Idaho

The Public Employees Retirement System of Idaho administers pension and other benefits to substantially all public employees in the state, including state employees, teachers, and employees of political subdivisions electing to participate. In addition to the basic defined benefit plan, PERSI administers two defined contribution plans: a voluntary 401(k) and a gain-sharing plan, in which excess investment gains are distributed to participant accounts when the plan is overfunded.

Authorizing Statute

Chapter 15, Title 13 covers the Idaho Public Employees Retirement System. 59-1301 creates the system:

59-1301.PUBLIC EMPLOYEE RETIREMENT SYSTEM CREATED -- PURPOSE -- DUTIES OF FIDUCIARIES OF RETIREMENT FUND. (1) A retirement and disability benefit system is created and placed under the management of a retirement board for the purpose of providing a retirement system and other benefits for public employees in the state of Idaho under this chapter. The retirement system shall be known as the "Public Employee Retirement System of Idaho."

Board Composition

59-1304 Determines the composition of the Retirement Board.

RETIREMENT BOARD -- APPOINTMENT. (1) There is hereby created in the office of the governor a governing authority of the system to consist of a board of five (5) persons known as the retirement board. Each member of the board shall be appointed by the governor to serve a term of five (5) years. The governor shall designate one (1) member of the board to serve as chairman.

• Two (2) board members shall be appointed from among active members having at least ten (10) years of credited service;

• Three (3) board members shall be appointed from among Idaho citizens who are not members of the system except by reason of having served on the board.

Contributions

Per the U.S. Census, in FY 2015, employer contributions to Idaho state and local government pension plans were 3.18 percent of all state and local government direct general spending.

Constitutional Protections

No explicit constitutional protection for public pension benefits, but courts recognize contractual protection for public pensions. "The rights of the employees in pension plans such as Idaho's Retirement Fund Act are vested, subject only to the reasonable modification to keep the pension system flexible and maintain its integrity. Since the employee's rights are vested, the pension plan cannot be deemed to provide gratuities. Instead, it must be considered compensatory in nature." Hansen v. City of Idaho Falls, 446 P.2d 634 (1968); Nash v. Boise City Fire Department, 663 P.2d 1105 (1983). (ID CONST., Article I, §16) Source: Robert Klausner, Esq., State Constitutional Protections for Public Sector Retirement Benefits