(1) A public safety officer who is ruled by the retirement system to be permanently disabled, as provided in sections 59-1302(12) and 59-1352, Idaho Code, on or after July 1, 2009, as a result of bodily injury or disease sustained in the line of duty is eligible for a onetime permanent disability benefit in the amount of one hundred thousand dollars ($100,000), which shall be payable as provided in this section to the permanently disabled public safety officer.
(2)  Public safety officers who qualify and who seek the benefit under this section shall apply to the retirement board. No benefit shall be payable unless the retirement board determines that:
(a)  The permanent disability occurred in the line of duty;
(b)  The permanent disability was not caused by the intentional misconduct of the public safety officer or by the public safety officer’s intentional infliction of injury; and
(c)  The public safety officer was not voluntarily intoxicated at the time of the event causing the permanent disability.

Terms Used In Idaho Code 59-1352A

  • Active member: means any employee who is not establishing the right to receive benefits through his or her employer’s participation in any other retirement system established for Idaho public employees, if such participation is mandated by applicable Idaho statutes other than this chapter. See Idaho Code 59-1302
  • board: means the board provided for in sections 59-1304 and 59-1305, Idaho Code, to administer the retirement system. See Idaho Code 59-1302
  • Dependent: A person dependent for support upon another.
  • Disabled: means :
Idaho Code 59-1302
  • Employer: means the state of Idaho, or any political subdivision or governmental entity, provided such subdivision or entity has elected to come into the system. See Idaho Code 59-1302
  • Firefighter: means :
    • Idaho Code 59-1302
  • Member: means an active member, inactive member or a retired member. See Idaho Code 59-1302
  • Retirement: means the acceptance of a retirement allowance under this chapter upon termination of employment and, unless otherwise provided by law, requires a termination of employment from an employer participating in PERSI, the judges retirement fund, the firefighters retirement fund or the optional retirement plan. See Idaho Code 59-1302
  • Service: means being shown on an employer’s payroll as an employee receiving a salary. See Idaho Code 59-1302
  • State: means the state of Idaho. See Idaho Code 59-1302
  • system: means the public employee retirement system of Idaho. See Idaho Code 59-1302
    • (3)  As used in this section, "public safety officer" means an active member of the retirement system who, when injured:
    (a)  Was designated as a police officer member under section 59-1303, Idaho Code;
    (b)  Was a firefighter as defined in section 59-1302(16), Idaho Code; or
    (c)  Was a paid firefighter as defined in section 72-1403(A), Idaho Code.
    (4)  The benefit payable under this section is as follows:
    (a)  Separate from and independent of any benefits payable to the public safety officer under this chapter;
    (b)  Not dependent upon years of service or age of the public safety officer; and
    (c)  Shall not be subject to state income taxes.
    (5)  It is the intent of the legislature that this benefit shall be funded solely by public safety officers in perpetuity and not by an employer, as defined in section 59-1302(15), Idaho Code. Therefore, the costs associated with providing this benefit, as determined by the board, shall be paid solely by the public safety officers.