2005 Idaho Code - 72-1444 — REFUND TO FIREFIGHTER TERMINATING EMPLOYMENT -- REPAYMENT ON REEMPLOYMENT -- CONVERSION OF CONTRIBUTIONS -- PURCHASE OF SERVICE CREDITS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1444.  REFUND TO FIREFIGHTER TERMINATING EMPLOYMENT -- REPAYMENT ON
REEMPLOYMENT -- CONVERSION OF CONTRIBUTIONS -- PURCHASE OF SERVICE CREDITS.
(1) If the employment of a paid firefighter, irrespective of date of hire, as
defined in this chapter, is terminated for any reason prior to the completion
of twenty (20) years of service, and he cannot qualify for benefits under any
other provision of this chapter, he shall be entitled to receive at the time
of said termination one hundred percent (100%) of his accumulated
contributions. If such firefighter is subsequently reemployed as a paid
firefighter with duties which involve or are incidental to firefighting, he
may reinstate his previous credited service by repaying to the retirement fund
the full amount of his accumulated contributions provided such repayment
includes payment of interest as determined by the board.
    (2)  In lieu of withdrawing his accumulated contributions as provided in
subsection (1) of this section, a paid firefighter may elect to convert his
accumulated contributions to an equivalent benefit entitlement under the
provisions of chapter 13, title 59, Idaho Code, as if such contributions had
been made by the firefighter at the contribution rate of a paid firefighter
under the provisions of chapter 13, title 59, Idaho Code; this conversion will
normally result in a higher "years of service" factor than the firefighter
actually served under the provisions of chapter 14, title 72, Idaho Code. It
is legislative intent that this is precisely the effect to be achieved.
    (3)  No paid firefighter may elect to proceed under the provisions of
subsection (2) until he has been personally interviewed and advised by the
director of the public employee retirement system, or his designee, on the
choices available. The firefighter may be accompanied during such interview by
any person of his choice.
    (4)  Paid firefighters who did not participate as a member of the system
between January 1, 1978, and December 31, 1981, because of termination from
employment due to reductions in work force may purchase service credits for
all or part of that period. The cost of such service credit shall be the full
actuarial cost as determined by the board and shall be paid in full prior to
the effective date of retirement. The employer may elect, but is not required,
to participate in purchasing service credit under this section. In no event
shall the retirement system be liable for payment of any such costs.
Terminations from employment due to a reduction in work force are limited to
terminations that resulted from the elimination of a position due to budgetary
constraints.