2005 Idaho Code - 1-2009 — BENEFIT TO SURVIVING SPOUSE OF JUSTICE OR JUDGE

                                   TITLE  1
                          COURTS AND COURT OFFICIALS
                                  CHAPTER 20
                     JUDGES' RETIREMENT AND COMPENSATION
    1-2009.  BENEFIT TO SURVIVING SPOUSE OF JUSTICE OR JUDGE. The legislature
hereby finds and declares that the payment of allowances to the surviving
spouses of justices of the supreme court, judges of the court of appeals and
district judges of the district court of the state of Idaho, serves the public
purpose of promoting the public welfare by encouraging experienced jurists to
continue their service and that their continued service and increased
efficiency will be secured in the expectation that the legislature will fairly
provide for their surviving spouses, and that such continued service and
increased efficiency of such jurists, secure in this knowledge, will be of
substantial benefit to the state.
    The surviving spouse, of any justice or judge entitled to benefits under
this chapter who dies on or after July 1, 1965, shall receive an allowance
from the judges' retirement fund, payable monthly, and as hereinafter
provided.
    (a)  In the case of a justice or judge receiving retirement compensation
at the time of death, allowance to his surviving spouse shall commence
immediately and be payable to such spouse from such fund in an amount equal to
fifty percent (50%) of the retirement compensation to which such justice or
judge would be entitled under section 1-2001(2), Idaho Code.
    (b)  In the case of a justice or judge who has service as a justice of the
supreme court, judge of the court of appeals or district judge of four (4)
years or more and is not receiving retirement compensation at the time of
death, commencing immediately, the surviving spouse shall be paid an allowance
from such fund in the amount of fifty percent (50%) of the retirement
compensation to which the justice or judge would have been entitled under
section 1-2001(2)(a), Idaho Code, as if the justice or judge was eligible to
retire and had retired immediately before his death.
    (c)  The allowance shall be paid until the death of the surviving spouse.
    (d)  The surviving spouse of a justice or judge who is not receiving
benefits from the judges' retirement fund at the time of the justice's or
judge's death may elect to take an optional retirement allowance as a
surviving annuitant under option 1 of section 1-2001b(1)(a), Idaho Code. Such
optional retirement allowance shall be calculated as if the justice or judge
was eligible to retire and had retired immediately before his death.