reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1129 - Funeral benefit

When an active volunteer firefighter or retired fire department member dies, the board shall pay a funeral benefit to assist in the proper burial of the deceased firefighter in an amount determined by the board of not more than twice the amount determined by the board under section
31-30-1122
, but not less than one hundred dollars. The board shall pay this funeral benefit to any person who pays the necessary funeral expenses.
L. 95: Entire part added, p. 1379, § 2, effective June 5. L. 98: Entire section amended, p. 810, § 7, effective May 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1130 - Fire department dissolution

(1)
If a fire department dissolves and the services of volunteer firefighters or the fire department are discontinued:
(a)
The benefits paid under this part 11 to volunteer firefighters or their surviving spouses, dependent parents, children, and other beneficiaries at the time of the dissolution shall continue;
(b)
Assets of the fund shall be transferred with other assets of the fire department and shall be administered by the board of trustees of the successor pension fund;
(c)
In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion;
(d)
A volunteer firefighter who has accrued ten or more years of active service at the time of the dissolution shall be granted an annuity after the firefighter is fifty years of age. The annuity shall be prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board at the time of the dissolution.
L. 95: Entire part added, p. 1380, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1131 - Volunteer firefighter - employment termination restricted

(1)
An employer shall not terminate an employee who is a volunteer firefighter and who fails to report to work because the employee has responded to an emergency summons if the employee provides the employer with a written statement from the chief of the fire department that the employee's absence was due to the response.
(1.5)
An employer shall not terminate an employee who is a volunteer firefighter and who leaves work to respond to an emergency summons, if:
(a)
The employer does not deem the employee to be essential to the operation of the employer's daily enterprise;
(b)
The employer has previously received written documentation from the fire chief of the employee's fire department notifying the employer of the employee's status as a volunteer firefighter;
(c)
The emergency is within the response area of the employee's fire department and is of such magnitude that the emergency summons issued by the fire chief requires all firefighters to respond; and
(d)
The chief of the employee's fire department provides the employer with a written statement verifying the time, date, and duration of the employee's response.
(2)
An employer may deduct time lost from employment caused by a response to an emergency summons from the wages of an employee who is a volunteer firefighter.
(3)
Notwithstanding the provisions of this section, if a volunteer firefighter is called to an emergency pursuant to part 8 of article
33.5
of title
24
, C.R.S., the provisions of section
24-33.5-825
or
24-33.5-826
, C.R.S., shall control regarding the volunteer firefighters absence or leave from work. Under no circumstances shall a volunteer firefighter's leave exceed the amount allowed pursuant to section
24-33.5-825
or
24-33.5-826
, C.R.S.
Amended by 2013 Ch. 316,§ 100, eff. 8/7/2013.
L. 95: Entire part added, p. 1380, § 2, effective June 5. L. 2008: Entire section amended, p. 339, § 2, effective April 8. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1695, § 100, effective August 7.
For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 109, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1132 - Retired firefighter - return to active service - benefits

If the governing body of any municipality, fire protection district, or county improvement district, by resolution, determines that a fire department is in need of additional volunteer firefighters, a retired fire department member shall be eligible to serve as an active volunteer firefighter of such fire department. Any retired fire department member who, subsequent to retirement, serves as an active volunteer firefighter for a fire department pursuant to this section shall continue to receive pension benefits from the volunteer firefighter pension fund under this article during the period in which the person is an active volunteer firefighter of the fire department. During the period such person is receiving a pension and acting as an active volunteer firefighter pursuant to this section, such person shall not receive service credit for the purpose of increasing such pension.
L. 97: Entire section added, p. 169, § 1, effective March 28. L. 2005: Entire section amended, p. 776, § 62, effective June 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1133 - Qualification requirements - internal revenue code - definitions

(1)
As used in this section, "internal revenue code" means the federal "Internal Revenue Code of 1986", as amended.
(2)
Any volunteer firefighter pension plan established by this part 11 to provide retirement benefits for volunteer firefighters shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans. In order to meet those requirements, such plans are subject to the following provisions, notwithstanding any other provision of this part 11:
(a)
The board shall distribute the corpus and income of the pension plan to members and their beneficiaries in accordance with this part 11 and the rules adopted by the board.
(b)
No part of the corpus or income of the pension plan may be used for or diverted to any purpose other than that of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the pension plan, except for an assignment for child support debt pursuant to section
14-14-104
, C.R.S., child support arrearages as requested as part of an enforcement action under article
5
of title
14
, C.R.S., or child support arrearages that are the subject of enforcement services provided under section
26-13-106
, C.R.S., and except for income assignments for child support purposes pursuant to section
14-14-111.5
, C.R.S., and a writ of garnishment that is the result of a judgment taken for arrearages for child support or for child support debt.
(3)
A board may adopt any provision for a plan that is necessary to comply with the internal revenue code.
L. 98: Entire section added, p. 22, § 1, effective March 16. L. 2006: (2)(b) amended, p. 179, § 2, effective March 31. L. 2009: Entire section amended, (HB 09-1030), ch. 16, p. 87, §1, effective August 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1134 - Statewide accidental death and disability insurance policy - department of local affairs

(1)
Beginning on July 1, 2004, the department of local affairs shall provide for and determine the cost of a statewide accidental death and disability insurance policy to cover all volunteer firefighters serving in volunteer or paid and volunteer fire departments, the insurance to be applicable only when serving as a volunteer firefighter. The policy shall be paid for as provided in section
31-30-1112(2)(h)(II)
from the proceeds of the tax imposed by section
10-3-209
, C.R.S.
(2)
The department of local affairs shall set the amount of coverage to be provided for each volunteer firefighter, take competitive bids for the policy from insurers, and make such rules as may be necessary to provide for the policy.
(3)
The department of local affairs shall secure an accidental death and disability insurance policy that offers the best benefits available for the amount of moneys transferred to the department pursuant to section
31-30-1112(2)(h)(II)
.
(4)
The insurer shall have sole power to determine disability for volunteer firefighters under the policy provided by this section.
(5)
The department of local affairs shall have the authority to contract with any entity for the purpose of complying with the requirements of this section.
L. 2004: Entire section added, p. 1136, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 12 - VOLUNTEER SERVICE AWARD ACT (§§ 31-30-1201 — 31-30-1203) › Section 31-30-1201 - Short title

This part 12 shall be known and may be cited as the "Volunteer Service Award Act".
L. 2007: Entire part added, p. 193, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 12 - VOLUNTEER SERVICE AWARD ACT (§§ 31-30-1201 — 31-30-1203) › Section 31-30-1202 - Definitions

As used in this part 12, unless the context otherwise requires:
(1)
"Bona fide volunteer" means a person who renders qualified services for an emergency service provider if the only compensation received by the person for performing the qualified services is in the form of:
(a)
Reimbursement, or a reasonable allowance, for reasonable expenses incurred in the performance of such services; or
(b)
Reasonable benefits, including length of service awards, and nominal fees for qualified services customarily paid by an eligible emergency service provider in connection with the performance of such services.
(2)
"Emergency service provider" means a local government or an authority formed by two or more local governments that provides any of the following services:
(a)
Fire fighting and prevention services;
(b)
Emergency medical services; or
(c)
Ambulance services through the use of volunteers.
(3)
"Qualified services" means fire fighting and prevention services, emergency medical services, and ambulance services.
(4)
"Volunteer service award" means a benefit based on length of service that a volunteer may legally accrue pursuant to current rulings of the internal revenue service and that, while invested under a volunteer service award plan adopted pursuant to this part 12, is exempt from federal income taxes on both the emergency service provider's contribution and all interest, dividends, and capital gains until the ultimate distribution to the volunteer.
L. 2007: Entire part added, p. 193, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 12 - VOLUNTEER SERVICE AWARD ACT (§§ 31-30-1201 — 31-30-1203) › Section 31-30-1203 - Volunteer service award plan

(1)
The governing body of any emergency service provider may adopt and amend or provide for the administration and amendment of a volunteer service award plan for bona fide volunteers.
(2)
If the governing body of the emergency service provider chooses to adopt and amend or provide for the administration and amendment of a volunteer service award plan, the body shall adopt a plan document providing for the administration of the volunteer service award that is intended to comply with the provisions of section 457 (e)(11) of the federal "Internal Revenue Code of 1986", as amended. The emergency service provider shall be responsible for ensuring that such plan document is in compliance with applicable law. Participation by volunteers shall be subject to the requirements and limitations of said section 457 (e)(11) and the applicable regulations promulgated under said section 457.
(3)
The governing body of the emergency service provider that adopts a volunteer service award program shall invest public moneys held to pay such awards as may be allowed pursuant to parts 6 and 7 of article
75
of title
24
, C.R.S.
(4)
The existence or enactment of any qualified length of service plan to recognize volunteer service that is in effect prior to March 26, 2007, is hereby authorized.
(5)
Notwithstanding any provision in this part 12 to the contrary, nothing shall preclude an emergency service provider from adopting any other incentive programs to assist bona fide volunteers.
L. 2007: Entire part added, p. 194, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 13 - VOLUNTEER HEALTH INSURANCE ACT (§§ 31-30-1301 — 31-30-1303) › Section 31-30-1301 - Short title

This part 13 shall be known and may be cited as the "Volunteer Health Insurance Act".
L. 2008: Entire part added, p. 579, § 3, effective August 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 13 - VOLUNTEER HEALTH INSURANCE ACT (§§ 31-30-1301 — 31-30-1303) › Section 31-30-1302 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Bona fide volunteer":
(a)
Has the meaning set forth in section
31-30-1202
; and
(b)
Means any volunteer member of a rescue unit as defined in section
25-3.5-103
, C.R.S.
(2)
"Carrier" means an entity that provides health coverage in this state, including a franchise insurance plan, a fraternal benefit society, a health maintenance organization, a nonprofit hospital and health service corporation, a sickness and accident insurance company, and any other entity providing a health insurance or health benefits plan or policy subject to the insurance laws and regulations of Colorado.
(3)
"Emergency service provider" has the meaning set forth in section
29-11-101
, C.R.S.
(4)
"Group health insurance plan" means a group sickness and accident insurance plan as described in section
10-16-214
, C.R.S.
(5)
"Qualified services" means firefighting and fire prevention services, emergency medical services, ambulance services, and search and rescue services.
L. 2008: Entire part added, p. 579, § 3, effective August 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 13 - VOLUNTEER HEALTH INSURANCE ACT (§§ 31-30-1301 — 31-30-1303) › Section 31-30-1303 - Group health insurance plan

(1)
The governing body of an emergency service provider may enter into insurance contracts with carriers to provide group health insurance plans for its bona fide volunteers. The cost of the plans, sources of funding, amount of contributions required from bona fide volunteers, coverage parameters, and eligibility requirements shall be negotiated by the governing body and the carrier. Nothing in this section shall be construed to preclude a governing body from participating in an insurance pool or from allowing its bona fide volunteers to participate in the group health insurance plan offered to the paid employees of the governing body.
(2)
The administration and management of a group health insurance plan shall be the exclusive responsibility of the carriers of the plan.
(3)
This section shall apply only to bona fide volunteers deemed to be active and in good standing by the emergency service provider.
L. 2008: Entire part added, p. 580, § 3, effective August 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 1 - GENERAL PROVISIONS (§§ 31-30.5-101 — 31-30.5-103) › Section 31-30.5-101 - Legislative declaration

(1)
The general assembly finds and determines that police officers, in saving and protecting the lives and property of the citizens and residents of the state of Colorado, are performing state duties and are rendering services of special benefit to this state and that it is the province, right, and obligation of the state of Colorado to care for members of the police force who are entitled to retirement because of length of service or old age or because they have been injured or disabled in service and also to care for the spouses, dependent parents, and dependent children of such police officers.
(2)
The general assembly further finds and determines that the establishment of firefighters' pension plans in this state is a matter of statewide concern that affects the public safety and general welfare.
L. 96: Entire article added with relocations, p. 856, § 1, effective May 23.
This section was formerly numbered as § 31-30-301.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 1 - GENERAL PROVISIONS (§§ 31-30.5-101 — 31-30.5-103) › Section 31-30.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Affiliated board" means any board affiliated, as specified in section
31-31-701
, with the fire and police pension association created in section
31-31-201
.
(1.5)
"Board" means the board of trustees established as the governing body of the firefighters' or police officers' old hire pension fund as provided in sections
31-30.5-202
and
31-30.5-203
.
(2)
"Employer" means any municipality in this state offering police or fire protection service employing one or more members and any special district or county improvement district in this state offering fire protection service employing one or more members.
(3)
"Fund" means the applicable firefighters or police officers' pension fund created in section
31-30.5-201
.
(4)
"Member" means an active employee who is a full-time salaried employee of a municipality, fire protection district, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the employee's employer. The term does not include clerical or other personnel whose services are auxiliary to police or fire protection.
L. 96: Entire article added with relocations, p. 857, § 1, effective May 23. L. 2009: (1) amended and (1.5) added, (HB 09-1030), ch. 16, p. 89, §2, effective August 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 1 - GENERAL PROVISIONS (§§ 31-30.5-101 — 31-30.5-103) › Section 31-30.5-103 - Applicability

(1)
(a)
Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.
(b)
In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:
(I)
The member has prior service as a firefighter or police officer in the state of Colorado;
(II)
The current employer approved coverage under its old hire pension plan or any other local plan;
(III)
The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and
(IV)
The member requested such coverage, in writing, on or before December 31, 1981.
(2)
The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:
(a)
Members covered under an exempt pension plan established by part 8 of this article;
(b)
Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section
31-31-701
, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and
(c)
Members covered under the federal "Social Security Act", unless their employer also provides supplemental retirement benefits under an old hire pension plan.
(3)
All members meeting the requirements of subsection (1) of this section, who are not otherwise excluded from an old hire pension plan coverage under subsection (2) of this section, shall be referred to in this article and article
31
of this title as "old hire members".
Amended by 2024 Ch. 15,§ 2, eff. 3/6/2024.
Amended by 2014 Ch. 52, § 8, eff. 3/20/2014.
L. 96: Entire article added with relocations, p. 857, § 1, effective May 23. L. 2014: (2)(b) amended, (SB 14-031), ch. 52, p. 247, § 8, effective March 20.
This section was formerly numbered as § 31-30-1003.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-201 - Funds created

(1)
There is created and established in each employer having fire department old hire members, a pension fund to be known as the "firefighters' old hire pension fund".
(2)
There is created and established in each employer having police department old hire members, a pension fund to be known as the "police officers' old hire pension fund".
L. 96: Entire article added with relocations, p. 858, § 1, effective May 23.
Provisions of this section were formerly numbered as §§ 31-30-501 and 31-30-601.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-203 - Board of trustees - police officers' old hire pension fund

(1)
The general supervision, management, and control of the police officers' old hire pension fund shall be vested in a board of trustees.
(2)
In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, the board shall consist of the mayor, the municipal treasurer, the clerk, and one active old hire member of the police department who shall be elected by the active old hire members of the department; except that, if there are no active old hire members available or willing to serve on such board, such board shall consist of the mayor, the municipal treasurer, and the clerk. Said board shall select from their number a president and a secretary. The municipal treasurer shall be ex officio treasurer of said board and custodian of all funds coming into the treasurer's hands.
(3)
In any municipality having a population of at least one hundred thousand, the board shall consist of such persons or officials as may be designated by the charter and ordinances thereof.
(4)
The treasurer of the board, in addition to any custodian appointed by the board pursuant to section
31-30.5-204(4)
, shall be the custodian of the fund, shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board, any member thereof, or any other interested person. Said treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of the fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
L. 96: Entire article added with relocations, p. 861, § 1, effective May 23.
Provisions of this section were formerly numbered as §§ 31-30-304, 31-30-305(1), and 31-30-612.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-204 - Powers and duties of the board

(1)
The board shall:
(a)
Promulgate all necessary rules, not inconsistent with the provisions of this article, for managing and discharging its duties and for its own government and procedure in so doing and for the preservation and protection of the fund.
(b)
Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the provisions of this article. Action on such applications shall be final and conclusive; except that, when, in the opinion of the board, justice demands that said action should be reconsidered, the same may be reversed by said board.
(c)
Keep and preserve a record of actions taken by the board and of all other matters properly before said board.
(d)
Make an annual report to the governing body of the employer of the condition of the fund in August of each year.
(2)
The board has power to compel witnesses to attend and testify before it upon all matters connected with the provisions of this article in the same manner as is or may be provided by law. The president of said board or any member thereof may administer oaths to such witnesses.
(3)
The board has the power to draw on the fund for the payment of expenses attributable to the administration of the fund, the payment of benefits, and for the purpose of investing all or any part of the fund as permitted by part 5 of this article.
(4)
The board may designate one or more financial institutions as custodian of the fund. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.
(5)
In municipalities that prescribe the composition of the board for the police officers' old hire pension fund by ordinance or charter, the board shall have such additional powers and duties as may be provided by the charter and ordinances of such municipalities.
L. 96: Entire article added with relocations, p. 862, § 1, effective May 23.
Provisions of this section were formerly numbered as §§ 31-30-305(4), 31-30-312(1) and (2), 31-30-403(3)(a), 31-30-502(1)(b), and 31-30-615.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-205 - Attorneys to advise

It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be brought against them and bring all suits and actions in their behalf that may be required or determined upon by said boards. In the event of a conflict between a board and an employer, the board may obtain legal counsel to represent the board in any such action at the expense of the board.
L. 96: Entire article added with relocations, p. 863, § 1, effective May 23.
This section was formerly numbered as § 31-30-414.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-206 - Warrants drawn

It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for all funds belonging to the fund.
L. 96: Entire article added with relocations, p. 864, § 1, effective May 23.
This section was formerly numbered as § 31-30-410(1).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-207 - Method of payment

All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of the proceedings of the board.
L. 96: Entire article added with relocations, p. 864, § 1, effective May 23.
This section was formerly numbered as § 31-30-410(2).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-208 - Fund not subject to levy

Except for assignments for child support purposes as provided for in sections
14-10-118 (1)
and
14-14-107
, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section
14-14-111.5
, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section
14-10-113 (6)
, C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no portion of the fund, before or after its order for distribution by the board to the persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or process or proceeding whatsoever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage, claim, demand, or judgment against the employer or the beneficiary of the fund. Said fund shall be held and distributed for the purposes of this article and for no other purpose whatsoever.
L. 96: Entire article added with relocations, p. 864, § 1, effective May 23; entire section amended, p. 627, § 45, effective July 1; entire section amended, p. 1464, § 13, effective 1/1/1997. L. 2005: Entire section amended, p. 75, § 12, effective August 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-210 - Plan amendment

(1)
No modification of any provision of an old hire pension plan established pursuant to this article may be made after December 1, 1978, except as may be authorized by subsection (2) of this section.
(2)
Upon the request of an employer and with the approval of sixty-five percent of the active and retired old hire members, the board of directors of the fire and police pension association established pursuant to section
31-31-201(1)
, shall permit the modification of any provision of an old hire pension plan established pursuant to this article, if the board determines that such modification will maintain or enhance the actuarial soundness, as defined in section
31-31-102(1)
, of such fund. In addition, upon the request of an employer, the board shall permit the modification of any provision of an old hire pension plan necessary to comply with state or federal law. Such modification may be made without the approval of the active and retired old hire members. This subsection (2) shall not be construed to authorize the board to allow a modification of any such old hire plan so as to change the nature of the plan from a defined benefit plan to a money purchase plan or to adversely affect the pension benefits of active or retired old hire members.
L. 96: Entire article added with relocations, p. 865, § 1, effective May 23. L. 2003: (2) amended, p. 827, § 2, effective April 1. L. 2005: (2) amended, p. 135, § 2, effective August 8.
Provisions of this section were formerly numbered as §§ 31-30-805(10)(a) and 31-30-1005(6).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-211 - Affiliation with the fire and police pension association

Any employer may elect affiliation with the fire and police pension association established by section
31-31-201(1)
, relating to an old hire pension plan established pursuant to this article. The procedures for affiliation and other provisions governing the administration of an affiliated plan are set forth in section
31-31-701
.
L. 96: Entire article added with relocations, p. 866, § 1, effective May 23.
This section was formerly numbered as § 31-30-1003(3)(a).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 2 - ADMINISTRATION (§§ 31-30.5-201 — 31-30.5-213) › Section 31-30.5-213 - Dissolution of fire departments

In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of the pension funds shall be transferred with other assets of the department and shall be administered by the board of trustees of the successor pension fund. In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion. After attaining fifty years of age, any firefighter having accrued ten or more years of active service at the time of such dissolution shall be granted an annuity, prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board of trustees of such pension fund at the time of such dissolution.
L. 96: Entire article added with relocations, p. 867, § 1, effective May 23.
This section was formerly numbered as § 31-30-415(9).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 3 - FUNDING - STATE-ASSISTED PLANS (§§ 31-30.5-301 — 31-30.5-307) › Section 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.
L. 96: Entire article added with relocations, p. 867, § 1, effective May 23.
This section was formerly numbered as § 31-30-802.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 3 - FUNDING - STATE-ASSISTED PLANS (§§ 31-30.5-301 — 31-30.5-307) › Section 31-30.5-302 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Commission" means the pension review commission established pursuant to section
24-51.1-101
.
(2)
"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.
(3)
"Employer" means any municipality, fire protection district, or county improvement district employing one or more employees.
(4)
"Governing body" means the governing body of a municipality, fire protection district, or county improvement district.
(5)
"State-assisted" means having received state moneys relating to accrued unfunded liability.
(6)
"Volunteer firefighter" has the same meaning as provided in section
31-30-1102(9)
.
Amended by 2018 Ch. 370,§ 28, eff. 6/4/2018.
Amended by 2014 Ch. 52,§ 2, eff. 3/20/2014.
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.
This section was formerly numbered as § 31-30-803.
For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 3 - FUNDING - STATE-ASSISTED PLANS (§§ 31-30.5-301 — 31-30.5-307) › Section 31-30.5-303 - [Repealed]

Repealed by 2014 Ch. 52,§3, eff. 3/20/2014.
L. 96: Entire article added with relocations, p. 868, § 1, effective May 23. L. 2014: Entire section repealed, (SB 14-031), ch. 52, p. 236, § 3, effective March 20.
This section was formerly numbered as § 31-30-804.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 3 - FUNDING - STATE-ASSISTED PLANS (§§ 31-30.5-301 — 31-30.5-307) › Section 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.
L. 96: Entire article added with relocations, p. 873, § 1, effective May 23.
This section was formerly numbered as § 31-30-806.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 3 - FUNDING - STATE-ASSISTED PLANS (§§ 31-30.5-301 — 31-30.5-307) › Section 31-30.5-306 - Actuarial studies

(1)
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.
(2)
(a)
The association shall designate actuaries or firms of actuaries to supervise, conduct, or review actuarial studies required by this section.
(b)
The fire and police pension association's board of directors shall specify the actuarial assumptions to be used in each such actuarial study.
(3)
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)
.
(4)
(Deleted by amendment, L. 2014.)
Amended by 2014 Ch. 52,§ 5, eff. 3/20/2014.
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.
This section was formerly numbered as § 31-30-1014.5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 4 - FUNDING - NONSTATE ASSISTED PLANS (§§ 31-30.5-401 — 31-30.5-404) › Section 31-30.5-401 - Sources of revenue for fund

(1)
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:
(a)
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;
(b)
All moneys, fees, rewards, or emoluments of every nature and description that may be paid or given to said fund;
(c)
All moneys derived from employer and member contributions, as provided for in sections
31-30.5-402
and
31-30.5-403
.
L. 96: Entire article added with relocations, p. 876, § 1, effective May 23.
This section was formerly numbered as § 31-30-406.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 4 - FUNDING - NONSTATE ASSISTED PLANS (§§ 31-30.5-401 — 31-30.5-404) › Section 31-30.5-402 - Municipalities under fifty thousand - limit of contributions to old hire police officers' pension plans

(1)
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.
(2)
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.
L. 96: Entire article added with relocations, p. 876, § 1, effective May 23.
Provisions of this section were formerly numbered as §§ 31-30-319 and 31-30-320.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30.5 - FIRE - POLICE - OLD HIRE PENSION PLANS (§§ 31-30.5-101 — 31-30.5-803) › Part 4 - FUNDING - NONSTATE ASSISTED PLANS (§§ 31-30.5-401 — 31-30.5-404) › Section 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.
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.