CO Code § 31-30.5-702 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 30.5 - Fire - Police - Old Hire Pension Plans|Part 7 - Disability and Survivor Benefits|§ 31-30.5-702. Police Officers' Old Hire Pension Plans - Municipalities Under One Hundred Thousand in Population

  If an old hire member of any police department in a municipality having a population of less than one hundred thousand, while in the performance of the member's duty or by reason of service in such department, becomes physically or mentally disabled and such disability is deemed to be of a temporary nature, the board of trustees shall retire the individual with a disability and shall authorize the payment to such individual, monthly, of an amount from the pension fund equal to the monthly compensation paid any such member as salary at the date of such disability, not to exceed a period of one year. For the purpose of determining the physical or mental disability of any such member, the board of trustees may personally examine the member or may appoint one or more physicians or surgeons to make an examination of the member and report their findings to the board, which report may be taken into consideration in determining whether the member has a physical or mental disability.    After any old hire member of any police department in a municipality having a population of less than one hundred thousand has been retired temporarily by reason of any disability, the board of trustees has the right at any time to cause such retired member to be brought before it and again examined by competent physicians or surgeons and has the right to examine other witnesses for the purpose of discovering whether such disability yet continues and whether such retired member should be continued on the pension roll, not to exceed a period of one year, or reinstated in the service of the police department, except in case of dismissal or resignation. Such retired member is entitled to notice and to be present at the hearing of any such evidence and may be represented by counsel. The retired member shall be permitted to propound any question pertinent or relevant to such matter and shall also have the right to introduce evidence on the member's own behalf. All witnesses so produced shall be examined under oath, and any member of such board of trustees is authorized to administer such oath to such witnesses. The decision of such board shall be final.    If any old hire member or officer of any police department in a municipality having a population of less than one hundred thousand becomes mentally or physically disabled so as to render necessary the member's retirement from service in such department, said board of trustees shall retire such member from service in such department, and the member shall receive from the pension fund an amount equal to one-half of the monthly salary received by the member at the time the member becomes so disabled. Except as provided in subsection (4) of this section, when any old hire member of such police department or retired old hire member dies and leaves a surviving spouse or dependent parent or children under the age of sixteen years, surviving, the board of trustees shall authorize the payment monthly from the pension fund of the sum of thirty dollars to such surviving spouse or dependent parent and six dollars to each such minor child until the child reaches the age of sixteen years. No pension shall be paid to the dependent parent of the deceased member who leaves a surviving spouse, and, if the surviving spouse of any deceased member remarries, such pension shall cease.    In those municipalities making contributions from general funds into the old hire police officers' pension plan pursuant to section 31-30.5-402, the benefits payable in the event an old hire member of such police department or retired member dies and leaves a dependent surviving spouse or dependent parent or children under the age of sixteen years shall be an amount equal to one-fourth the monthly salary received by the member of the department at the time the member died to such surviving spouse or dependent parent and an amount equal to one-eighth of the monthly salary received by the member of the department at the time the member died to each minor child until such child reaches the age of sixteen years. No pension shall be paid to the dependent parent of the deceased member who leaves a surviving spouse, and, if the surviving spouse of any deceased member remarries, such pension shall cease.    If at any time there is not sufficient money or other property in said pension fund to pay to each beneficiary the full amount per month to which such beneficiary is entitled, an equal percentage of such monthly payment shall be made to each, until such fund is so replenished as to warrant payment in full to each of such beneficiaries.     History. Source: L. 96: Entire article added with relocations, p. 882, § 1, effective May 23. L. 2014: (1) amended,(SB 14-118), ch. 250, p. 986, § 22, effective August 6.    Editor's note:   Provisions of this section were formerly numbered as §§ 31-30-308 (1) to (3), 31-30-309 , and 31-30-321 (1)(c) .   ANNOTATION   Annotator's note. Since § 31-30.5-702 is similar to §§ 31-30-308 and 31-30-321 as they existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing those sections have been included in the annotations to this section.   A claim accrues at the time of the disabling injury. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   There is no time limit in this article for applying for benefits. This article providing for the creation of the police pension fund and payment therefrom fixes no limit of time within which application for a pension must be made or action to enforce the claimed right commenced. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   Thus, the general three-year statute of limitations applies. The general assembly has not enacted a special limitation on the time for filing pension claims, hence, the three-year statute of § 13-80-108 (1)(b) governs. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   So resignation coupled with inaction for a period of more than six years must be taken as an abandonment of any right to claim a pension. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   But once right to receive pension has been determined the right to receive payment is continuous. The right to receive a pension is a very different right from the right to receive payment once the basic right to receive the pension itself has been determined. Once the right to receive a pension has been determined, then the receipt of the pension is a continuing one. The basic or primary right (to receive the pension) is not a continuing one and may be barred by laches or by a statute of limitations. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   Effect of voluntary resignation and subsequent reappointment. The voluntary resignation of a public employee from his position operates as a complete severance therefrom, and the loss of right to the position and of all rights, benefits, or emoluments thereof, including all pension rights, and his subsequent reappointment after he has passed the age limit for admission in the pension fund does not entitle him to reinstatement as a beneficiary of such fund. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   Pensions are granted for the benefit of the state and not primarily for the benefit of the recipients. They are awarded to reward efficiency and to encourage officers to remain in the service as well as to give assurance of decent living upon retirement, whether by reason of old age or because of disability. Bd. of Trustees of Policemen's Pension Fund v. Koman, 133 Colo. 598 , 298 P.2d 737 (1956).   Permanent disability is not required to be service-connected. Blank v. Police Pension Bd., 44 Colo. App. 323, 612 P.2d 1156 (1980).   Applied in Lepore v. Bd. of Trustees, 628 P.2d 625 (Colo. App. 1981).