(1) The base disability retirement allowance of any member shall be equal to an initial service retirement allowance, as defined in section 59-1342, Idaho Code, based upon the years of service which would have been credited to the member had the member continued in eligible employment until service retirement eligibility age, as defined in section 59-1341, Idaho Code. Provided, however, that the total years of credited service shall not exceed the greater of:
(a)  Thirty (30) years; or
(b)  The member’s accrued membership and prior service.
(2)  The annual amount of disability retirement allowance shall equal the excess, if any, of (a) over (b), where:
(a) Is the base disability retirement allowance provided in subsection (1) of this section; and
(b) Is the sum of:
(i)   Any payment or portion of a payment under the provisions of any workers’ compensation law for income benefits because of the same disability, which payment is not being offset by federal social security disability benefits; and
(ii)  The service retirement allowance payable under the provisions of section 59-1342, Idaho Code, where the member is the older of either age sixty-two (62) or the respective service retirement eligibility age provided in section 59-1341, Idaho Code.
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Terms Used In Idaho Code 59-1353

  • 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
  • Credited service: means the aggregate of membership service, prior service and disabled service. 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
  • 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
  • Prior service: means any period prior to July 1, 1965, of military service or of employment for the state of Idaho or any political subdivision or other employer of each employee who is an active member or in military service or on leave of absence on the date of establishment, provided, however, an employee who was not an active member or in military service or on leave of absence on the date of establishment shall receive credit for the member’s service prior to July 1, 1965, on the basis of recognizing two (2) months of such service for each month of membership service. 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
  • Service retirement: means retirement by a member at or after age sixty (60) years for police officer members or at or after age sixty-five (65) years for general members. See Idaho Code 59-1302
  • Service retirement allowance: means the periodic payment becoming payable upon an active member’s ceasing to be an employee while eligible for service retirement. See Idaho Code 59-1302
(3)  If a single payment is made under the provisions of any workers’ compensation law and such single payment is in lieu of periodic income payments, for the purposes of this section such single payment shall be converted, pursuant to regulations adopted by the board, to equal periodic payments of the same number of months for which the worker’s compensation payment is awarded.
(4)  Each adjustment in the payment of a disability retirement allowance due to a change in the amount payable under the provisions of any workers’ compensation law shall take effect on the first of the month following the month in which such change is effective.