Idaho State Statutes - Idaho Attorney Directory

DEATH BENEFITS -- SPOUSE AND THE SURVIVING CHILD OR CHILDREN OF
FIREFIGHTER KILLED IN PERFORMANCE OF DUTY. (1) In the event a paid firefighter
is killed or sustains injury from which death results, while in the
performance of duty and leaves surviving a spouse or a spouse with the
firefighter's surviving child or children, the spouse, during his or her
lifetime, shall be paid from the public employee retirement account the same
pension the deceased firefighter would have been entitled to had the deceased
firefighter retired as of the date of death, but in no event less than 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; or, (b) sixty-five percent (65%) of the deceased
firefighter's average monthly salary or wage, based on his average final
compensation, if the deceased firefighter was an Option II firefighter. If the
surviving spouse should die, the full retirement pay 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 be paid from the public employee retirement
account the same pension the deceased firefighter would have been entitled to
had the deceased firefighter retired as of the date of death, until they shall
reach the age of eighteen (18) years or shall marry, whichever occurs first.
(2) The monthly benefits provided for in this section shall vary annually
according to the cost of living adjustment as set forth in section 72-1471,
Idaho Code.
(3) Those benefits payable under the provisions of subsection (1), or
under the provisions of section 72-1429G, Idaho Code, 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.

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