59-1353. COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES. (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.

(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.

History:

[(59-1353) 1963, ch. 349, Art. 6, sec. 2, p. 988; am. 1974, ch. 57, sec. 12, p. 1118; am. and redesig. 1990, ch. 231, sec. 41, p. 637; am. 1991, ch. 61, sec. 6, p. 149; am. 1993, ch. 251, sec. 2, p. 876.]