Senate Commerce advances PERSI volunteer clarification and classifies DOPL attorneys as nonclassified employees

The Idaho Senate Commerce and Human Resources Committee voted to advance two bills to the Senate floor: House Bill 55, which clarifies when retirees may volunteer without jeopardizing Public Employee Retirement System of Idaho (PERSI) benefits, and Senate Bill 1056, which classifies attorneys employed by the Division of Occupational and Professional Licenses (DOPL) as nonclassified professional employees.

The measures drew brief presentations and unanimous voice votes. Representative Sean Deigert (District 23) introduced House Bill 55 to address what he described as a problem under the “rule of 90,” where retirees face a mandatory separation that includes a 90-day blackout that can prevent even informal assistance to successors. "They're told to have total separation, which means a blackout for 90 days, which means you're not allowed to, help in any way with a person that's coming in to fill your position," Deigert said, recounting a case of a 35-year agriculture teacher who could not mentor a successor without risking benefits.

Deigert said the bill defines a "bona fide volunteer" as someone who assists "without any expectation of any kind of compensation of any kind," does not receive additional PERSI service credit and therefore should not trigger enforcement actions. Mike Hampton, director for PERSI, told the committee the language aims to prevent attempts to circumvent retirement rules while allowing genuine volunteers to help. "They're actually coming in as a bona fide volunteer, as defined in this section, so that they're coming in and not trying to circumvent and just come back into a position, in a volunteer name only," Hampton said.

Committee members endorsed the measure. Senator Ward Engelking moved to send House Bill 55 to the floor with a "do pass" recommendation; Senator Burnt seconded. After brief supportive remarks from Engelking and Burnt, the committee approved the motion by voice vote and the bill was ordered to the Senate floor with a due-pass recommendation.

Senate Bill 1056 was presented by State Senator Todd Lakey (District 23) on behalf of the Division of Occupational and Professional Licenses. Lakey said the bill adds DOPL attorneys to the list of nonclassified professional employees under the cited code section so they are categorized like other professional legal staff in state government. "So we're essentially categorizing these attorneys the same as other similar professionals under the code section," Lakey said. He described the change as consistent with classifications for attorneys at the attorney general's office, the Idaho Supreme Court and the public defender's office.

Senator Guthrie moved to send Senate Bill 1056 to the Senate floor with a "do pass" recommendation; a second was recorded from Senator Ruckde. The committee approved the motion by voice vote and ordered the bill to the floor with a due-pass recommendation.

The committee also approved the minutes from its Feb. 4, 2025 meeting by voice vote and granted unanimous consent to forward two RSs (RS 32355 and RS 32356) to the Senate Judiciary and Rules Committee for introduction and printing. The chair then adjourned the meeting.