2005 Idaho Code - 72-1445 — PENSION PAYMENT -- RETIREMENT OF FIREFIGHTER INCAPACITATED IN THE PERFORMANCE OF DUTY

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1445.  PENSION PAYMENT -- RETIREMENT OF FIREFIGHTER INCAPACITATED IN
THE PERFORMANCE OF DUTY. (1) Any paid firefighter incapacitated by injury in
the performance of duty, or by illness attributable wholly or partially to
service as a paid firefighter, shall be retired so long as such disability
shall continue in a degree which prevents efficient service, limited to a
maximum of two (2) years, and during such disability shall be paid from the
public employee retirement account the monthly retirement sum to which he
would be entitled if he elected to retire, but in no event less than a monthly
sum equal to: (a) sixty-five per cent (65%) of the average paid firefighter's
salary or wage in this state if the incapacitated firefighter is an Option I
firefighter; or, (b) sixty-five per cent (65%) of the said firefighter's
average monthly salary or wage, based on his average final compensation, if
the incapacitated firefighter is an Option II firefighter. The monthly sum
shall vary annually according to the cost of living adjustment as set forth in
section 72-1471, Idaho Code.
    Upon application of a firefighter or his or her department head for a
service disability retirement, and prior to said retirement, a medical
examination of said firefighter shall be given by a medical committee
consisting of a physician named by the public employee retirement system
board, a physician named by the firefighter claiming benefits, and a third
physician designated by the first two (2) physicians so named. If the medical
committee, by a majority opinion certifies in writing, that: (1) the
firefighter is physically incapacitated for the efficient performance of the
duties as a paid firefighter, as defined under the provisions of subsection
(G), section 72-1403, Idaho Code, in the service of the city or fire district,
(2) such incapacity is likely to be permanent, (3) the member should be
retired, and (4) there is medical evidence of probative value including
reports of clinical findings (such as the individual's medical history,
physical status examinations), laboratory findings, diagnosis and treatment
prescribed and response to such treatment, the public employee retirement
system board may approve such application for retirement as provided herein.
    If the disabled firefighter is still retired at the conclusion of the two
(2) year period, the public employee retirement system board shall determine
whether the disability renders the disabled firefighter totally incapacitated.
"Totally incapacitated" as used in this section means the inability to perform
work in any remunerative employment. It is not necessary for a person to be
absolutely helpless or entirely unable to do anything worthy of compensation
to be considered totally incapacitated. If the person is so incapacitated that
substantially all the avenues of gainful employment are reasonably closed to
him, his condition is within the meaning of "totally incapacitated." In
evaluating whether a person is totally incapacitated, the medical factor of
permanent impairment and nonmedical factors such as age, sex, education,
economic and social environment, and training and usable skills shall be
considered. If the disabled firefighter is totally incapacitated, then
payments shall continue at the rate prescribed in this section during the
period of total incapacity. A medical committee may be summoned to determine
total incapacity as provided above.
    (2)  If the disabled firefighter is less than totally incapacitated at the
end of the two (2) year period, but has a disability which reduces his
presumed ability to engage in gainful activity, payments shall be made to the
disabled firefighter during the period of his disability as hereinafter
provided. The board shall determine the percentage of disability suffered by
the disabled firefighter as compared to the whole man. A medical committee,
comprised as prescribed in this section, may be summoned to determine the
percentage of disability suffered by the disabled firefighter. The disabled
firefighter shall receive a disability benefit equal to the percentage that
his disability bears to a totally incapacitated person.
    (3)  The public employee retirement system board shall provide and
maintain disability benefits for all paid firefighters. Their benefits shall
be as follows:
    (a)  For those paid firefighters who were hired for the first time between
    October 1, 1980, and July 1, 1993, the benefits provided shall be at least
    equal to those provided to an Option II firefighter. The benefits shall be
    maintained only until a paid firefighter is eligible for disability
    retirement under the provisions of chapter 13, title 59, Idaho Code. The
    costs for such benefits shall be paid from the appropriation made in
    section 59-1394(1)(b), Idaho Code.
    (b)  For those paid firefighters hired after July 1, 1993, the benefits
    and eligibility therefor shall be as provided in chapter 13, title 59,
    Idaho Code.