2005 Idaho Code - 72-1446 — PENSION PAYMENT -- RETIREMENT OF INCAPACITATED FIREFIGHTERS FOR NONSERVICE

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1446.  PENSION PAYMENT -- RETIREMENT OF INCAPACITATED FIREFIGHTERS FOR
NONSERVICE. (1) Any paid firefighter with not less than five (5) years' active
service as defined in subsection (H) of section 72-1403, Idaho Code, as a paid
firefighter who shall become totally incapacitated by reason of a personal
injury or disease occurring as the result of causes arising outside the course
of his employment by the city or fire district, shall, so long as he remains
totally incapacitated be paid a monthly sum equal to: (a) two per cent (2%) of
the average paid firefighter's salary or wage, as defined in section 72-1431,
Idaho Code, in this state for each year's active service, if the incapacitated
firefighter is an Option I firefighter; or, (b) a monthly sum equal to two per
cent (2%) of the said firefighter's average monthly salary or wage, as defined
in section 72-1431, Idaho Code, for each year's active service based on his
average final compensation, as defined in section 72-1404, Idaho Code, if the
incapacitated firefighter is an Option II firefighter. "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.
    (2)  In the event said firefighter has twenty-one (21) or more years'
service, and has otherwise met the requirements of section 72-1435, Idaho
Code, if applicable, the monthly sum shall be the same amount as would be
payable in the case of voluntary retirement.
    (3)  The monthly benefits provided for in this section shall vary annually
according to the cost of living adjustment as set forth in section 72-1471,
Idaho Code.
    (4)  Upon application of a firefighter or his or her department head for a
nonservice 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 the firefighter is
mentally or physically totally incapacitated the board may approve such
application for retirement as provided herein.
    (5)  All paid firefighters who are receiving nonservice disability
benefits shall be subject to the provisions of sections 72-1451 and 72-1452,
Idaho Code.