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2017 Op. Idaho Att'y Gen. [5] (2017)

handle is hein.sag/sagid0097 and id is 1 raw text is: STATE OF DAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN ATTORNEY GENERAL OPINION NO. 17-01 TO: Susan E. Buxton, Administrator Idaho Division of Human Resources VIA STATEHOUSE MAIL Henry Atencio, Director Idaho Department of Correction VIA STATEHOUSE MAIL Don Drum, Executive Director Idaho Public Employee Retirement System VIA STATEHOUSE MAIL The following questions dealing with employees of the Idaho Department of Correction who qualify for police officer member status for purposes of the Idaho Public Employee Retirement System (PERSI) have been posed to this office. QUESTIONS PRESENTED 1. For purposes of PERSI, what IDOC employees working inside a prison are eligible for police officer member status pursuant to Idaho Code § 59-1303(3)(e)(ii), and thus for Rule of 80 status? 2. If some IDOC employees are reclassified to a position not eligible for police officer member status, what impact would this have on their accrued retirement benefits and their retired benefits going forward? CONCLUSIONS 1. Idaho Code § 59-1303 must be read in such a manner as to effectuate all subsections and make the entire provision internally consistent. When this is done, and when this statute is read in conjunction with other relevant statutes and rules, it is clear that, of IDOC employees who work in prisons, only wardens and correctional officers are eligible by law for police officer member status, and thus for Rule of 80 status. Other IDOC employees who work within P.O. Box 83720, Boise, Idaho 83720-0010 Telephone: (208) 334-2400, FAX: (208) 854-8071 Located at 700 W. Jefferson Street, Suite 210

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