(1)  A retired member receiving a disability retirement allowance may return to work under the following conditions:
(a)  The retired member must notify the executive director in writing in advance of the return to work; and
(b)  The disability retirement allowance shall terminate upon such notification.
(2)  The disability retirement allowance of a retired member who returns to work under subsection (1) of this section shall resume if:
(a)  The retired member terminates his return to work within one hundred fifty (150) days from the date of the notification required in subsection (1)(a) of this section;
(b)  The retired member makes a written request to the board; and
(c)  The board determines that the member is disabled, as defined in section 59-1302(12), Idaho Code, and that the member could not successfully return to work because of the same disability on which his disability retirement was based.

Terms Used In Idaho Code 59-1354A

  • 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
  • Disability retirement allowance: means the periodic payment becoming payable to a member who meets all applicable eligibility requirements for disability retirement. See Idaho Code 59-1302
  • Disabled: means :
Idaho Code 59-1302
  • Employee: means :
    • Idaho Code 59-1302
  • Member: means an active member, inactive member or a retired member. See Idaho Code 59-1302
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Retired member: means a former active member receiving a retirement allowance. 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
    • (3)  In making its decision, the board may require the member to submit medical records in support of his request and may require the member to submit to a medical examination. The refusal to submit such records or to submit to such examination shall constitute proof that the member is not disabled. If the board requires a medical examination, any costs associated with such examination must be paid by the member. A disability retirement allowance that is resumed under this section shall be payable the first of the month after the board makes the determination described herein.
    (4)  If a retired member receiving a disability retirement allowance who returns to work again meets the definition of employee as defined in section 59-1302(14)(A), Idaho Code, eligibility for disability retirement shall be determined in accordance with sections 59-1302(12), 59-1352 and 59-1354, Idaho Code.
    (5)  For the purposes of this section, "return to work" means being engaged in any activity for which compensation is normally paid but shall not include service on any state board or commission that is statutorily required to meet once per month or less where the retired member is not an employee as defined in this chapter by virtue of such service.