2005 Idaho Code - 59-1353 — COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 13
                      PUBLIC EMPLOYEES RETIREMENT SYSTEM
    59-1353.  COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES. (1) The base
disability retirement allowance of any member shall be equal to an initial
service retirement allowance, as defined in section 59-1342, Idaho Code, based
upon the years of service which would have been credited to the member had the
member continued in eligible employment until service retirement eligibility
age, as defined in section 59-1341, Idaho Code. Provided, however, that the
total years of credited service shall not exceed the greater of:
    (a)  Thirty (30) years; or
    (b)  The member's accrued membership and prior service.
    (2)  The annual amount of disability retirement allowance shall equal the
excess, if any, of (a) over (b), where:
    (a) Is the base disability retirement allowance provided in subsection (1)
    of this section; and
    (b) Is the sum of:
         (i)   Any payment or portion of a payment under the provisions of any
         workers' compensation law for income benefits because of the same
         disability, which payment is not being offset by federal social
         security disability benefits; and
         (ii)  The service retirement allowance payable under the provisions
         of section 59-1342, Idaho Code, where the member is the older of
         either age sixty-two (62) or the respective service retirement
         eligibility age provided in section 59-1341, Idaho Code.
    (3)  If a single payment is made under the provisions of any workers'
compensation law and such single payment is in lieu of periodic income
payments, for the purposes of this section such single payment shall be
converted, pursuant to regulations adopted by the board, to equal periodic
payments of the same number of months for which the worker's compensation
payment is awarded.
    (4)  Each adjustment in the payment of a disability retirement allowance
due to a change in the amount payable under the provisions of any workers'
compensation law shall take effect on the first of the month following the
month in which such change is effective.