reglab/housing_qa huggingface dataset:
CO Code § 31-30.5-301 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 3 - Funding - State-Assisted Plans|§ 31-30.5-301. Legislative Declaration

 The general assembly finds and declares that the establishment of statewide actuarial standards regarding funded and unfunded liabilities of state-assisted old hire police officers' and firefighters' pension funds established pursuant to this article is a matter of statewide concern affected with a public interest, and the provisions of this part 3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further declares that state moneys provided to municipalities, fire protection districts, and county improvement districts do not constitute an obligation of the state to participate in the costs of pension plan benefits but are provided in recognition that said local governments are currently burdened with financial obligations relating to pensions in excess of their present financial capacities. It is the intent of the general assembly in providing state moneys to assist said local governments that state participation decrease annually, terminating at the earliest possible date.   History. Source: L. 96: Entire article added with relocations, p. 867, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-802 .
CO Code § 31-30.5-302 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 3 - Funding - State-Assisted Plans|§ 31-30.5-302. Definitions

 As used in this part 3, unless the context otherwise requires:    “Commission” means the pension review commission established pursuant to section 24-51.1-101.    “Employee” means any old hire firefighter, except any volunteer firefighter, or old hire police officer employed by an employer who is eligible for the benefits provided pursuant to this article.    “Employer” means any municipality, fire protection district, or county improvement district employing one or more employees.    “Governing body” means the governing body of a municipality, fire protection district, or county improvement district.    “State-assisted” means having received state moneys relating to accrued unfunded liability.    “Volunteer firefighter” has the same meaning as provided in section 31-30-1102 (9).     History. Source: L. 96: Entire article added with relocations, p. 868, § 1, effective May 23. L. 2014: (5) amended,(SB 14-031), ch. 52, p. 236, § 2, effective March 20. L. 2018: (1) amended,(SB 18-200), ch. 370, p. 2264, § 28, effective June 4.    Editor's note:   This section was formerly numbered as § 31-30-803 .   Cross references:   For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
CO Code § 31-30.5-305 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 3 - Funding - State-Assisted Plans|§ 31-30.5-305. No Change in Employer Obligation

 It is the intention of the general assembly that the minimum funding standards established by this part 3 shall not enlarge nor diminish the obligation of municipalities and fire protection districts to their employees for pension benefits provided pursuant to this article.   History. Source: L. 96: Entire article added with relocations, p. 873, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-806 .
CO Code § 31-30.5-306 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 3 - Funding - State-Assisted Plans|§ 31-30.5-306. Actuarial Studies

  An actuarial study of each old hire police officers' and firefighters' pension fund administered by the association shall be conducted not later than July 1, 2014, and an updated actuarial study shall be conducted by the association every two years thereafter until the plan is terminated.      The association shall designate actuaries or firms of actuaries to supervise, conduct, or review actuarial studies required by this section.    The fire and police pension association's board of directors shall specify the actuarial assumptions to be used in each such actuarial study.       Costs of all such actuarial studies are an expense of the old hire plan and the fire and police pension association is authorized to pay for such costs as provided in section 31-31-302 (3).    (Deleted by amendment, L. 2014.)      History. Source: L. 96: Entire article added with relocations, p. 873, § 1, effective May 23. L. 2001: (1)(b) amended, p. 302, § 1, effective August 8. L. 2003: (1)(b)(II) amended, p. 1473, § 2, effective May 1. L. 2006: (1)(b)(II) amended, p. 181, § 6, effective March 31. L. 2009: (1)(b)(II) amended,(SB 09-227), ch. 125, p. 541, § 2, effective April 16. L. 2011: (1)(b)(II) amended,(SB 11-221), ch. 152, p. 529, § 2, effective May 5. L. 2014: Entire section amended,(SB 14-031), ch. 52, p. 241, § 5, effective March 20.    Editor's note:   This section was formerly numbered as § 31-30-1014.5 .
CO Code § 31-30.5-401 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 4 - Funding - Nonstate Assisted Plans|§ 31-30.5-401. Sources of Revenue for Fund

  Except for state-assisted old hire police officers' and firefighters' pension plans and those affiliated with the fire and police pension association pursuant to section 31-31-701, each old hire pension fund may consist of:   All moneys that may be given to such board or fund by any person for the use and purpose for which such fund is created. Such board may take, by gift, grant, devise, or bequest, any money, personal property, or real estate, or interest therein, as trustees for the uses and purposes for which the fund is created;    All moneys, fees, rewards, or emoluments of every nature and description that may be paid or given to said fund;    All moneys derived from employer and member contributions, as provided for in sections 31-30.5-402 and 31-30.5-403.        History. Source: L. 96: Entire article added with relocations, p. 876, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-406 .   ANNOTATION   Annotator's note. Since § 31-30.5-401 is similar to § 31-30-407 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing that section have been included in the annotations to this section.   This section is clear and free from ambiguity and is capable of only one interpretation, if interpretation be required. Pueblo Fireman's Pension Bd. v. Hubersberger, 132 Colo. 344 , 288 P.2d 352 (1955).   Mandatory duty of board. Under this section once a petitioner's disability is established, it is the mandatory duty of the board to retire him and grant his pension. Pueblo Fireman's Pension Fund v. Hubersberger, 132 Colo. 344 , 288 P.2d 352 (1955).   The general assembly did not intend to permit a city to reduce an employee in rank, level, and dignity and change his class of employment by forcing him to accept a position which would accomplish that result; and then supplement such lower salary by an amount sufficient to pay the employee his former salary, and thereby deprive him of his pension. If we should establish such rule in the instant case, the rule could be applied to compel an employee of the city to accept any position of a different class and lower level and rank, provided the employee received his original pay; and by this method defeat his pension. The general assembly never intended for transfers to the manipulated so as to accomplish that result. Pueblo Fireman's Pension Bd. v. Hubersberger, 132 Colo. 344 , 288 P.2d 352 (1955).   A petitioner is entitled to know what facts the board relies on and an opportunity, after notice, to present evidence to controvert the factual situation used as a basis for the conclusion of the board. Pueblo Fireman's Pension Bd. v. Hubersberger, 132 Colo. 344 , 288 P.2d 352 (1955).
CO Code § 31-30.5-402 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 4 - Funding - Nonstate Assisted Plans|§ 31-30.5-402. Municipalities Under Fifty Thousand - Limit of Contributions to Old Hire Police Officers' Pension Plans

  There is granted to municipalities in this state having less than fifty thousand population the power to pay from the general funds of their respective municipalities into the old hire police officers' pension fund of their respective municipalities such sum monthly as shall not exceed five percent of the monthly salaries of the total active old hire members in the police department of their respective municipalities.    In such municipalities as make contributions from general funds into the old hire police officers' pension fund of their respective municipalities pursuant to subsection (1) of this section, the active old hire members of such police department shall contribute monthly, from their respective monthly salaries, into the municipality's old hire police officers' pension fund identical percentages of their respective monthly salaries so that the contribution of the active old hire members of the police department as a whole matches the contribution of the municipality.     History. Source: L. 96: Entire article added with relocations, p. 876, § 1, effective May 23.    Editor's note:   Provisions of this section were formerly numbered as §§ 31-30-319 and 31-30-320 .   ANNOTATION   Annotator's note. Since § 31-30.5-402 is similar to §§ 31-30-319 and 31-30-320 as they existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing that section have been included in the annotations to this section.   Police officers are not entitled to a refund. In absence of statutory provision or contractual agreement, rights of police officers under police pension system do not include right to refund. Benson v. City of Sheridan, 31 Colo. App. 540, 506 P.2d 401 (1972).   Applied in Benson v. City of Sheridan, 31 Colo. App. 540, 506 P.2d 401 (1972); Conrad v. City of Thornton, 191 Colo. 444 , 553 P.2d 822 (1976); Lepore v. Bd. of Trustees, 628 P.2d 625 (Colo. App. 1981).
CO Code § 31-30.5-404 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 4 - Funding - Nonstate Assisted Plans|§ 31-30.5-404. Plans Affiliated With the Fire and Police Pension Association

 Notwithstanding any provision of this part 4 to the contrary, an employer that affiliates its old hire police officers' or firefighters' pension fund with the fire and police pension association pursuant to section 31-31-701 and that is not receiving state contributions under part 3 of this article shall annually contribute an amount approved by the board of directors of the association, upon the advice of its actuary, sufficient to pay the normal cost plus amortize the unfunded past service liability attributed to old hire members, over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund's members.   History. Source: L. 96: Entire article added with relocations, p. 878, § 1, effective May 23. L. 2009: Entire section amended, (SB 09-227), ch. 125, p. 543, § 4, effective April 16.
CO Code § 31-30.5-501 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 5 - Investments - Insurance|§ 31-30.5-501. Old Hire Pension Fund - Investments

 It is lawful for the board of trustees of the old hire firefighters' pension fund and the board of trustees of the old hire police officers' pension fund in any municipality or district in this state to invest such respective pension funds, or any part thereof, in the name of the treasurer of such municipality or in the name of a custodian or custodians appointed by the board, as provided for in this section, in interest-bearing obligations of the United States, in interest-bearing bonds of the state of Colorado, or in general obligation bonds of cities, whether organized under general law or article XX of the state constitution, or in any depository enumerated in section 24-75-603 , C.R.S., and secured as provided in articles 10.5 and 47 of title 11, C.R.S. The board of trustees, by written resolution, may appoint one or more persons to act as custodians, in addition to the treasurer, to deposit or cause to be deposited all or part of such funds in any state or national bank or any state or federally chartered savings and loan association in Colorado. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All such securities and evidences of investment shall be deposited with the treasurer of such municipality.   History. Source: L. 96: Entire article added with relocations, p. 878, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-701 .
CO Code § 31-30.5-502 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 5 - Investments - Insurance|§ 31-30.5-502. Insurance - Investment by Banks and Trust Companies

  Notwithstanding any restrictions on investments of old hire police officers' or firefighters' pension funds contained in any laws of this state, it is lawful for the board of trustees of any such pension fund, with the consent in writing of a majority of the active old hire members of the police department or fire department for the benefit of which the pension fund is maintained, to:   Insure the old hire members of any such police department or fire department by the purchase of policies of individual, group, or blanket life, endowment, disability, or annuity insurance, or variable annuity insurance in and from companies authorized to do business in Colorado and to expend any portion of such pension fund for the purpose of paying the premiums on any such insurance policies; or    Establish a noninsured trust pension plan with a bank or trust company authorized to exercise trust powers in this state as trustee, invested by the trustee pursuant to the provisions of part 3 of article 1 of title 15, C.R.S.; but the trustee shall at all times hold fixed income obligations having a book value or cost of not less than sixty percent of the total contributions made to the trust less the amounts paid out.       If any old hire member of such police department, fire department, or association is receiving any pension, benefit, or award made prior to April 9, 1965, by such board of trustees, no such part of said fund shall be expended for purchasing said insurance as will impair the ability of said fund to meet the requirements of such pensions, benefits, and awards. The board of trustees of the old hire pension fund shall be the beneficiary of any such insurance policies, and the proceeds thereof shall be paid to the board of trustees as an addition to the old hire pension fund.     History. Source: L. 96 Entire article added with relocations, p. 878, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-702 .
CO Code § 31-30.5-503 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 5 - Investments - Insurance|§ 31-30.5-503. Alternative Investment Authority

 Notwithstanding any other provision of this part 5, moneys of old hire pension plans that are not affiliated with the fire and police pension association under section 31-31-701 may be managed and invested by the trustees of such plans pursuant to the standard and other provisions for trustees set forth in the “Colorado Uniform Prudent Investor Act”, article 1.1 of title 15, C.R.S. Such investments shall be audited at least biennially.   History. Source: L. 96: Entire article added with relocations, p. 879, § 1, effective May 23. L. 97: Entire section amended, p. 10, § 1, effective March 13. L. 2004: Entire section amended, p. 1203, § 73, effective August 4.    Editor's note:   This section was formerly numbered as § 31-30-1012 (8)(a) .   ANNOTATION   Annotator's note. Since § 31-30.5-503 is similar to § 31-30-1012 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, a relevant case construing the provision of that section has been included in the annotations to this section.   As trustee of the fire and police members' benefit fund, fund's administrative board must, as a matter of law, insure that beneficiaries of the fund receive the appropriate level of benefits provided by the local plan and, if necessary, investigate what benefits are “appropriate”. Pueblo v. Fire and Police Pension Ass'n, 827 P.2d 597 (Colo. App. 1992).
CO Code § 31-30.5-602 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 6 - Retirement Benefits|§ 31-30.5-602. Firefighters' Old Hire Pension Plans - Municipalities and Districts Under One Hundred Thousand in Population

 In municipalities, fire protection districts, and county improvement districts having a population of less than one hundred thousand, any old hire member who has reached the age of fifty years and who has served for a period of twenty years of active service in any such department in this state is entitled to a monthly pension equal to one-half the amount of the member's monthly salary as of the date of the member's retirement plus, if the governing body of the municipality, the board of directors of the fire protection district, or the board of the county improvement district authorizes such additional benefits, one-half of any increase in salary and longevity or additional pay based on length of service granted during the period of the member's retirement to the rank occupied by the member in said department. Any old hire member of a paid fire department of a municipality, fire protection district, or county improvement district, who has served prior time in a volunteer fire department in any municipality, fire protection district, or county improvement district in this state, in the event the member becomes a paid member, may be credited service time at their discretion, at the rate of one year of paid service for each four complete years of volunteer time; except that they shall not receive both a pension under part 11 of article 30 of this title and a service credit under this section.   History. Source: L. 96: Entire article added with relocations, p. 880, § 1, effective May 23. L. 2005: Entire section amended, p. 776, § 63, effective June 1.    Editor's note:   This section was formerly numbered as § 31-30-408 .   ANNOTATION   Annotator's note. Since § 31-30.5-602 is similar to § 31-30-408 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing the provisions of that section have been included in the annotations to this section.   Authority to contract to refund employee's contributions to fund. A home-rule city has authority to contract with its firemen and policemen to refund the employee's individual contributions to the respective pension funds on termination of employment prior to qualification for pension benefits. Conrad v. City of Thornton, 191 Colo. 444 , 553 P.2d 822 (1976).   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).   Municipality cannot make adverse change in pension plan without offsetting increase in benefits. City of Aurora v. Ackman, 738 P.2d 796 (Colo. App. 1987).
CO Code § 31-30.5-603 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 6 - Retirement Benefits|§ 31-30.5-603. Police Officers' 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 police department who has attained the age of sixty years is entitled to a monthly pension equal to one-half the amount of the average salary said member received as a member of said department for one year before retirement. Any old hire member of the police department of such municipality having served twenty-five years or more in such police department, other than an old hire member who has arrived at the age of sixty years and retired, is entitled to a monthly pension equal to one-half the amount of the average salary said member received as a member of said department for one year before the time of retirement.   History. Source: L. 96: Entire article added with relocations, p. 880, § 1, effective May 23.    Editor's note:   This section was formerly numbered as § 31-30-610 .
CO Code § 31-30.5-701 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 7 - Disability and Survivor Benefits|§ 31-30.5-701. Coverage

 The provisions of this part 7 governing the benefits payable in the event of the death or disability of an active old hire member shall apply with respect to any such member who dies or becomes disabled prior to January 1, 1980. The provisions of this part 7 governing the benefits payable in the event of the death of a retired old hire member shall apply regardless of the date of death.   History. Source: L. 96: Entire article added with relocations, p. 882, § 1, effective May 23.    ANNOTATION   Annotator's note. The following annotations include cases decided under former provision similar to this section.   Policemen must have been in good standing at the time of death or injury. The language of this section grants and limits pension benefits and fixes the point of time at which the individual or class is determined a beneficiary, and it is quite clear that it is intended to cover “policemen who have been members in good standing of the police departments”, and the real, significant point of time is, “the time of death or injury”. Bd. of Trustees of Policemen's Pension Fund v. Starasinich, 128 Colo. 556 , 264 P.2d 1033 (1954).   And rights to benefit from the fund attach the moment a policeman's disabilities occur while he is a member in good standing. Bd. of Trustees of Policemen's Pension Fund v. Starasinich, 128 Colo. 556 , 264 P.2d 1033 (1954).   Thus, a policemen's discharge from the police department for alleged misconduct does not, in any manner, invalidate his claim for a disability pension. Bd. of Trustees of Policemen's Pension Fund v. Starasinich, 128 Colo. 556 , 264 P.2d 1033 (1954).