Idaho State Statutes - Idaho Attorney Directory

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
per cent (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
per cent (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. 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.

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