2005 Idaho Code - 72-1465 — DEATH BENEFITS -- SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER TWENTY-FIVE YEARS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 14
                          FIREMEN'S RETIREMENT FUND
    72-1465.  DEATH BENEFITS -- SPOUSE AND CHILDREN OF FIREFIGHTER DYING FROM
CAUSES UNCONNECTED WITH DUTIES BUT DURING SERVICE AFTER TWENTY-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, and left surviving a spouse or a spouse with the
firefighter's surviving child or children, and who shall have completed
twenty-five (25) years' 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: (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 said
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. The monthly 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 he or she dies said monthly sum shall
be paid to the firefighter's surviving child or children until they shall
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 a child or children, said firefighter's
surviving child or children shall be entitled to receive the pension which
said firefighter was entitled until they shall reach the age of eighteen (18)
years or shall marry, whichever occurs first.
    (2)  Those benefits payable under the provisions of subsection (1) 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.
    (3)  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.