Deonier v. State, Public Employee Retirement Board

The Court’s decision today spurns our controlling decision in Brock v. City of Boise, 95 Idaho 630, 516 P.2d 189 (1973). The plurality opinion even attempts to overrule the Brock case. However, the precedents of this Court cannot be overruled by a two-judge plurality opinion.1 Nor can a two-judge plurality opinion render an authoritative interpretation of I.C. § 72-1414, which is binding on the lower courts and administrative agencies. The most that can be said of the Court’s action today is that these claimants have prevailed, and they are going to receive additional benefits, i.e., the…