2005 Idaho Code - 72-1461 — DEATH BENEFITS -- SPOUSE AND THE SURVIVING CHILD OR CHILDREN OF FIREFIGHTER KILLED IN PERFORMANCE OF DUTY

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1461.  DEATH BENEFITS -- SPOUSE AND THE SURVIVING CHILD OR CHILDREN OF
FIREFIGHTER KILLED IN PERFORMANCE OF DUTY. (1) In the event a paid firefighter
is killed or sustains injury from which death results, while in the
performance of duty and leaves surviving a spouse or a spouse with the
firefighter's surviving child or children, the spouse, during his or her
lifetime, shall be paid from the public employee retirement account the same
pension the deceased firefighter would have been entitled to had the deceased
firefighter retired as of the date of death, but in no event less than a
monthly sum equal to: (a) sixty-five percent (65%) of the average paid
firefighter's salary or wage in this state, if the deceased firefighter was an
Option I firefighter, less any portion of the benefit transferred to an
alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code; or,
(b) sixty-five percent (65%) of the deceased firefighter's average monthly
salary or wage, based on his average final compensation, if the deceased
firefighter was an Option II firefighter, less any portion of the benefit
transferred to an alternate payee as provided in sections 59-1319 and 59-1320,
Idaho Code. If the surviving spouse should die, the full retirement pay shall
be paid to the firefighter's surviving child or children until they reach the
age of eighteen (18) years or shall marry, whichever occurs first; provided,
however, that if said deceased firefighter shall have died without leaving a
surviving spouse and leaving surviving a child or children, said firefighter's
surviving child or children shall be entitled to be paid from the public
employee retirement account the same pension the deceased firefighter would
have been entitled to had the deceased firefighter retired as of the date of
death, less any portion of the benefit transferred to an alternate payee as
provided in sections 59-1319 and 59-1320, Idaho Code, until they shall reach
the age of eighteen (18) years or shall marry, whichever occurs first.
    (2)  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.
    (3)  Those benefits payable under the provisions of subsection (1), or
under the provisions of section 72-1429G, Idaho Code, which were ordered prior
to July 1, 1978, shall continue under the provisions of this chapter in effect
at the time such benefit payment was ordered.
    (4)  Eligibility for benefits of surviving spouses that was terminated on
or after July 1, 1987, solely because of the spouse's remarriage is hereby
reinstated effective July 1, 1992. Such spouses are entitled to have the
benefits, including any cost of living allowances approved by the board
effective on or after July 1, 1987, commence prospectively effective July 1,
1992, or upon their application to the retirement system, whichever is later.