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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.03-01
STATE OF IDAHO
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact Vital Statistics,
Statehouse, Boise, ID 83720, phone (208) 334-5988.
STATE DEATH BENEFITS
Beginning January 1, 2001, there is a state death benefit paid for the line-of-duty death of
any certified peace officer, detention officer, or correctional officer in the employ of the state
or a political subdivision of the state.
The sum of $100,000 will be disbursed to a surviving spouse, with or without dependent
children. In the event there is no surviving spouse, the sum of $100,000 will be disbursed
evenly to surviving dependent children under the age of 21. In the event there is neither a
surviving spouse nor surviving dependent children under the age of 21, the sum of $40,000
will be disbursed to the surviving parent or parents of the slain officer, to be split equally
between the natural or adopted parents of the slain officer.
The death benefit provided in this section shall not be subject to state income taxes, and
shall not affect, nor be affected by, any death benefit payments as may be provided under
chapter 13, title 59, Idaho code.
STATE PENSION BENEFITS
SURVIVOR COMPENSATION
In the event a paid policeman is killed or sustains injury, from which death results, while in
the performance of his duty or from causes disconnected with his official duties but during the
period of his service, and leaves surviving spouse or minor child or children if spouse has
predeceased officer shall be paid from the retirement fund a yearly sum equal to 1/2 of the
amount of the salary attached to his/her rank for a period of one year next preceding date
of death. Payments will be made to remarried spouse for sole benefit of minor children until
children reach age 18. Unmarried officer leaving dependent natural father and mother,
benefit pay shall be paid 50% to each parent until death.
In event any paid policeman shall die within three (3) months, from and as a result of injuries
received in performance of duty or from causes disconnected with his official duties but
during the period of his service and shall at the time of his death be unmarried but shall leave
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surviving him dependent natural father and mother, the retirement or benefit pay to which he
would have been entitled thereunder shall be paid fifty per cent (50%) to each of the
surviving parents during the continuance of his or her natural life.
ORDER OF ELIGIBILITY
Spouse
Minor child/children under the age of 18
Natural dependent parents
Contact: Public Employees Retirement System, 820 Washington, Boise, Idaho, 83702,
(208) 334-3365.
EDUCATION BENEFITS
No state educational benefits available.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Community Oriented Policing Services, US
Department of Justice, in partnership with participating States that have submitted an
approved State Plan. Information can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty. These scholarships may be applied to any
course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact Michael Becar at the Department of Law Enforcement,
telephone 208-884-7250, fax 208-884-7295.
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HEALTH BENEFITS
Varied depending upon police department benefits. Contact the Benefits Assistance Officer
in your agency.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Idaho.
The benefit is 45% of the employee's wage if survived by a spouse only or 60% if survived
by a spouse and child(ren), with a minimum weekly benefit of $175.50 and a maximum
weekly benefit of $261.30, with a maximum period of 500 weeks. There is also a
maximum allowance of $6,000 to cover actual expenses of transportation of employee's body
to his or her place of residence within the United States or Canada.
Upon remarriage, spouse receives either 180 weeks of compensation or balance of 500
weeks, whichever is less.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Contact the Idaho State Industrial Commission, P. O. Box 83720, Boise, ID 83720-0041,
telephone (208)334-6000.
PENSION PAYMENTS 50-1516
Disability under Workers' Compensation: Any policeman, father, mother, widow, child or
children of a policeman are entitled to compensation under the Workmen's Compensation
Law shall draw benefits under provisions of this chapter only to the extent that the benefits
under provisions of this chapter exceed those to which he shall be entitled under the
Workmen's Compensation Law of the state of Idaho, also if eligible he/she (officer) will
receive retirement under the provisions of this chapter he may make appropriations to the
board to be retired at (1/2) the rate of pay applicable for the job classification at the time of
disability.
Contact the Public Employee Retirement System, 820 Washington, Boise, Idaho, 83702
(208) 334-3365.
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PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - 15-2-201. Quasi-community property.
(a) Upon death of a married person domiciled in this state, one-half (1/2)
of the quasi-community property shall belong to the surviving spouse
and the other one-half (1/2) of the quasi-community property shall be
subject to the testamentary disposition of the decedent and, if not
devised by the decedent, goes to the surviving spouse.
(b) Quasi-community property is all persona property, wherever
situated, and all real property situated in this state which has
heretofore been acquired or is hereafter acquired by the decedent
while domiciled elsewhere and which would have been the
community property of the decedent and the surviving spouse had
the decedent been domiciled in this state at the time of its acquisition
plus all personal property wherever situated, and all real property
situated in this state, which has heretofore been acquired or is
hereafter acquired in exchange for real or personal property,
wherever situated, which would have been the community property
of the decedent and the surviving spouse if the decedent had been
domiciled in this state at the time the property so exchanged was
acquired, provided that real property does not and personal property
does not include leasehold interests in real property, provided that
quasi-community property shall include real property situated in
another state and owned by a domiciliary of this state if the laws of
such state permit descent and distribution of such property to be
governed by the laws of this state.
(c) All quasi-community property is subject to the debts of decedent.
15-2-202. Augmented estate. Whenever a married person domiciled in the state has made a
transfer of quasi-community property to a person other than the surviving spouse without
adequate consideration and without the consent of the surviving spouse, the surviving spouse
may require the transferee to restore to the decedent's estate one-half (1/2) of such property, if
the transferee retains such property and, if not, one-half (1/2) of its proceeds or, if none, onehalf
(1/2) of its value at the time of transfer if:
(a) The decedent retained, at the time of his death, the possession or
enjoyment of or the right to income from the property;
(b) The decedent retained, at the time of his death, a power either alone
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or in conjunction with any other person, to revoke or to consume,
invade or dispose of the principal for his own benefit;
(c) The decedent held the property at the time of his death with another
with the right of survivorship; or
(d) The decedent had transferred such property within two (2) years of
his death to the extent that the aggregate transfers to any one (1)
donee in either of the years exceeded three thousand dollars
($3,000).
15-2-203. Elective right to quasi-community property and augmented estate.
(a) The right of the surviving spouse in the augmented quasi-community
property estate shall be elective and shall be limited to one-half (1/2)
of the total augmented quasi-community property estate which will
include, as a part of the property described in section 15-2-201 and
section 15-2-202, of this code, property received from the decedent
and owned by the surviving spouse at the decedent's death, plus the
value of such property transferred by the surviving spouse at any
time during marriage to any person other than the decedent which
would have been in the surviving spouse's quasi-community
property augmented estate if that spouse had predeceased the
decedent to the extent that the owner's transferred property is
derived from the decedent by any means other than testate or
intestate succession without a full consideration in money or moneys
worth. This shall not include any benefits derived from the federal
social security system by reason of service performed or disability
incurred by the decedent, and shall include property transferred from
the decedent to the surviving spouse by virtue of joint ownership
and through the exercise of a power of appointment also exercisable
in favor of others than the surviving spouse and appointed to the
surviving spouse.
(b) The elective share to the quasi-community estate thus computed shall
be reduced by an allocable portion of general administration
expenses, homestead allowance, family allowance, exempt property
and enforceable claims.
(c) Property owned by the surviving spouse at the time of the decedent's
death and property transferred by the surviving spouse is presumed
to have been derived from the decedent except to the extent that the
surviving spouse establishes that it was derived from another source.
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15-2-204. Right of election personal. The right of election of the surviving spouse may be
exercised only during his lifetime by him. In the case of a protected person, the right of
election may be exercised only by order of the court in which protective proceedings as to his
property are pending, after finding that exercise is necessary to provide adequate support for
the protected person during his probable life expectancy.
15-2-205. Proceeding for elective share --- Time Limit
(a) The surviving spouse may elect to take his elective share in the
augmented net estate by filing in the court mailing or delivering to
the personal representative a petition for the elective share within six
(6) months after the publication of the first notice to creditors for
filing claims which arose before the death of the decedent. The
court may extend the time for election as it sees fit for cause shown
by the surviving spouse before the time for election has expired.
(b) The surviving spouse shall give notice of the time and place set for
hearing to persons interested in the estate and to the distributes and
recipients of portions of the augmented net estate whose interests
will be adversely by the taking of the elective share.
(c) The surviving spouse may withdraw his demand for an elective share
at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the amount of the
elective share and shall order its payment from the assets of the
augmented net estate or by contribution as appears appropriate
under section 15-2-207 of this code. If it appears that a fund or
property included in the augmented net estate has not come into the
possession of the personal representative, or has been distributed by
the personal representative, the court nevertheless shall fix the
liability of any person who has any interest in the fund or property or
who has possession thereof, whether as trustee or otherwise. The
proceeding may be maintained against fewer than all persons against
whom relief could be sought, but no person is subject to
contribution in any greater amount than he would have been if relief
had been secured against all persons subject to contribution.
(e) The order or judgment of the court may be enforced as necessary in
suit for contribution or payment in other courts of this state or other
jurisdictions.
15-2-206. Effect of election on benefits by will or statute.
(a) The surviving spouse's election of his elective share does not affect
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the share of the surviving spouse under the provisions of the
decedent's will or intestate succession unless surviving spouse also
expressly renounces in the petition for an elective share the benefit
of all or any of the provisions. If any provision is so renounced, the
property or other benefit which would otherwise have passed to the
surviving spouse thereunder is treated, subject to contribution under
subsection 15-2-207 (b), as if the surviving spouse had predeceased
the testator.
(b) A surviving spouse is entitled to homestead allowance, exempt
property and family allowance whether or not he elects to take an
elective share and whether or not he renounces the benefits
conferred upon him by the will except that, if it clearly appears from
the will that a provision therein made for the surviving spouse was
intended to be in lieu of these rights, he is not so entitled if he does
not renounce the provision so made for him in the will.
15-2-207. Liability of others.
(a) In proceeding for an elective share, property which passes or has
passed to the surviving spouse by testate or intestate succession and
property included in the augmented estate which has not been
renounced is applied first to satisfy the elective share and to reduce
the amount due from other recipients of portions of the augmented
estate.
(b) The remaining amount of the elective share is equitably apportioned
among beneficiaries of the will and transferred of the augmented
estate in proportion to the value of their interest therein.
(c) Only original transferees from, or appointees of, the decedent and
their donees, to the extent the donees have the property or its
proceeds, are subject to the contribution to make up the elective
share of the surviving spouse. A person liable to contribution may
choose to give up the property transferred to him or to pay its value
as of the time it is considered in computing the augmented estate.
15-2-208. Waiver. The right of election of a surviving spouse and the rights of the surviving
spouse to homestead allowance, exempt property and family allowance, or any of them, may
be waived, wholly or partially, before or after marriage, by a written contract, agreement or
waiver signed by the party waiving after fair disclosure. Unless
it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or
estate of a present or prospective spouse or a complete property settlement entered into after
or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead
allowance, exempt property and family allowance by each spouse in the property of the other
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and a renunciation by each of all benefits which would otherwise pass to him from the other
by intestate succession or by virtue of the provisions of any will executed before the waiver or
property settlement.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller
