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|   Idaho Statutes
ati36032.tmp
EDUCATION CHAPTER 12 TEACHERS 33-1228.Severance allowance at retirement. (1) Upon separation from public school employment by retirement in
accordance with chapter 13, title 59,
Idaho Code, an employee's unused sick leave shall be determined based
on accumulated sick leave earned subsequent to July 1, 1976, as provided
by section 33-1218, Idaho
Code, and shall be reported by the employer to the Idaho public employee
retirement system. A sum equal to one-half (1/2) of the monetary value
of such unused sick leave, calculated at the rate of pay for such
employee at the time of retirement, as determined by the retirement
board, shall be transferred from the sick leave account provided by
subsection (3) of this section and shall be credited to such employee's
retirement account. Such sums shall be used by the retirement board
to continue to pay, subject to applicable federal tax limits: (a) Premiums
for the retiree and the retiree's dependents at the rate for the active
employee's group health, long-term care, vision, prescription drug
and dental insurance programs as maintained by the employer for the
active employees until the retiree and/or the retiree's spouse becomes
eligible for medicare at which time the district shall make available
a supplemental program to medicare for the eligible individual. Upon
the death of the retiree the surviving spouse's health coverage shall
be available and continued under the same terms and conditions as
the retiree. Coverage may be continued for the retiree's surviving
dependent spouse and dependents until remarriage of the spouse or
until the retiree's surviving dependent spouse is eligible for a group
health program by an employer. The medicare supplement program will
provide the same premium and benefits for all retirees of all the
employers served by the same insurance carrier. However, a school
district may make available to all retirees from that district other
benefits in addition to the medicare supplement program and the retiree
or the district shall pay for such additional benefits. (b) Premiums
at the time of retirement for the retiree for the life insurance program
maintained by the employer which may be reduced to a minimum of five
thousand dollars ($5,000) of coverage. (2) The
retiree may continue to pay the premiums for the health, accident,
dental and life insurance to the extent of the funds credited to the
employee's account pursuant to this section and when these funds are
expended the premiums may be deducted from the retiree's allowance.
Upon a retiree's death, any unexpended sums remaining in the retiree's
account shall revert to the sick leave account. If funds are not available
for payment by the Idaho public employee retirement system from the
retiree's surviving dependent spouse's allowance, the insurance carrier
shall implement a direct billing procedure to permit the retiree's
surviving spouse to continue coverage. (3) Each
employer shall contribute to a sick leave account maintained by the
public employee retirement system in trust exclusively for the purpose
of the provisions of this section. The retirement board shall serve
as trustee of the trust and shall be indemnified to the same extent
as provided in section 59-1305, Idaho
Code. Assets in the trust shall not be assignable or subject to execution,
garnishment or attachment or to the operation of any bankruptcy or
insolvency law. The rate of such contribution each pay period shall
consist of a percentage of employees' salaries as determined by the
board, and such rate shall remain in effect until next determined
by the board. Any excess balance in the sick leave account shall be
invested, and the earnings therefrom shall accrue to the sick leave
account except the amount required by the board to defray administrative
expenses. Assets of the trust may be commingled for investment purposes
with other assets managed by the retirement board. All moneys payable
to the sick leave account are hereby perpetually appropriated to the
board and shall not be included in its departmental budget. (4) For
purposes of this section public school employment shall be defined
to include the employees of the Idaho digital learning academy, and
to permit inclusion of employees of organizations funded by school
districts or of contributions of employees of school districts and
shall include employees of the Idaho bureau of educational services
for the deaf and the blind. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. |
