Idaho Code
Idaho Code

Idaho Code § 59-1301 (2026)

Public employee retirement system created — Purpose — Duties of fiduciaries of retirement fund. 

✓ current as of May 2026
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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."

(2)  The purpose of such system is to provide an orderly means whereby public employees in the state of Idaho who become superannuated or otherwise incapacitated as the result of age or disability, may be retired from active service without prejudice and without inflicting a hardship upon the employees retired, and to enable such employees to accumulate pension credits to provide for old-age, disability, death and termination of employment, thus effecting economy and efficiency in the administration of the state, county and local government. The legislature, therefore, declares that, in its considered judgment, the public good, and the general welfare of the citizens of this state required the enactment of this measure, under the police powers of the state.
With respect to the retirement fund created in this chapter, the fiduciaries of the fund shall discharge their duties with respect to the fund solely in the interest of the members and their beneficiaries
(a)  for the exclusive purpose of:
(i)  providing benefits to members and their beneficiaries; and
(ii) defraying reasonable expenses of administering the system;
(b)  with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;
(c)  by diversifying the investments of the fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and
(d)  in accordance with the provisions of the Idaho Code governing the system.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1977–2024 · leading case: Jackson v. Minidoka Irrigation Dist., 563 P.2d 54 (Idaho 1977).
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Jackson v. Minidoka Irrigation Dist., 563 P.2d 54 (Idaho 1977). · cites it 2× “(See I.C. § 59-1301, et seq.) The employee’s contribution, plus interest, may be withdrawn at such time as she may leave the employment but the employee does not become eligible for any retirement benefits unless she has participated in the program a total of 5 years.”
Osick v. Pub. Emp. Ret. Sys. of Idaho, 835 P.2d 1268 (Idaho 1992). · cites it 4× “I.C. § 59-1301(2). In the context of this purpose, I.”
Farnsworth v. Farnsworth (Idaho Ct. App. 2024). · cites it 2× “PERSI is a state-created retirement plan under I.C. § 59-1301, et seq., and PERSI accounts are an asset that can be 13 split between divorcing spouses pursuant to a qualified domestic relations order.”
Elgee v. Ret. Brd. of the Pub. Emp. (PERSI) (Idaho 2021). · cites it 2× “Idaho Code section 59-1301(2) provides that the PERSI Board owes fiduciary duties to its members.”
Farnsworth v. Farnsworth (Idaho Ct. App. 2024). · cites it 2× “PERSI is a state-created retirement plan under I.C. § 59-1301, et seq., and PERSI accounts are an asset that can be 13 split between divorcing spouses pursuant to a qualified domestic relations order.”
Idaho Code § 59-1301(2): 2 cases
Osick v. Pub. Emp. Ret. Sys. of Idaho, 835 P.2d 1268 (Idaho 1992). “I.C. § 59-1301(2). In the context of this purpose, I.”
Elgee v. Ret. Brd. of the Pub. Emp. (PERSI) (Idaho 2021). “Idaho Code section 59-1301(2) provides that the PERSI Board owes fiduciary duties to its members.”
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