Reemployment of Retired Public Safety Officers

From PERSI, the Public Employee Retirement System of Idaho

Senate Bill 1054 was passed by the Idaho Legislature and signed by the Governor on March 20, 2023. This legislation becomes effective July 1, 2023 and amends Idaho Code §59-1356 to allow for the reemployment of certain retired members.

Under Idaho Code §59-1356(6) a retired member may return to work in a full-time capacity for any PERSI employer and continue to receive their PERSI retirement benefit, if the following conditions are met:

• Was employed as a public safety member at the time of termination;
  • A public safety member is one who had Police Officer Member status, as defined in Idaho Code §59-1303, or was employed as a Firefighter, as defined in Idaho Code §59-1302(16).
• Has a date of last contribution on or after July 1, 2023;
• Retired on or after August 1, 2023, and has received a benefit payment;
• Retired on or after age fifty (50);
• Has completed a thirty (30) day break in service from all PERSI employers; and
  • A member’s break in service begins the day after termination of employment.
• Has not been guaranteed or promised reemployment by any PERSI employer.

If the above conditions are satisfied, a retired public safety member may elect to continue receiving benefits and not accrue additional service credit. In this situation, member and employer contributions must be made at the rate established for public safety members. A member does not need to be reemployed as a public safety member, but contributions are required at the public safety member rate regardless of the position the retired public safety member is hired into.

Idaho Code §59-1315 provides that revisions to Idaho Code are prospective only and that a member’s benefits are determined based upon the terms of the plan on the date of the member’s contribution as an active member. With the effective date of this legislation being July 1, 2023, members who have a date of last contribution and retirement date prior to July 1, 2023 are not eligible to return to work under Idaho Code §59-1356(6).

*If a member does not meet the requirements for reemployment under Idaho Code §59-1356(6), the other provisions of Idaho Code §59-1356 apply.

* Reemployment under Idaho Code §59-1356(6) is not guaranteed and all employment decisions are left to the employer.

If you have any questions and/or concerns, please call the PERSI Employer Service Center at 1-866-887-9525 or 208-287-9525.