2005 Idaho Code - 72-1464 — DEATH BENEFITS -- SURVIVING SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER FIVE YEARS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1464.  DEATH BENEFITS -- SURVIVING SPOUSE AND CHILDREN OF FIREFIGHTER
DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER FIVE YEARS.
(1) In the event a paid firefighter who shall have died from causes
unconnected with said firefighter's official duties, but during the period of
said firefighter's service, leaves surviving a spouse or a spouse with
firefighter's surviving child or children, and who shall have completed less
than twenty (20) years, but more than five (5) years of active service as
defined in subsection (H) of section 72-1403, Idaho Code, as a paid
firefighter, said spouse, during the spouse's lifetime shall be paid from the
account a monthly sum equal to: (a) two percent (2%) of the average paid
firefighter's salary or wage in this state, if the deceased firefighter was an
Option I firefighter, for each year's active service, less any portion of the
benefit transferred to an alternate payee as provided in sections 59-1319 and
59-1320, Idaho Code; or, (b) two percent (2%) of said firefighter's average
monthly salary or wage, based on his average final compensation, if the
deceased firefighter was an Option II firefighter, for each year's active
service, less any portion of the benefit transferred to an alternate payee as
provided in sections 59-1319 and 59-1320, Idaho Code. The monthly sum for
Option I benefits shall vary annually, according to the determination of the
average paid firefighter's salary or wage in this state as set forth in
section 72-1431, Idaho Code. If said surviving spouse dies, said monthly sum
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 receive said
monthly sum until they shall reach the age of eighteen (18) years or shall
marry, whichever occurs first.
    (2)  In the event a paid firefighter who shall have died from causes
unconnected with said firefighter's official duties, but during the period of
said firefighter's service, leaves surviving a spouse or a spouse with
firefighter's surviving child or children, and who shall have completed less
than twenty-five (25) years, but more than twenty (20) years of active service
as defined in subsection (H) of section 72-1403, Idaho Code, as a paid
firefighter, said spouse, during his or her lifetime shall be paid from the
account a monthly sum equal to the sum the firefighter would have received
under the provisions of section 72-1435, Idaho Code, had said firefighter
retired as of the date of his or her death, less any portion of the benefit
transferred to an alternate payee as provided in sections 59-1319 and 59-1320,
Idaho Code, and for the purposes of this section, said firefighter shall be
deemed to have retired as of the date of death. The monthly retirement sum
shall vary annually according to the determination of the cost of living
adjustment as set forth in section 72-1471, Idaho Code, and if said spouse
dies said monthly sum 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 receive said monthly sum until they reach the age of eighteen (18)
years or shall marry, whichever occurs first.
    (3)  Those benefits payable under the provisions of subsections (1) and
(2) of this section 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.