CO Code § 31-30.5-604 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 6 - Retirement Benefits|§ 31-30.5-604. Firefighters' Old Hire Pension Plans - Municipalities of at Least One Hundred Thousand in Population

  In municipalities having a population of at least one hundred thousand, any old hire member of the fire department who has served at least twenty-five years of active duty and has attained the age of fifty years shall be retired within thirty days after making application for retirement, except during periods of national emergency, and such person shall be paid a monthly pension equal to one-half the amount of the monthly salary said person received as a member of said department as of the date of application for retirement. For so long as the old hire member is in retirement, there shall be added to the amount of the member's pension one-half of any increase in salary and longevity or additional pay based on length of service granted to the rank formerly occupied by the member in the department.      When, for any reason, the rank or grade within a fire department is abolished or ceases to exist and a retired old hire member of such department, on or after April 30, 1963, is in receipt of a pension or annuity from the fund by reason of retirement in such classification, grade, or rank, such member shall receive the member's regular pension payment for the grade or rank occupied at the time of the member's retirement. In addition, such member of a fire department shall receive additional benefits as follows: The fraction which such member's regular pension payment for the grade or rank occupied at the time of the member's retirement bears to the regular pension payment for the next higher rank at such time shall be computed; and such member shall receive one-half of any increase in salary and longevity pay or additional pay based on length of service granted to the next higher rank or grade in such department multiplied by the fraction as above computed; but if the next higher and next lower ranks or grades of the department receive equal money increases, such member shall receive one-half of any increase without multiplication of the fraction above computed. An old hire member of such department who, on July 1, 1969, is in receipt of a pension or annuity from the fund, by reason of retirement in a rank or grade which has been abolished or has ceased to exist, shall have the member's benefits as above described recomputed, and any additional moneys to which the member is entitled shall be paid to the member as if this provision were in effect at the date of the member's application for retirement.    The provisions of this subsection (2) shall apply alike to all those who retired under this section and to those who retire under the provisions of section 31-30.5-705.         History. Source: L. 96: Entire article added with relocations, p. 881, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-511 .   ANNOTATION   Annotator's note. Since § 31-30.5-604 is similar to § 31-30-511 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing that section has been included in the annotations to this section.   Despite age and length of service requirements being satisfied, board still has discretion. Although the conditions of this section with respect to age and length of service have been fulfilled, the board of trustees has the discretionary power exercised to deny a petition for retirement. Bedwell v. Bd. of Trustees, 114 Colo. 475 , 166 P.2d 994 (1946).   Escalator clause adjusts pension to keep pace with cost of living. Provision in subsection (3)(a) that “such officer or member shall receive one-half of any increase in salary and longevity pay or additional pay based on length of service granted to the next higher rank or grade in such department multiplied by the fraction as above computed” is known as an escalator clause and is intended to automatically adjust pension payments to keep pace with cost of living and wage increases. Huff v. Mayor & City Council, 182 Colo. 108 , 512 P.2d 632 (1973).   No authority to alter eligibility requirements. An administrative body does not have discretionary powers to alter eligibility requirements for retirement pension benefits which have been mandated by the general assembly. Bonacci v. City of Aurora, 642 P.2d 4 (Colo. 1982).