reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION - CONTINUED (§§ 8-55-101 — 8-55-105) › Article 55 - WORKERS' COMPENSATION CLASSIFICATION APPEALS BOARD (§§ 8-55-101 — 8-55-105) › Section 8-55-104 - Review of board decisions

(1)
A decision of the board shall be final and not subject to appeal unless the employer, insurance company, or Pinnacol Assurance provides written notice to the office of the commissioner of insurance, who shall determine whether a job misclassification occurred, as required pursuant to section
8-44-108
. An employer may hold disputed premium amounts in abeyance from the date an appeal is filed pursuant to section
8-55-102
until the later of:
(a)
The date a final decision is made by the board concerning such appeal; or
(b)
The date of any written decision of the commissioner of insurance issued pursuant to subsection (3) of this section.
(2)
Each employer, insurance company, or Pinnacol Assurance, as the case may be, shall be advised of the right to appeal to the office of the commissioner of insurance.
(3)
An employer, insurance company, or Pinnacol Assurance shall provide written notice of an appeal to the commissioner of insurance within thirty days after the date of the board's decision. The commissioner shall review any decision of the board properly appealed pursuant to this section and shall provide a written decision within thirty days after the request for such review.
(4)
Any employer that holds disputed premium amounts in abeyance pursuant to subsection (1) of this section and loses its appeal shall pay the disputed premium amount plus interest at the rate of one percent of such disputed amount per month. Such interest shall accrue from the date of the premium rate increase to the date of payment.
L. 96: Entire article added, p. 1143, § 1, effective October 1. L. 2002: IP(1), (2), and (3) amended, p. 1890, § 48, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION - CONTINUED (§§ 8-55-101 — 8-55-105) › Article 55 - WORKERS' COMPENSATION CLASSIFICATION APPEALS BOARD (§§ 8-55-101 — 8-55-105) › Section 8-55-105 - Repeal of article

(1)
This article 55 is repealed, effective September 1, 2032.
(2)
Prior to said repeal, the workers' compensation classification appeals board shall be reviewed as provided in section
24-34-104
, C.R.S.
Amended by 2021 Ch. 30,§ 2, eff. 4/15/2021.
L. 96: Entire article added, p. 1143, § 1, effective October 1. L. 2001: Entire section amended, p. 170, § 1, effective March 28. L. 2010: (1) amended, (HB 10-1247), ch. 262, p. 262, § 1, effective April 5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › OCCUPATIONAL DISEASES (§ 8-60-101) › Article 60 - [Repealed] OCCUPATIONAL DISEASES (§ 8-60-101) › Section 8-60-101 - to 8-60-131 - [Repealed]

L. 75: Entire article repealed, p. 311, § 62, effective September 1.
This article was numbered as article 18 of chapter 81, C.R.S. 1963.
For current provisions concerning occupational diseases, see articles 40 to 47 of this title 8.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 65 - [Repealed] COLORADO MEDICAL DISASTER INSURANCE FUND (§ 8-65-101) › Section 8-65-101 - to 8-65-108 - [Repealed]

L. 90: Entire article repealed, p. 576, § 77, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 66 - [Repealed] COLORADO MAJOR MEDICAL INSURANCE FUND ACT (§ 8-66-101) › Section 8-66-101 - to 8-66-112 - [Repealed]

L. 90: Entire article repealed, p. 576, § 77, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-101 - Short title

The short title of this article 67 is the "Colorado Uninsured Employer Act".
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1697, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that the purpose of this article 67 is to provide a mechanism for the payment of covered claims to workers injured while employed by employers who have failed to obtain and maintain the required workers' compensation insurance and to avoid excessive delay in payment and financial loss to injured workers.
(2)
Therefore, it is the intent of the general assembly to require employers to maintain workers' compensation insurance and that the requirement be vigorously enforced in order to protect compliant employers from those who would gain a competitive advantage at the expense of the safety and well-being of employees.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1697, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-103 - Definitions

As used in this article 67, unless the context otherwise requires:
(1)
"Board" means the uninsured employer board created in section
8-67-106
.
(2)
"Covered claim" means a claim for benefits resulting from an injury occurring on or after January 1, 2020, that has been adjudicated to be compensable, for which the employer has been determined to be uninsured, and for which the employer has failed to pay the full amount of benefits as ordered.
(3)
"Department" means the department of labor and employment.
(4)
"Director" means the director of the division of workers' compensation.
(5)
"Division" means the division of workers' compensation in the department of labor and employment.
(6)
"Fund" means the Colorado uninsured employer fund.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1697, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-104 - Exclusions

(1)
The following persons may not recover compensation or other benefits from the fund:
(a)
A partner in a partnership or an owner of a sole proprietorship;
(b)
A director or officer of a corporation;
(c)
A member or manager of a limited liability company;
(d)
An individual who was responsible for obtaining and maintaining the employer's workers' compensation insurance coverage and who failed to do so;
(e)
An individual who was eligible to be covered under a workers' compensation insurance policy and voluntarily rejected the coverage under section
8-41-202
,
8-41-404(4)(a)(V)
, or
8-41-404(4)(a)(VI)
;
(f)
An individual who is not an "employee" as defined in sections
8-40-202
and
8-40-301
or who is otherwise ineligible to receive benefits under articles
40
to
47
of this title 8.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1698, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-105 - Colorado uninsured employer fund

(1)
The Colorado uninsured employer fund is hereby created in the state treasury. A board of directors established under section
8-67-106
shall administer the fund under a plan of operation established under section
8-67-108
.
(2)
(a)
The money collected for the fund pursuant to articles
40
to
47
of this title 8 shall be transmitted to the state treasurer, who shall credit the money to the fund. The money credited to the fund and all interest earned thereon are hereby continuously appropriated for the payment of the direct costs of administering the program, including benefits paid pursuant to this article 67 and payments to third parties retained pursuant to this article 67.
(b)
The internal staffing costs, not including payments to third parties contracted by the board, associated with uninsured employer programs shall be paid out of the workers' compensation cash fund in accordance with appropriations made pursuant to section
8-44-112(7)
.
(c)
The fund consists of:
(I)
Civil penalties, fines, and other revenue collected by the division and specifically allocated to the fund pursuant to articles
40
to
47
of this title 8;
(II)
Any public or private gifts, grants, or donations to the fund received by the department;
(III)
Any appropriations made to the fund; and
(IV)
Earned interest, which the state treasurer shall deposit in the fund.
(d)
The department may use revenues in the fund for benefits to be paid out of the fund pursuant to this article 67 as well as administrative costs of the board.
(e)
The money in the fund:
(I)
Shall remain in the fund and not be credited or transferred to the general fund at the end of any fiscal year;
(II)
Is exempt from section
24-75-402
; and
(III)
Is not subject to annual appropriation by the general assembly.
(3)
No later than June 1, 2022, the state auditor shall conduct or cause to be conducted a performance audit of the Colorado uninsured employer fund.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1698, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-106 - Creation of board

(1)
There is hereby created in the division the uninsured employer board, consisting of the director of the division or the director's representative and four members appointed by the governor and confirmed by the senate. Appointed members of the board must include at least one individual to represent each of the following:
(a)
Employers;
(b)
Labor organizations;
(c)
Insurers; and
(d)
Attorney representatives of injured workers.
(2)
The board shall exercise its powers and perform its functions under the department and the director as if the board were transferred to the department by a
type 2
transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article
1
of title
24
.
(3)
The appointed members of the board shall serve for terms of three years and may be reappointed; except that, of the members first appointed, one shall serve for an initial term of three years, two shall serve for initial terms of two years, and one shall serve for an initial term of one year. A member may serve no more than three consecutive terms.
(4)
Members of the board are not entitled to compensation for their services but shall be reimbursed for actual and necessary traveling and expenses incurred in the performance of their official duties as members of the board.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1699, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-107 - Powers of the board - rules

(1)
The board has the following powers and duties:
(a)
To establish standards and criteria for payment of benefits from the fund;
(b)
To set minimum and maximum benefit rates; except that benefits paid by the fund shall not exceed the maximum allowed under articles
40
to
47
of this title 8 or set forth by order of the director. Minimum benefit rates shall be at the level required by articles
40
to
47
of this title 8 unless the fund lacks sufficient money as determined by the board. If benefits are paid below the amount mandated by articles
40
to
47
of this title 8, benefits shall be prioritized and paid as follows:
(I)
Medical benefits;
(II)
Funeral benefits;
(III)
Temporary disability;
(IV)
Death benefits;
(V)
Permanent total disability;
(VI)
Permanent partial disability;
(VII)
Disfigurement.
(c)
To adjust claims, which may be performed by contracting with any appropriate entities designated as third-party administrators. Designation of a third-party administrator is subject to the approval of the director.
(d)
To pay the expenses of the board as authorized by this section;
(e)
To disseminate information regarding the fund;
(f)
To adopt rules as necessary to carry out the purposes of this article 67, including rules regarding admission to the fund and payment of benefits in order to ensure the financial stability of the fund;
(g)
To investigate claims brought for benefits and to adjust, compromise, settle, and pay covered claims to the extent permitted by statute and rule; to deny payment of benefits from the fund of all other claims and to review settlements, releases, and final orders to which the uninsured employer and injured worker were parties; and to determine the extent to which such settlements, releases, and orders may effect eligibility for benefits.
(2)
The board may:
(a)
Employ or retain persons as necessary to handle claims and perform other duties of the board;
(b)
Intervene as a party before any court or administrative tribunal in this state that has jurisdiction over an uninsured employer or other party potentially responsible for payment of benefits;
(c)
Negotiate and become a party to contracts as necessary to carry out the purposes of this article 67;
(d)
Perform other acts necessary or proper to effectuate the purposes of this article 67;
(e)
Purchase or otherwise obtain insurance and reinsurance policies to limit the liability of the fund for payment of benefits under this article 67; and
(f)
Deny entry to the fund or payment of benefits if the underlying claim appears to be premised on fraudulent activity.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1700, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-108 - Plan of operation - rules

(1)
The board shall, by rule, adopt a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the fund.
(2)
If the board fails to adopt a plan of operation on or before September 1, 2018, the director shall, after notice and hearing, adopt and promulgate reasonable rules as necessary or advisable to effectuate this article 67. The rules shall continue in force until modified or superseded by the board.
(3)
The plan of operation shall:
(a)
Establish the procedures by which all the powers and duties of the board under section
8-67-107
will be performed;
(b)
Establish the amount and method of reimbursing members of the board under section
8-67-106(4)
;
(c)
Establish procedures by which claims may be filed with the board, including establishing acceptable forms of proof of covered claims;
(d)
Establish procedures for pursuing actions against uninsured employers pursuant to section
8-67-110
;
(e)
Establish regular places and times for meetings of the board;
(f)
Establish procedures for maintaining records of all financial transactions of the board;
(g)
Contain additional provisions necessary or proper for the execution of the powers and duties of the board; and
(h)
Establish procedures for contracting with third-party administrators to administer claims paid by the fund.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1701, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-110 - Collection of benefit reimbursements

(1)
The board shall institute practices and procedures as it deems necessary to collect any money due the fund in the form of reimbursement for benefits paid from the fund to an injured worker.
(2)
Repealed.
(3)
If, after due notice, an employer defaults in the repayment of any benefits paid by the fund to an injured worker on that employer's behalf, the board may seek collection from the employer by instituting a civil action, which shall include the right of attachment in the name of the fund. Court costs shall not be charged to the board, but any employer against whom judgment is taken shall be charged with all costs of the action. All costs collected by the fund shall be paid into the registry of the court.
(4)
The board may employ counsel and other personnel necessary to collect reimbursements as described in this section.
Amended by 2021 Ch. 12,§ 5, eff. 3/21/2021.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 1703, p. 1703, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-111 - Payment of benefits

(1)
Benefits paid under this article 67 are treated as benefits paid by an insurer or self-insured employer under articles
40
to
47
of this title 8.
(2)
A person having a single claim against multiple employers is not entitled to receive benefits unless each of the liable employers is uninsured.
(3)
When paying benefits, the board is entitled to claim any reduction of benefits, to claim overpayments, or to make any other adjustments allowed under articles
40
to
47
of this title 8.
(4)
Benefits awarded under this article 67 must be reduced by any benefits paid by the uninsured employer.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1704, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-112 - Medical benefits

(1)
Medical benefits paid under this article 67 are treated as benefits paid by an insurer or self-insured employer under articles
40
to
47
of this title 8.
(2)
Upon acceptance of a claim for benefits from the fund, the board may designate a new authorized treating physician. Application to the fund shall be deemed as acceptance by the injured worker of the new designated physician if the designation is made. The previously authorized treating physician providing primary care shall continue as the authorized treating physician providing primary care for the injured employee until the injured employee's initial visit with the newly authorized treating physician, at which time the treatment relationship with the previously authorized treating physician providing primary care is terminated.
(3)
Notwithstanding articles
40
to
47
of this title 8, the board is permitted to negotiate rates of reimbursement for medical providers.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1704, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › MEDICAL INSURANCE PROVISIONS (§§ 8-65-101 — 8-67-113) › Article 67 - COLORADO UNINSURED EMPLOYER ACT (§§ 8-67-101 — 8-67-113) › Section 8-67-113 - Procedure

(1)
A controversy concerning any issue arising under this section shall be resolved through hearings in accordance with sections
8-43-207
and
8-43-207.5
. In any such hearing, a decision of the board to deny benefits may only be set aside upon a showing of abuse of discretion.
(2)
The division shall notify the board of any claim determined or suspected to be uninsured, either at the time of filing or otherwise. Upon the notification, the board is permitted to join the claim as a party upon written notice to all other parties.
(3)
A hearing must not proceed on the issue of lack of coverage without the board having been notified and provided an opportunity to join the claim as a party.
(4)
The board, its agents, or employees have no liability for any action taken against them for the performance of their duties under this article 67.
Added by 2017 Ch. 317,§ 1, eff. 7/1/2017.
L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1705, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-101 - Short title

Articles
70
to
82
of this title shall be known and may be cited as the "Colorado Employment Security Act".
L. 36, 3rd Ex. Sess.: p. 13, § 1. CSA: C. 167A, § 1. L. 41: p. 761, § 1. CRS 53: § 82-1-1. C.R.S. 1963: § 82-1-1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-102 - Legislative declaration

As a guide to the interpretation and application of this article, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the general assembly to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The general assembly, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
L. 36, 3rd Ex. Sess.: p. 13, § 2. CSA: C. 167A, § 2. L. 41: p. 761, § 2. CRS 53: § 82-1-2. C.R.S. 1963: § 82-1-2.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-104 - [Repealed]

L. 39: p. 583, § 14. CSA: C. 167A, § 21. L. 41: p. 809, § 20. L. 43: p. 611, § 12. L. 45: p. 715, § 9. L. 47: p. 889, § 5. L. 49: pp. 730, 731, §§ 12, 13. L. 51: p. 823, § 20. L. 53: p. 632, § 8. CRS 53: § 82-1-4. C.R.S. 1963: § 82-1-4. L. 67: p. 327, § 1. L. 75: Entire section repealed, p. 206, § 6, effective July 16.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-105 - Banks as instrumentalities of United States

(1)
For all purposes of articles
70
to
82
of this title and in conformity with federal laws, national banks doing business in Colorado and state bank members of the federal reserve system shall be deemed and held to be instrumentalities of the United States, as referred to in articles
70
to
82
of this title.
(2)
Banks doing a commercial banking business in Colorado and maintaining an account with the federal reserve bank or with a member of the federal reserve system, for the purposes of articles
70
to
82
of this title, shall not be deemed to be instrumentalities of the United States.
L. 41: p. 287, §§ 1, 2. CSA: C. 167A, § 23. CRS 53: § 82-1-5. C.R.S. 1963: § 82-1-5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-106 - No vested rights or immunities

The general assembly reserves the right to extend the time of operation, amend, or repeal all or any part of articles
70
to
74
and
76
to
81
of this title at any time; and there shall be no vested private right of any kind against such extension, amendment, or repeal. All the rights, privileges, or immunities conferred by said articles or by acts done pursuant thereto shall exist subject to the power of the general assembly to amend or repeal said articles at any time.
L. 56: Ex. Sess., p. 26, § 1. CRS 53: § 82-1-6. C.R.S. 1963: § 82-1-6.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-107 - Disposition of funds in event of unconstitutionality

(1)
Articles
70
to
74
and
76
to
81
of this title are enacted for the purpose of participating in the advantages available to the state of Colorado under the federal "Social Security Act", as amended. In the event that Title IX of the federal "Social Security Act" or any amendments to the federal act are amended or repealed by congress or are held unconstitutional by the supreme court of the United States, with the result that no portion of the premiums required under articles
70
to
74
and
76
to
81
of this title may be credited against the tax imposed by Title IX of the federal "Social Security Act", the division shall requisition from the unemployment trust fund all moneys in the trust fund standing to the credit of the state of Colorado, and such moneys, together with any other moneys in the unemployment compensation fund, shall be refunded to the contributors proportionate to their unexpended balances in the fund.
(2)
In the event that the provisions of articles
70
to
74
and
76
to
81
of this title requiring the payment of premiums and benefits are held invalid under the constitution of this state by the supreme court of this state or the supreme court of the United States or are held invalid under the United States constitution by the supreme court of the United States or the supreme court of this state, the division shall requisition from the unemployment trust fund all moneys in the trust fund standing to the credit of the state of Colorado, and such moneys, together with any other moneys in the unemployment compensation fund, shall be held in custody by the state treasurer in the same manner as provided in section
8-77-105
until such time as the general assembly provides for the disposition of the moneys; except that the general assembly shall not dispose of the moneys other than for unemployment compensation purposes or for reimbursements to the contributors under the provisions of articles
70
to
74
and
76
to
81
of this title, proportionate to their unexpended balances in the fund.
L. 56: Ex. Sess., p. 26, § 2. CRS 53: § 82-1-7. C.R.S. 1963: § 82-1-7. L. 81: (3) amended, p. 490, § 2, effective July 1. L. 2009: Entire section amended, (HB 09-1363), ch. 363, p. 1878, §3, effective July 1.
For Title IX of the "Social Security Act", see 42 U.S.C. §§ 1101 to 1111.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-108 - Conformity with federal statutes

If any provisions contained in articles
70
to
82
of this title are determined to be in nonconformity with federal statutes, as determined by the United States secretary of labor or an assistant secretary of labor, the division, with the concurrence of the attorney general of the state of Colorado, is authorized to administer said articles so as to conform with the provisions of the federal statutes until such time as the general assembly meets in its next regular session and has an opportunity to amend said articles.
L. 77: Entire section added, p. 463, § 13, effective July 7. L. 81: Entire section amended, p. 482, § 2, effective July 1. L. 94: Entire section amended, p. 1627, § 19, effective May 31.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-110 - Benefits - classifications

(1)
Benefits are divided into classifications, as follows:
(a)
Regular benefits: Benefits payable to an individual under this article or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to chapter 85 of title 5 of the United States Code, other than extended benefits;
(b)
Extended benefits: Benefits payable to an individual under part 1 of article
75
of this title, including benefits payable to federal civilian employees and to former members of the armed forces pursuant to chapter 85 of title 5 of the United States Code, for weeks of unemployment in his or her eligibility period;
(c)
Additional benefits: Benefits payable to exhaustees, as defined in section
8-75-101(2)
, by reason of conditions of high unemployment or by reason of special factors under the provisions of any state law;
(d)
Benefits not effectively charged: Those regular benefits, including the state share of extended benefits, paid but not charged to any active employer account.
L. 90: Entire section added, p. 589, § 3, effective April 3. L. 2010: (1)(b) amended, (SB 10-028), ch. 397, p. 1891, §4, effective June 9.
For chapter 85 of title 5 of the United States Code, see 5 U.S.C. § 8501 et seq.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-111 - Benefit year - definitions

(1)
"Benefit year" means the period of fifty-two consecutive calendar weeks beginning with the first week of a claims series established by the filing of a valid initial claim; except that the benefit year shall be fifty-three weeks if filing a new valid claim would result in overlapping any quarter of the base year of a previously filed new claim.
(2)
As used in this section:
(a)
A "valid initial claim" means an application for the determination of benefit rights which includes the claimant's social security number and which establishes that the claimant has met the eligibility condition set forth in section
8-73-107(1)(e)
.
(b)
A calendar week shall be deemed to be entirely within that calendar quarter which contains the first day of such week.
L. 90: Entire section added, p. 589, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-112 - Claims - classifications

(1)
Claims are divided into classifications, as follows:
(a)
Initial claim, which establishes a benefit year and is valid as defined in section
8-70-111(2)(a)
; or
(b)
Additional claim, which reopens a claim series within an existing benefit year after a second or subsequent period of unemployment; or
(c)
Reopened claim, which reopens a claim within an existing benefit year when there has been no intervening employment since the last claim for a week of unemployment.
L. 90: Entire section added, p. 590, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-116 - Employment - location of services

(1)
"Employment" means an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:
(a)
The service is not covered under the unemployment compensation law of any other state, the Virgin Islands, or Canada; and
(b)
The place from which the service is directed or controlled is in Colorado.
L. 90: Entire section added, p. 592, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-117 - Employment - base of operations

"Employment" means that the entire service of an individual is performed within this state or both within and without this state if the service is localized in this state; or that the service is not localized in any state but some of the service is performed in this state and that the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in this state; or that the base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed but that the individual's residence is in this state. For purposes of this section, service shall be deemed to be localized within a state if the service is performed entirely within the state or if the service is performed both within and without the state but the service performed without the state is incidental to the individual's service within the state or, for example, is temporary or transitory in nature or consists of isolated transactions.
L. 90: Entire section added, p. 592, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-118 - Employment - nonprofit organizations

"Employment" means services performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational, or other organization which is excluded from the term "employment", as defined in the "Federal Unemployment Tax Act" solely by reason of section 3306 (c)(8) of that act, and which has had four or more individuals in employment for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or the preceding calendar year, regardless of whether they were employed at the same moment of time.
L. 90: Entire section added, p. 592, § 3, effective April 3.
See §
8-70-140
for services that are not included in the use of the term "employment" as used in this section.
For section 3306 of the "Federal Unemployment Tax Act", see 26 U.S.C. § 3306.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-119 - Employment - hospitals - institutions of higher education

"Employment" means services performed after December 31, 1971, by an individual in the employ of this state or any of its instrumentalities (or in the employ of this state and one or more other states or their instrumentalities) for a hospital or institution of higher education located in this state, if the service is excluded from the term "employment" as defined in the "Federal Unemployment Tax Act" solely by reason of section 3306 (c)(7) of that act, and means services performed after December 31, 1977, in the employ of this state or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing, and one or more other states or political subdivisions, if such service is excluded from the term "employment" as defined in the "Federal Unemployment Tax Act" by reason of section 3306 (c)(7) and is not excluded from employment under section
8-70-140
.
L. 90: Entire section added, p. 593, § 3, effective April 3.
See §
8-70-140
for additional services that are not included in the use of the term "employment" as used in this section.
For section 3306 of the "Federal Unemployment Tax Act", see 26 U.S.C. § 3306.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-121 - Employment - domestic services

"Employment" means domestic services performed after December 31, 1977, in a private home, local college club, or local chapter of a college fraternity or sorority for a person who paid cash remuneration of one thousand dollars or more after December 31, 1977, in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar quarter.
L. 90: Entire section added, p. 594, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-122 - Employment - American employer

(1)
"Employment" means services of an individual who is a citizen of the United States performed outside the United States (except in Canada) after December 31, 1971, in the employ of an American employer (other than service which is deemed employment under the provisions of section
8-70-117
or the parallel provisions of another state's law) if:
(a)
The employer's principal place of business in the United States is located in this state; or
(b)
The employer has no place of business in the United States but the employer is an individual who is a resident of this state; or the employer is a corporation which is organized under the laws of this state; or the employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(c)
None of the criteria of paragraphs (a) and (b) of this subsection (1) is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits based on the service, under the law of this state.
(2)
For purposes of this section:
(a)
An "American employer" means an individual person who is a resident of the United States; or a partnership if two-thirds or more of the partners are residents of the United States; or a trust if all of the trustees are residents of the United States; or a corporation organized under the laws of the United States or of any state.
(b)
"United States" includes the District of Columbia, the commonwealth of Puerto Rico, and the Virgin Islands.
L. 90: Entire section added, p. 594, § 3, effective April 3. L. 92: IP(1) amended, p. 1793, § 1, effective April 10.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-123 - Employment - vessels - aircraft

Notwithstanding section
8-70-117
, "employment" means services performed after December 31, 1971, by an officer or member of the crew of an American vessel or an American aircraft on or in connection with such vessel or aircraft, if the office from which the operations of such vessel or aircraft operating within or within and without the United States are ordinarily and regularly supervised, managed, directed, and controlled is within this state.
L. 90: Entire section added, p. 595, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-124 - Employment - credit - state unemployment fund

Notwithstanding any other provisions of sections
8-70-115
to
8-70-125
, "employment" means services with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for premiums required to be paid into a state unemployment fund or which, as a condition for full credit against the tax imposed by the "Federal Unemployment Tax Act", is required to be covered under articles
70
to
82
of this title.
L. 90: Entire section added, p. 595, § 3, effective April 3. L. 2009: Entire section amended, (HB 09-1363), ch. 363, p. 1881, §6, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-125 - Employment - educational institutions

With respect to weeks of unemployment which begin after December 31, 1977, "employment" means services performed in the employ of an educational institution, including an institution of higher education as defined in section
8-70-103(15)
, and the payment or denial of benefits based on such employment shall be subject to the conditions set forth in section
8-73-107(3)
.
L. 90: Entire section added, p. 595, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-125.5 - Employment - Indian tribes

(1)
"Employment" means service performed in the employ of an Indian tribe, as defined in section 3306 (u) of the "Federal Unemployment Tax Act",
26 U.S.C. sec. 3301
et seq. (FUTA), if such service is excluded from "employment", as defined in FUTA solely by reason of section 3306 (c)(7) of FUTA, and is not otherwise excluded from "employment" under the provisions of articles
70
to 82 of this title.
(2)
Benefits based on service in employment defined in this section shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to the provisions of articles 70 to
82
of this title.
L. 2001: Entire section added, p. 1547, § 2, effective 12/21/2000.
(1) The federal "Consolidated Appropriations Act, 2001", Pub.L. 106-554 , which became law on December 21, 2000, required all states to amend their laws regarding how Indian tribes are treated for unemployment insurance purposes. The 2001 act enacting this section provided for an effective date of December 21, 2000. (See L. 2001, p. 1550.)
(2) See §
8-70-140
for additional services that are not included in the use of the term "employment" as used in this section.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-125.7 - Employment - property tax work-off program participants

"Employment" includes services performed by participants in a property tax work-off program established pursuant to article
3.7
of title
39
, C.R.S.
L. 2010: Entire section added, (HB 10-1076), ch. 162, p. 567, §4, effective August 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-126 - Employment does not include - agricultural labor

"Employment" does not include services performed by an individual in agricultural labor, as defined in section
8-70-109
, except as provided in section
8-70-120
.
L. 90: Entire section added, p. 595, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-127 - Employment does not include - domestic service

Except as provided in section
8-70-121
, "employment" does not include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority.
L. 90: Entire section added, p. 595, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-128 - Employment does not include - employer's trade or business

(1)
"Employment" does not include casual labor not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for the service is fifty dollars or more and unless the service is performed by an individual who is regularly employed by the employer to perform such service. For purposes of this section, an individual is deemed to be regularly employed during a calendar quarter only if:
(a)
On at least twenty-four days during such calendar quarter, the individual performs services for the employer which are not in the course of the employer's trade or business; or
(b)
On at least twenty-four days during the previous calendar quarter, the individual performed services for the employer which were not in the course of the employer's trade or business.
L. 90: Entire section added, p. 595, § 3, effective April 3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-129 - Employment does not include - spouse - minor

"Employment" does not include services performed by an individual in the employ of his spouse and service performed by a child under the age of twenty-one in the employ of his father or mother.
L. 90: Entire section added, p. 596, § 3, effective April 3.