years of age | 30% of allocation |
at 60 years of age | 30% of allocation |
at 61 years of age | 20% of allocation |
at 62 years of age | 20% of allocation |
at 63 years of age and over | 0% of allocation |
(b) Certified employees working less than full-time in the application year will have the incentive payment prorated according to their full-time equivalent (FTE) percentage.
(c) Incentive payments for certified employees not placed on the experience and education multiplier table as provided in section 33-1004A, Idaho Code, will be calculated using the BA column of the table.
(3) Incentives and the employer’s share of FICA benefits shall be paid by the state department of education to the Idaho public school district with which the applicant was last contracted on or before July 31 of the year of application and acceptance.
(4) Incentives shall be considered additional compensation flowing from the employment relationship and subject to federal and state tax laws. Incentives shall not be considered salary for purposes of the public employee retirement system.
(5) Any employee receiving an early retirement incentive as provided in this section shall not be eligible for future employment with an Idaho school district where such employment would again qualify him/her for participation in the state retirement system.
(6) Any applicant choosing to withdraw their application must notify the state superintendent of public instruction in writing no later than June 20 in the year of application.
(7) A special application of the early retirement incentive shall supersede the limitations of this section to the extent necessary to comply with this subsection. An otherwise qualified certificated employee who becomes medically unable to work prior to July 1 of any year shall be eligible to apply for the early retirement incentive for which the employee would have been eligible retroactive to April 1.
(8) Administrative staff shall not be allowed to participate in the early retirement incentive program as provided in this section and such staff are hereby excluded from participation in the program.
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