Idaho State Statutes - Idaho Attorney Directory

[EFFECTIVE UNTIL JULY 1, 2008]
(1) After January 1, 2003, in the event a public safety officer (hereinafter
referred to as "officer") in the employ of a political subdivision of the
state dies as the direct and proximate result of personal injuries sustained
in the line of duty, the board of examiners shall authorize the payment of
funds for the purpose of distributing a death benefit to the officer's family.
After the board of examiners is satisfied that the requirements of this
section have been met, it shall authorize the issuance of a deficiency
warrant. In the event that the board of examiners is uncertain as to the
circumstances of the death, it may postpone the authorization of such payment
until the head of the responsible investigative agency provides an official
report of the incident. Upon authorization of the deficiency warrant by the
board of examiners, the state controller shall, after notice to the state
treasurer, draw a deficiency warrant in the authorized amount against the
general fund.
(2) The death benefit shall be distributed as follows:
(a) The total amount of a death benefit to be disbursed to a surviving
spouse, with or without dependent children, shall be one hundred thousand
dollars ($100,000).
(b) In the event there is no surviving spouse, the total amount of the
death benefit to be disbursed to the officer's surviving dependent
children who are under twenty-one (21) years of age at the time of the
officer's death is one hundred thousand dollars ($100,000), to be split
equally among the surviving natural and adopted children of the officer.
This disbursement shall be made in accordance with the provisions of the
Idaho uniform transfers to minors act, as set forth in chapter 8, title
68, Idaho Code.
(3) The death benefit provided in this section shall not be subject to
state income taxes, and is not dependent on the years of service or age of the
public safety officer.
(4) As used in this section, the term "public safety officer" includes
only persons, who when injured, were employed as:
(a) County sheriffs;
(b) Deputy county sheriffs:
(i) Holding positions for which current POST certification is
necessary to continue in employment in the position, the principal
duties of which are active law enforcement service; provided however,
that even though POST certified or required to be POST certified,
deputy county sheriffs holding positions whose principal full-time
duties are those of a telephone operator, clerk, stenographer, animal
control officer, records specialist, or other duties not within the
scope of active law enforcement are not "public safety officers"
under this section;
(ii) Holding positions which require accountability for the safety
and safekeeping of persons confined in a city or county confinement
facility; or
(iii) Whose duties require active participation in county law
enforcement activities pertaining to crime prevention or reduction;
(c) City police chiefs; and
(d) City police officers:
(i) Holding positions for which current POST certification is
necessary to continue in employment in the position, the principal
duties of which are active law enforcement service; provided however,
that even though POST certified or required to be POST certified,
police officers holding positions whose principal full-time duties
are those of a telephone operator, clerk, stenographer, animal
control officer, records specialist, or other duties not within the
scope of active law enforcement are not "public safety officers"
under this section;
(ii) Holding positions which require accountability for the safety
and safekeeping of persons confined in a city or county confinement
facility; or
(iii) Whose duties require active participation in city law
enforcement activities pertaining to crime prevention or reduction.
(5) No benefit shall be payable unless it is established, as determined
by the board of examiners, that:
(a) The officer's death occurred in the line of duty as defined in
regulations issued by the United States department of justice pursuant to
42 U.S.C. section 3796;
(b) The death was not caused by intentional misconduct of the officer or
by such officer's intentional infliction of injury;
(c) The officer was not voluntarily intoxicated at the time of death; and
(d) Benefit payments will not be made to a person whose actions were a
substantial contributing factor to the death of the officer.
(6) This section shall not apply to any public safety officer, or the
family of any such officer, who is eligible for benefits under section
59-1361A, Idaho Code.

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