CO Code § 31-31-811 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 31 - Fire - Police - New Hire Pension Plans|Part 8 - Disability and Survivor Benefits|§ 31-31-811. Funding of Death and Disability Benefits

  Every employer in this state, except those employers covering their employees under social security and those described in section 31-31-802 (2)(b) and (2)(c) who have not elected to be subject to the provisions of this part 8, shall be governed by the provisions of this section. For members who die or are disabled on or after January 1, 1980, the death and disability benefits provided to any member pursuant to this part 8 shall be paid for by state moneys transferred to the fire and police members' benefit investment fund created by section 31-31-301 (1)(a), subject to the limitations imposed by this section. Moneys in the disability and death benefits trust fund created by section 31-31-813 shall not be used for any purpose other than the payment of the death and disability benefits established by this part 8.      The board shall submit an annual actuarial valuation report dated January 1 of the year in which the report is submitted, regarding the benefit liabilities accrued under this part 8 to the state auditor, the legislative audit committee, and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities as accrued.    (Deleted by amendment, L. 2020.)       Repealed.    For each member hired on or after January 1, 1997, who is eligible for the death and disability coverage provided by this part 8, a contribution shall be made to the death and disability account in the fund for the year 2021 in an amount not greater than three percent of the member's salary. Thereafter, the board, based on an annual actuarial valuation, may adjust the contribution rate every year, but in no event may the adjustment for any one-year period exceed two-tenths of one percent of the member's salary. Any employer and any local pension board or authority shall provide such information as may be required by the board in order to complete the annual actuarial valuations. The actuary appointed by the board may utilize either the entry age-normal cost method or the aggregate cost method for purposes of the study required by this subsection (4). Any unfunded accrued liability shall be funded over a period not to exceed thirty years. The actuarial study shall not include any consideration of a cost of living adjustment to benefits awarded to members who are occupationally disabled. Payments shall be made by the employer and are due no later than ten days following the date of payment of salary to the member. The payments required by this section are subject to interest if not submitted when due. Any decision regarding whether the contribution required by this subsection (4) shall be assessed against the employer or the member, or shall in some manner be assessed jointly against the employer and the member, will be made at the local level utilizing the usual process for determining employee benefits. If it is not already part of the usual process for determining employee benefits, the employer shall confer with the employees or their representative prior to making a determination on how the contribution will be assessed.      History. Source: L. 96: Entire article added with relocations, p. 935, § 1, effective May 23; (2) and (3) amended and (4) added, pp. 1340, 1341, §§ 5, 6, effective June 1. L. 2001: (2)(b)(II) and (4) amended and (2)(b)(III) added, p. 426, § 16, effective June 1. L. 2006: (1) amended, p. 197, § 23, effective March 31. L. 2007: (4) amended, p. 274, § 3, effective August 3. L. 2008: (2)(b)(III) amended, p. 1269, § 8, effective August 5. L. 2015: (4) amended,(SB 15-027), ch. 9, p. 21, § 5, effective August 5. L. 2020: (2) and (4) amended and (3) repealed,(HB 20-1044), ch. 105, p. 413, § 11, effective September 14.    Editor's note:   Provisions of this section were formerly numbered as §§ 31-30-1013 (3) , 31-30-1014 (2)(c) , and 31-30-1015 .   ANNOTATION   Annotator's note. Since § 31-31-811 is similar to § 31-30-1014 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, a relevant case construing the provisions of that section has been included in the annotations to this section.   As “gatekeeper” of state moneys, fund's administrative board must insure that employers maintain a level of annual contributions to pay earned benefits to present and future plan members and see that no state moneys are used to fund a continuation of full rank escalation benefits after January 1, 1980. Pueblo v. Fire and Police Pension Ass'n, 827 P.2d 597 (Colo. App. 1992).   Ample and competent evidence supported the decision of fund's administrative board that city had elected to continue rank escalation benefits after January 1, 1980. Pueblo v. Fire and Police Pension Ass'n, 827 P.2d 597 (Colo. App. 1992).