2005 Idaho Code - 59-1303 — ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 13
                      PUBLIC EMPLOYEES RETIREMENT SYSTEM
    59-1303.  ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
this chapter, each of the terms defined in this section shall have the meaning
given in this section unless a different meaning is clearly required by the
context.
    (2)  Police officer membership status for retirement purposes may be fixed
only by law, or by order of the retirement board.
    (3)  Members holding or filling the following positions or offices are
designated by law as police officer members for retirement purposes during the
time of their appointment to that position or during their term of office:
    (a)  (i)   The director and deputy director of the Idaho state police.
         (ii)  Commissioned personnel of the Idaho state police holding
         positions which involve active law enforcement services, for which
         current POST certification is required to continue in employment in
         the position, POST training coordinators, and Idaho state police
         training coordinators.
         (iii) Brand inspectors and brand inspector supervisors.
         (iv)  Employees of the Idaho state police serving in positions of
         personnel management, accounting, data processing, clerical services
         and in like general classifications found in departments throughout
         state government and not within the scope of active law enforcement
         service are not eligible for police officer member status.
    (b)  (i)   County sheriffs;
         (ii)  Deputy county sheriffs holding positions for which current POST
         certification is necessary to continue in employment in the position,
         and the principal duties of which are active law enforcement service,
         accountability for the safety and safekeeping of persons confined in
         a county confinement facility, or active participation in county law
         enforcement activities pertaining to crime prevention or reduction.
         Deputy sheriffs, even though POST certified or required to be POST
         certified, holding positions whose principal full-time duties are
         those of a telephone operator, dispatcher, clerk, stenographer,
         animal control officer, records specialist, or duties not within the
         scope of active law enforcement service are not eligible for police
         officer member status.
    (c)  (i)   City police chiefs;
         (ii)  City police officers holding positions for which current POST
         certification is necessary to continue in employment in the position,
         and the principal duties of which are active law enforcement service
         or active participation in city law enforcement activities pertaining
         to crime prevention or reduction. Police officers, even though POST
         certified or required to be POST certified, holding positions whose
         principal full-time duties are those of a telephone operator,
         dispatcher, clerk, stenographer, animal control officer, records
         specialist, or duties not within the scope of active law enforcement
         service are not eligible for police officer member status.
    (d)  Employees of the department of fish and game serving in a
    conservation officer position for which current POST certification is
    necessary to continue in employment in that position and which position
    has as its primary accountability the enforcement of wildlife protection
    laws and regulations.
    (e)  (i)   The director of the department of correction, the deputy
         director for probation and parole, and wardens of institutions;
         (ii)  Employees of the department of correction accountable for the
         custody, safety, safekeeping or supervision of persons confined in a
         department confinement facility and whose work station is located
         within the confinement facility;
         (iii) Probation and parole supervisors, probation and parole
         investigators, and probation and parole officers;
         (iv)  Correctional peace officer training instructors;
         (v)   Employees of the department of correction serving in positions
         of personnel management, accounting, data processing, clerical
         services and in like general classifications found in departments
         throughout state government and not within the scope of active law
         enforcement service are not eligible for police officer member
         status.
    (f)  Employees of the adjutant general and military division of the state
    where military membership is a condition of employment.
    (g)  Magistrates of the district court; justices of the supreme court,
    judges of the court of appeals, and district judges who have made an
    election under section 1-2011, Idaho Code; and court employees designated
    by court order to have primary responsibility for court security or
    transportation of prisoners.
    (h)  Employees whose primary function requires that they are certified by
    the Idaho department of health and welfare as an emergency medical
    technician-basic, an advanced emergency medical technician-ambulance, an
    emergency medical technician-intermediate, or an emergency medical
    technician-paramedic.
    (i)  Criminal investigators of the attorney general's office, and criminal
    investigators of a prosecuting attorney's office.
    (j)  The director of security and the criminal investigators of the Idaho
    state lottery.
    (4)  A member may be designated by the retirement board as a police
officer member for retirement purposes if the position held is one in which
the principal duties involve hazardous law enforcement duties.
    (a)  For purposes of this section, "hazardous law enforcement duties"
    means principal duties which:
         (i)   Will reasonably expect to increase the probability of early
         superannuation;
         (ii)  Are associated with life-threatening risk or present a position
         of peril either to the member or to others, or which can place the
         public safety in jeopardy; and
         (iii) Either compel others to observe the law, pertain to crime
         prevention, or pertain to crime reduction, including police, courts,
         prosecution, correction, or rehabilitation.
    (b)  If continued employment in a position is conditioned on maintaining
    current  POST certification, such condition shall be evidence to be
    considered that the employee is a police officer member for retirement
    purposes.
         (i)   After July 1, 1999, a requirement for POST certification for
         classified state employees may be made only by the administrator of
         the division of human resources pursuant to chapter 53, title 67,
         Idaho Code.
    (c)  Occasional assignments to hazardous law enforcement duties do not
    create a condition for designation as a police officer member for
    retirement purposes.
    (5)  Any employer or agency that believes that any employee, not
specifically designated as a police officer by law, is incorrectly classified
as a nonpolice officer member, may petition the retirement board for inclusion
of that employee's position as one to be filled by a police officer member for
retirement purposes. The petition shall be in writing and shall explain in
detail the principal duties of the position and include written evidence which
establishes that the criteria of subsection (4) are met. The board shall
review the petition and evidence, together with such information and evidence
as may be presented by the staff of the retirement system. The board may
decide the matter based upon the information supplied, may request additional
information, or may request an oral presentation before the board. The
decision of the board shall be final, but a similar petition may be
resubmitted after six (6) months.
    (6)  On and after July 1, 1985, no active member shall be classified as a
police officer for retirement purposes unless the employer shall have
certified to the board, on a form provided by the board, that such member is
an employee whose primary position with the employer is one designated as such
within the meaning of this chapter, and the board shall have accepted such
certification. Acceptance by the board of an employer's certification shall in
no way limit the board's right to review and reclassify the position for
retirement purposes based upon an audit or other relevant information
presented to the board.
    (7)  An active member classified as a police officer for retirement
purposes whose position is reclassified to that of a general member for
retirement purposes as a result of a determination that the position does not
meet the requirements of this chapter for police officer status for retirement
purposes shall become a general member but shall not lose retirement benefits
earned and accrued prior to the reclassification. If that member continues to
be employed in that same position until retired, that member then will be
deemed to be a police officer member for the purposes of retirement
eligibility.