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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
642
BY
COMMERCE
AND
HUMAN
RESOURCES
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PUBLIC
EMPLOYEE
RETIREMENT
SYSTEM;
PROVIDING
LEGISLATIVE
2
INTENT;
AMENDING
SECTION
59
-
1352B,
IDAHO
CODE,
TO
PROVIDE
FOR
PUB
-
3
LIC
SAFETY
OFFICER
CATASTROPHIC
DEATH
BENEFITS;
REPEALING
SECTION
4
59
-
1361A,
IDAHO
CODE,
RELATING
TO
PUBLIC
SAFETY
OFFICER
DEATH
BENEFITS;
5
AND
DECLARING
AN
EMERGENCY.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
As
a
result
of
the
hor
-
8
rific,
violent,
and
targeted
attack
on
firefighters
in
North
Idaho
on
June
9
29,
2025,
that
resulted
in
the
murder
of
two
Idaho
public
safety
officers
and
10
significant
injuries
to
others,
it
was
identified
that
catastrophic
bene
-
1
1
fits
available
to
surviving
spouses
or
dependent
children
of
public
safety
12
officers
who
died
in
the
line
of
duty
were
less
than
the
catastrophic
injury
13
benefit
available
to
public
safety
officers
who
were
catastrophically
in
-
14
jured
but
survived.
15
This
legislation
creates
consistency
between
benefits
for
a
cata
-
16
strophic
injury
or
death
that
occurs
in
the
line
of
duty,
ensuring
that
17
one
benefit
is
not
greater
than
the
other.
Specifically,
this
legislation
18
increases
the
lump
-
sum
death
benefit
available
to
surviving
spouses
or
de
-
19
pendent
children
to
match
the
catastrophic
injury
benefit.
It
also
provides
20
a
pension
benefit
to
surviving
spouses
that
is
consistent
with
the
benefit
21
currently
available
when
a
public
safety
officer
dies
following
qualifica
-
22
tion
for
the
catastrophic
injury
benefit.
23
The
increase
in
benefits
as
a
result
of
this
legislation
will
be
funded
24
solely
through
public
safety
officer
pension
contribution
rates.
25
SECTION
2.
That
Section
59
-
1352B,
Idaho
Code,
be,
and
the
same
is
hereby
26
amended
to
read
as
follows:
27
59
-
1352B.
PUBLIC
SAFETY
OFFICER
CATASTROPHIC
INJURY
OR
DEATH
LINE
OF
28
DUTY
BENEFITS.
(1)
For
purposes
of
this
section:
29
(a)
"Catastrophic
injury"
means
a
sudden,
violent,
life
-
threatening,
30
duty
-
related
injury
sustained
by
an
active
member
within
the
scope
of
31
the
public
safety
officer's
duties
and
within
the
department
policy
32
that
is
due
to
an
externally
caused
event
such
as
a
motor
vehicle
colli
-
33
sion,
gunshot
wound,
aggravated
battery,
structural
collapse,
signifi
-
34
cant
fall,
or
other
external
event
or
events
that
is
not
self
-
inflicted
35
or
the
result
of
intoxication;
provided,
however,
that
no
psychological
36
injury,
disorder,
or
condition
shall
be
considered
a
catastrophic
in
-
37
jury
under
this
definition.
The
injury
,
if
it
does
not
result
in
death,
38
must
be
of
such
severity
that
it
causes
the
loss
of
ability
to
maintain
39
certifications
required
by
the
state
of
Idaho,
the
member's
department,
40
2
or
both.
The
injury
shall
be
supported
by
evidence
of
one
(1)
or
more
of
1
the
following
conditions:
2
(i)
Total,
complete,
permanent,
and
uncorrectable
loss
of
sight
3
in
both
eyes;
4
(ii)
Total,
complete,
permanent,
and
uncorrectable
loss
of
hear
-
5
ing
in
both
ears;
6
(iii)
Total,
complete,
and
permanent
loss
of
the
ability
to
speak;
7
(iv)
Total,
complete,
and
permanent
loss
of
the
use
of
one
(1)
or
8
both
feet
at
or
above
the
ankle;
9
(v)
Total,
complete,
and
permanent
loss
of
the
use
of
one
(1)
or
10
both
hands
at
or
above
the
wrist;
1
1
(vi)
Injury
to
the
spine
that
results
in
a
total,
permanent,
and
12
complete
paralysis
of
both
arms,
both
legs,
or
one
(1)
arm
and
one
13
(1)
leg;
or
14
(vii)
An
externally
caused,
physical
traumatic
injury
to
the
brain
15
that
renders
the
member
physically
or
mentally
unable
to
perform
16
the
duties
of
a
public
safety
officer
;
or
17
(viii)
A
catastrophic
injury
that
results
in
death
.
18
(b)
"Catastrophic
injury
that
results
in
death"
means
the
death
of
a
19
public
safety
officer
in
a
manner
that
would
qualify
for
the
payment
20
of
death
benefits
pursuant
to
regulations
issued
by
the
United
States
21
department
of
justice
pursuant
to
34
U.S.C.
10281;
provided,
however,
22
that
the
retirement
board
is
authorized
to
revise
such
definition.
23
(b)
(c)
"Catastrophic
line
of
duty
benefits"
means
benefits
payable
to
24
a
:
25
(i)
A
public
safety
officer
who
sustains
a
catastrophic
injury
26
pursuant
to
this
section
;
or
27
(ii)
The
surviving
spouse
of
a
public
safety
officer
who
sustained
28
a
catastrophic
injury
that
results
in
death
.
29
(d)
"Dependent
child"
means
a
surviving
natural
or
legally
adopted
30
child
who
is
under
twenty
-
one
(21)
years
of
age
at
the
time
of
a
public
31
safety
officer's
catastrophic
injury
that
results
in
death.
32
(c)
(e)
"Public
safety
officer"
means
a
police
officer
member
as
set
33
forth
in
section
59
-
1303,
Idaho
Code,
or
a
firefighter
member
as
set
34
forth
in
section
59
-
1302(16),
Idaho
Code.
35
(2)
A
public
safety
officer
who
sustains
a
catastrophic
injury
or
the
36
surviving
spouse
of
a
public
safety
officer
who
sustained
a
catastrophic
in
-
37
jury
that
results
in
death
as
set
forth
in
this
section
is
eligible
for:
38
(a)
A
onetime
permanent
catastrophic
injury
benefit
in
the
amount
of
39
five
hundred
thousand
dollars
($500,000);
and
40
(b)
An
ongoing
annual
benefit
in
an
amount
not
less
than
seventy
-
five
41
thousand
dollars
($75,000)
per
year,
to
be
adjusted
every
four
(4)
years
42
pursuant
to
an
actuarial
study
to
determine
the
change
in
average
public
43
safety
officer
benefits
over
the
previous
four
(4)
years.
44
(3)
In
the
event
of
a
public
safety
officer's
catastrophic
injury
that
45
results
in
death,
if
there
is
no
surviving
spouse,
the
public
safety
offi
-
46
cer's
dependent
children
are
eligible
for
the
benefit
provided
for
in
sub
-
47
section
(2)(a)
of
this
section.
Benefits
to
dependent
children
shall
be
paid
48
in
accordance
with
the
provisions
of
chapter
8,
title
68,
Idaho
Code;
pro
-
49
3
vided
that
when
there
are
multiple
dependent
children,
the
benefit
shall
be
1
divided
equally
among
them.
2
(3)
(4)
In
the
event
a
public
safety
officer
receiving
the
catastrophic
3
line
of
duty
benefit
as
set
forth
in
this
section
dies
and
leaves
a
surviv
-
4
ing
spouse
to
whom
the
member
was
married
at
the
time
of
the
catastrophic
in
-
5
jury,
such
surviving
spouse
shall
receive
the
catastrophic
line
of
duty
ben
-
6
efit
for
the
duration
of
such
spouse's
life
to
which
the
public
safety
offi
-
7
cer
would
have
been
entitled.
8
(4)
(5)
The
benefits
payable
under
this
section
shall
not
be
subject
to
9
Idaho
state
income
tax.
10
(5)
(6)
A
public
safety
officer
,
the
public
safety
officer's
surviving
1
1
spouse,
or
the
public
safety
officer's
surviving
dependent
child
who
seeks
12
to
obtain
benefits
under
this
section
shall
apply
to
the
retirement
board
13
within
twelve
(12)
months
of
the
date
of
the
incident
resulting
in
the
public
14
safety
officer's
catastrophic
injury.
No
benefit
shall
be
payable
unless
15
the
retirement
board
determines
eligibility
pursuant
to
the
requirements
of
16
this
section.
A
public
safety
officer's
refusal
to
submit
to
a
medical
exam
-
17
ination
ordered
by
the
board
before
the
commencement
of
a
catastrophic
line
18
of
duty
benefit
or
at
any
reasonable
time
thereafter
shall
constitute
proof
19
that
the
member
is
not
eligible
for
the
benefits
provided
for
in
this
sec
-
20
tion.
21
(6)
(7)
The
benefits
provided
for
in
this
section
shall
not
be
in
addi
-
22
tion
to
other
benefits
under
this
chapter.
23
(7)
(8)
If
a
public
safety
officer
who
qualifies
for
benefits
provided
24
for
in
this
section
again
becomes
an
employee
in
a
nonpublic
safety
offi
-
25
cer
position
as
defined
in
sections
59
-
1302(14)
and
(16)
and
59
-
1303,
Idaho
26
Code,
as
a
result
of
returning
to
employment
with
an
employer
as
defined
in
27
section
59
-
1302(15),
Idaho
Code,
the
public
safety
officer
may
elect
to
con
-
28
tinue
receiving
benefits
and
not
accrue
additional
service.
In
such
circum
-
29
stance,
no
contributions
shall
be
made
by
the
member
during
such
reemploy
-
30
ment
and
the
public
safety
officer
catastrophic
line
of
duty
benefit
payable
31
on
the
behalf
of
the
member
shall
continue.
32
(8)
(9)
It
is
the
intent
of
the
legislature
that
this
benefit
shall
be
33
funded
solely
by
public
safety
officers
in
perpetuity
and
not
by
an
employer
34
as
defined
in
section
59
-
1302(15),
Idaho
Code.
Therefore,
the
costs
asso
-
35
ciated
with
providing
this
benefit
as
determined
by
the
board
shall
be
paid
36
solely
by
public
safety
officers.
An
actuarial
cost
analysis
of
the
benefit
37
will
be
performed
every
four
(4)
years
by
the
board.
However,
in
instances
38
involving
a
catastrophic
injury
that
results
in
death,
the
first
one
hundred
39
thousand
dollars
($100,000)
of
the
benefit
shall
be
paid
for
by
the
employers
40
of
public
safety
officers
as
an
additional
contribution
component
separate
41
and
distinct
from
all
other
obligations
under
this
chapter.
The
portion
of
42
costs
to
be
paid
by
the
employers
of
public
safety
officers
pursuant
to
this
43
subsection
is
a
continuation
of
how
such
costs
were
previously
paid
for
pub
-
44
lic
safety
officer
death
benefits.
Such
costs
shall
be
paid
in
a
manner
as
45
determined
by
the
board.
46
(10)
Any
individual
who
qualified
for
or
was
eligible
to
receive
the
47
public
safety
officer
death
benefit
between
July
1,
2021,
and
the
effective
48
date
of
this
subsection
shall
receive
the
balance
of
the
improved
benefit
as
49
provided
for
in
this
section.
50
4
SECTION
3.
That
Section
59
-
1361A
,
Idaho
Code,
be,
and
the
same
is
hereby
1
repealed.
2
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
4
passage
and
approval.
5