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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-704 - Optional affiliation by social security employers

(1)
(a)
Prior to January 1, 2007, and notwithstanding the exemption provided in section
31-31-401 (1)(a)
, any employer that covers members under the federal "Social Security Act", as amended, or any county that covers salaried employees whose duties are directly involved with the provision of law enforcement or fire protection, as certified by the county under the federal "Social Security Act", as amended, may have elected affiliation with the association, either as to coverage under the statewide death and disability plan or as to retirement under the statewide defined benefit plan, or as to both, by filing with the board a resolution of the governing body of such employer, but any such affiliation shall either exclude past service credit or include past service credit funded by contribution levels established by the board.
(b)
On or about January 1, 2023, participation by members employed by social security employers who elected optional affiliation pursuant to subsection (1)(a) of this section shall be transferred to the statewide retirement plan pursuant to the merger described in section
31-31-412
.
(1.5) to (4)
(Deleted by amendment, L. 2012.)
(5)
Benefits provided pursuant to the statewide defined benefit and statewide death and disability plans established by this article to members of employers that have affiliated pursuant to this section prior to January 1, 2007, shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.
(6) to (10)
(Deleted by amendment, L. 2012.)
Amended by 2022 Ch. 61, § 10, eff. 1/1/2023.
L. 96: Entire article added with relocations, p. 924, § 1, effective May 23. L. 2003: (1) and (3) amended and (1.5) and (3.5) added, p. 1232, § 4, effective August 6. L. 2006: (2) amended and (9) and (10) added, p. 101, § 2, effective March 27. L. 2012: Entire section amended, (HB 12-1018), ch. 24, p. 62, § 1, effective August 8.
This section was formerly numbered as § 31-30-1003.5.
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the federal "Social Security Act", see 42 U.S.C. sec. 301 et seq. For the "Internal Revenue Code of 1986", see title 26 of the United States Code.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-704.6 - [Repealed]

Repealed by 2022 Ch. 61, § 21, eff. 1/1/2023.
Amended by 2015 Ch. 9, § 3, eff. 8/5/2015.
L. 2006: Entire section added, p. 102, § 3, effective March 27. L. 2015: (3) amended, (SB 15-027), ch. 9, p. 21, § 3, effective August 5.
For the "Internal Revenue Code of 1986", see title 26 of the United States Code.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-704.7 - [Repealed]

Repealed by 2022 Ch. 61, § 21, eff. 1/1/2023.
Amended by 2020 Ch. 105, § 8, eff. 9/14/2020.
Amended by 2015 Ch. 10, § 2, eff. 8/5/2015.
L. 2012: Entire section added, (HB 12 -1018), ch. 64, p. 64, § 3, effective August 8. L. 2015: Entire section amended, (SB 15 -028), ch. 24, p. 24, § 2, effective August 5. L. 2020: Entire section amended, (HB 20-1044), ch. 411, p. 411, § 8, effective September 14.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-706 - Affiliation by exempt defined benefit pension plans

(1)
At the request of any local employer having an exempt defined benefit pension plan, the board is authorized to make an agreement with the employer's governing body to manage such employer's exempt defined benefit pension plan fund for investment.
(2)
(a)
As an alternative to affiliation for investment management pursuant to subsection (1) of this section, at the request of any local employer having an exempt defined benefit pension plan, the board is authorized to make an agreement with the employer's governing body to incorporate the exempt defined benefit pension plan into the defined benefit system. The incorporation shall be under terms and conditions that are mutually agreeable to the employer's governing body and the board and as may be required to maintain the qualified status of the plan under the federal "Internal Revenue Code of 1986", as amended.
(b)
Prior to the implementation of an agreement of incorporation pursuant to paragraph (a) of this subsection (2), the board shall find that the incorporation is not projected to have an adverse actuarial impact on existing members of the defined benefit system. The board and the employer's governing body are authorized to take all actions necessary to accomplish the agreement and to maintain the qualified status of the formerly exempt defined benefit pension plan after incorporation into the defined benefit system. Notwithstanding any other requirement, an exempt defined benefit pension plan may be incorporated into the defined benefit system without the approval of the members of the exempt plan or the statewide plan.
(c)
The board may require that employees hired by the local employer with the formerly exempt defined benefit pension plan after the date of incorporation pursuant to this subsection (2) be members of the statewide retirement plan pursuant to article
31.5
of this title 31.
Amended by 2022 Ch. 61, § 12, eff. 1/1/2023.
L. 96: Entire article added with relocations, p. 926, § 1, effective May 23. L. 2005: Entire section amended, p. 309, § 1, effective April 14. L. 2006: (2)(a) and (2)(b) amended, p. 196, § 22, effective March 31.
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the "Internal Revenue Code of 1986", see title 26 of the United States Code.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-707 - Multiple plan employers

An employer with multiple plans may exercise its options of affiliation and withdrawal pursuant to this article on an individual plan basis.
L. 2001: Entire section added, p. 420, § 8, 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 7 - AFFILIATION OF PLANS WITH THE ASSOCIATION (§§ 31-31-701 — 31-31-708) › Section 31-31-708 - Optional affiliation by county sheriff

Any county that does not cover, under the federal "Social Security Act", as amended, salaried employees whose duties are directly involved with the provision of law enforcement or fire protection as certified by the county may elect coverage under the statewide retirement plan established in article
31.5
of this title 31 and the statewide death and disability plan established in part 8 of this article 31 by filing a resolution of affiliation with the board. Election of coverage under the plan is irrevocable. Such participation shall be as provided by rules adopted by the board. The board may determine a continuing rate of contribution for all members who are active on the effective date of coverage to fund benefits as may be necessary to ensure that the affiliating employers' coverage shall not have an adverse financial impact on the actuarial soundness of the plan.
Amended by 2022 Ch. 61, § 13, eff. 1/1/2023.
Amended by 2020 Ch. 105, § 9, eff. 9/14/2020.
Added by 2016 Ch. 65, § 1, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1038), ch. 65, p. 168, § 1, effective August 10.
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-801 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Assigned duties" means those specific tasks or jobs designated by the employer for a particular position within a job classification. The term does not include the duties of a member's rank or grade that the member is not actually required to regularly perform in the position which the member occupies.
(2)
"Dependent child" means an unmarried child under the age of twenty-three and includes, if the board so determines, any child, regardless of age or marital status, who is so mentally or physically incapacitated that the child cannot provide for the child's own care. The term also includes a child who is conceived but unborn at the date of the member's death or the date of disability, whichever applies. Any applicable increase in benefits will occur upon birth.
(3)
"Occupational disability" means a disability resulting in an incapacity to perform assigned duties and expected, with reasonable medical probability, to exist for at least one year.
(3.2)
"Permanent occupational disability" means an occupational disability caused by a condition that is permanent or degenerative, and for which there is no prognosis for improvement or recovery through surgical treatment, counseling, medication, therapy, or other means.
(3.4)
"Temporary occupational disability" means an occupational disability for which there is a prognosis for improvement or recovery through surgical treatment, counseling, medication, therapy, or other means.
(4)
"Total disability" means inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that may be expected to result in death or that has lasted or may be expected to last for a period of not less than twelve months.
L. 96: Entire article added with relocations, p. 926, § 1, effective May 23. L. 2001: (2) amended, p. 420, § 9, effective June 1. L. 2002: (1) amended and (3.2) and (3.4) added, p. 174, § 3, effective October 1. L. 2009: (2) amended, (SB 09-017), ch. 53, p. 188, §1, effective March 25.
This section was formerly numbered as § 31-30-1002 (1.5), (3), (6), and (7).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-803.5 - [Repealed]

L. 97: Entire section added, p. 197, § 3, effective August 6. L. 2001: (1)(c) amended, p. 423, § 11, effective June 1. L. 2009: Entire section repealed, (SB 09-017), ch. 53, p. 189, §3, effective March 25.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-804 - Reduction of disability benefits - definitions

(1)
(a)
(Deleted by amendment, L. 2009, (SB 09-017), ch. 191, p. 191, § 4, effective March 25, 2009.)
(b)
Any disability benefit provided pursuant to section
31-31-803
shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.
(c)
Any member receiving an occupational disability benefit pursuant to section
31-31-803
or
31-31-806.5
and a social security benefit attributable to the member's quarters of social security coverage derived from employment as a member shall file an annual report concerning any social security income. If such member knowingly fails to file such report or files a fraudulent report, the disability benefit shall be discontinued.
(2)
The benefits payable under section
31-31-803
or
31-31-806.5
to any member who is occupationally disabled prior to October 1, 2002, is permanently occupationally disabled, or who is totally disabled and who at the time of the award of such benefits is a member of a money purchase plan pursuant to this article 31 or article
30.5
of this title 31, including any department chief, who at the time of the award of such benefits has been exempted from the statewide retirement plan as permitted by section
31-31.5-203
, shall be reduced by an amount that is the actuarial equivalent of the benefits such member receives from any such money purchase plan, whether the benefits received from the money purchase plan are paid on a periodic basis or in a lump sum. No such reduction shall exceed the actuarial equivalent of money purchase plan benefits if such benefits had been funded at the same rate of contributions specified in section
31-31.5-301
.
Amended by 2022 Ch. 61, § 16, eff. 1/1/2023.
L. 96: Entire article added with relocations, p. 929, § 1, effective May 23; (1)(a), (1)(c), and (2) amended, p. 317, § 5, effective November 17. L. 2001: (1)(a) and (1)(c) amended, p. 423, § 12, effective June 1. L. 2002: (1)(a), (1)(c), and (2) amended, p. 179, § 5, effective October 1. L. 2007: (1)(a) amended, p. 270, § 2, effective March 29. L. 2009: (1) amended, (SB 09 -017), ch. 53, p. 191, § 4, effective March 25.
Provisions of this section were formerly numbered as § 31-30-1007(3) and (9).
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-806 - Disqualification upon reemployment

If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section
31-31-803
or
31-31-806.5
, but prior to a decision of the board that an occupational disability ceases to exist pursuant to section
31-31-805(2)
, a member is employed or reemployed in this state or any other jurisdiction, pursuant to either an agreement or court order, in a full-time salaried position that normally involves working at least one thousand six hundred hours in any given calendar year and the duties of which are directly involved with the provision of police or fire protection as determined by the board, the benefits provided pursuant to section
31-31-803
shall be discontinued. Any application for retirement for disability made by the member after such appointment or reinstatement shall be treated in all respects as a new application. The five-year limitation on investigations contained in section
31-31-803(4)(b)
shall not be applicable to the enforcement of this section.
L. 96: Entire article added with relocations, p. 932, § 1, effective May 23; entire section amended, p. 318, § 7, effective November 17. L. 2002: Entire section amended, p. 181, § 8, effective October 1.
This section was formerly numbered as § 31-30-1007 (3.5).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-806.5 - Disability benefits - on-duty

(1)
If the board determines that a member, who is otherwise eligible to apply for disability retirement benefits under section
31-31-803
, is required to terminate the member's regular employment due to a total disability, as defined in section
31-31-801(4)
, that is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment, the member is eligible for a disability benefit in an amount provided for in section
31-31-803(1)
.
(2)
If the board determines that a member who is otherwise eligible to apply for disability retirement benefits under section
31-31-803
is required to terminate the member's regular employment due to an occupational disability, a temporary occupational disability, or a permanent occupational disability that, regardless of the type of occupational disability, is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment, the member is eligible for a disability benefit in an amount provided for in section
31-31-803
.
(3)
The board shall promulgate rules that specify standards for determining whether a member's disability is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of employment and that establish procedures for making such determination.
(4)
(a)
The board shall promulgate rules that specify the method of reviewing existing disability retirement awards to determine whether a member's total disability or occupational disability is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment and that establish procedures for making such determination, including the appointment of hearing officers to conduct hearings.
(b)
The determinations made by the board pursuant to this subsection (4) shall be made solely on the basis of the medical evidence that was previously submitted in connection with the member's application for disability retirement benefits and other relevant evidence that is contemporaneous in time with the termination of the member's employment.
(c)
Any decision made by the board to change a member's existing disability retirement award to an on-duty disability retirement benefit under this section shall operate on a prospective basis from the date of the board's decision.
L. 96: Entire section added, p. 315, § 3, effective August 7. L. 97: (2) amended, p. 198, § 4, effective August 6. L. 2002: (2) amended, p. 181, § 9, effective October 1. L. 2009: (2) amended, (SB 09-017), ch. 53, p. 192, §6, effective March 25.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-808 - Reduction of survivor benefits

(1)
The benefits payable under sections
31-31-807
and
31-31-807.5
to the surviving spouse and dependent children of any member, who at the time of the member's death was a member of a money purchase plan established under this article or article
30.5
of this title 31, including any department chief, who at the time of the chief's death had been exempted from the statewide retirement plan as permitted by section
31-31.5-203
, shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the money purchase plan, whether the benefits received from the money purchase plan are paid on a periodic basis or in a lump sum. No such reduction shall exceed the actuarial equivalent of money purchase plan benefits if such benefits had been funded at the same rate of contributions specified in section
31-31.5-301
.
(2)
The benefits payable under sections
31-31-807
and
31-31-807.5
to the surviving spouse and dependent children of any member who are also receiving payments from the member's separate retirement account pursuant to sections 31-31-412 (1)(c) and 31-31.5-304 (2) shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the separate retirement account, whether the benefits received from the account are paid on a periodic basis or in a lump sum.
(3)
The benefits payable under sections
31-31-807
and
31-31-807.5
to the surviving spouse and dependent children of any member who are also receiving payments from a statewide or local Colorado fire or police defined benefit pension plan shall be reduced by the amount of the defined benefit payments to be received.
Amended by 2024 Ch. 15,§ 10, eff. 3/6/2024.
Amended by 2022 Ch. 61, § 17, eff. 1/1/2023.
L. 96: Entire article added with relocations, p. 933, § 1, effective May 23; entire section amended, p. 1339, § 3, effective June 1. L. 98: Entire section amended, p. 62, § 4, effective 2/8/1999. L. 2002: (2) amended, p. 185, § 13, effective October 1. L. 2007: (3) added, p. 272, § 5, effective March 29. L. 2009: (3) amended, (SB 09 -017), ch. 53, p. 192, § 7, effective March 25. L. 2012: (2) amended, (HB 12-1018), ch. 24, p. 66, § 7, effective August 8.
This section was formerly numbered as § 31-30-1008(4).
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-809 - Termination of benefits

Except as otherwise provided in section
31-31-807 (2)
, any benefit provided in accordance with this part 8 to a surviving spouse shall terminate upon the death of the surviving spouse. Any benefit provided in accordance with section
31-31-803 (2)
to a surviving spouse of a member who was occupationally disabled shall terminate upon the remarriage of the surviving spouse. Except as otherwise provided in section
31-31-807 (2)
, any benefit provided in accordance with this part 8 to a dependent child shall terminate upon the death of the dependent child or the termination of dependency of the dependent child.
L. 96: Entire article added with relocations, p. 934, § 1, effective May 23. L. 99: Entire section amended, p. 375, § 1, effective 1/1/2000. L. 2001: Entire section amended, p. 426, § 15, effective June 1. L. 2007: Entire section amended, p. 272, § 6, effective March 29. L. 2009: Entire section amended, (SB 09 -017), ch. 53, p. 192, § 8, effective March 25.
This section was formerly numbered as § 31-30-1009.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-812 - Military leave of absence

(1)
Authorized leave of absence shall include leave for military service as allowed by the board. The board shall adopt rules regarding authorized leave of absence for military service, including, but not limited to:
(a)
Limits on the length of the term of the leave of absence;
(b)
Assessment of costs for coverage during the leave of absence; and
(c)
Any other matter that the board deems necessary for coverage under the statewide death and disability plan.
(2)
The benefits payable to the member, the surviving spouse of the member, and the dependent children of the member pursuant to this part 8 shall be reduced by an amount that is the actuarial equivalent of any military benefit received as a result of the death or disability of a member while on authorized leave for military service whether the benefits are paid on a periodic basis or in a lump sum.
L. 2002: Entire section added, p. 185, § 14, effective October 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-813 - Statewide death and disability trust fund - created

(1)
There is hereby created a disability and death benefits trust fund into which contributions for death and disability benefits, including state contributions made pursuant to section
31-31-811
, shall be deposited. The benefits provided by this part 8, together with the expenses of administering said part, shall be paid from the fund.
(2)
The assets of the disability and death benefits trust fund shall be invested in the fire and police members' benefit investment fund.
L. 2006: Entire section added, p. 197, § 24, effective March 31.
For the fire and police members' investment fund, see part 3 of this article.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-814 - Suspension and termination of benefits for noncompliance

If a member refuses to submit to a medical examination required by the fire and police pension association and authorized by this part 8, fails to provide information necessary for the association to assess eligibility or continuing eligibility for benefits, or obstructs the association from receiving such necessary information, all rights to collect or to begin or maintain any proceeding for the collection of benefits pursuant to this part 8 shall be suspended, and all rights to benefits that accrue and become payable during the period of such refusal or obstruction shall be barred. If the member continues to refuse to submit to the examination or to provide the additional information after direction by the board or its hearing officer or in any way obstructs the same, the board shall terminate the benefit.
L. 2008: Entire section added, p. 160, § 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 8 - DISABILITY AND SURVIVOR BENEFITS (§§ 31-31-801 — 31-31-815) › Section 31-31-815 - Amendment of plan provisions

The board may amend the provisions for disability and survivor benefits under this part 8 as it deems prudent and necessary to comply with state and federal law or as it deems necessary to efficiently administer the benefits under the plan.
L. 2012: Entire section added, (HB 12-1031), ch. 68, p. 237, § 4, 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 9 - SUPPLEMENTAL PROGRAMS (§§ 31-31-901 — 31-31-904) › Section 31-31-902 - Group health insurance plans

(1)
The board may enter into contracts with carriers to provide group health insurance plans for the following individuals if they are receiving a benefit from another plan administered by the association:
(a)
A retired member;
(b)
A retired volunteer firefighter;
(c)
A surviving spouse;
(d)
A dependent child; and
(e)
A recipient of a benefit from the fire and police members' deferred compensation fund created by section
31-31-901
.
(2)
The administration and management of the group health insurance plans shall be the exclusive responsibility of the respective carrier. The cost of the plan, coverage, and eligibility requirements shall be as negotiated in the contract between the association and the carrier.
(3)
The association shall pay no premium subsidy for group health insurance authorized to be offered by this section. Premiums shall be deducted from the monthly benefit payments of participating retired members or their beneficiaries.
(4)
For purposes of this section, the term "carrier" means a private insurance company holding a valid outstanding certificate of authority from the division of insurance or a nonprofit hospital service plan or a nonprofit medical service plan incorporated as a nonprofit corporation pursuant to article
40
of title
7
, C.R.S., or a health maintenance organization established pursuant to parts 1 and 4 of article
16
of title
10
, C.R.S.
L. 96: Entire article added with relocations, p. 938, § 1, effective May 23.
This section was formerly numbered as § 31-30-1005(7).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 9 - SUPPLEMENTAL PROGRAMS (§§ 31-31-901 — 31-31-904) › Section 31-31-903 - Group life insurance plans

(1)
(a)
The board may enter into contracts with carriers to provide group life insurance coverage to active members of paid pension plans administered by the association and, if they are receiving a benefit from another plan administered by the association, to the following individuals:
(I)
A retired member;
(II)
A retired volunteer firefighter;
(III)
A surviving spouse;
(IV)
A dependent child; and
(V)
An individual who is receiving a benefit from the fire and police members' deferred compensation fund created by section
31-31-901
.
(b)
For purposes of this section, "carrier" means a private insurance company holding a valid outstanding certificate of authority from the division of insurance.
(2)
The administration and management of the group life insurance plan shall be the exclusive responsibility of the carrier. The terms and conditions of coverage shall be as negotiated in the contract between the association and the carrier. The board may change the terms of or discontinue the coverage if the board determines that such action is in the best interests of the members. Participating members shall be notified sixty days prior to the effective date of any such change or discontinuance.
(3)
The association shall pay no premium subsidy for group life insurance authorized to be offered by this section. Premiums shall be deducted from the salaries of participating active members and submitted to the association with the employer's monthly contribution reports or shall be deducted from the monthly benefit payments of participating retired members or their beneficiaries. Participating members who receive neither salaries nor benefits may arrange alternative methods of premium payment with the association.
(4)
The named beneficiary shall be the beneficiary of life insurance obtained pursuant to the provisions of this section, unless the member or a court order names a different beneficiary for life insurance purposes. Life insurance obtained pursuant to the provisions of this section may be assigned by the member.
L. 96: Entire article added with relocations, p. 938, § 1, effective May 23.
This section was formerly numbered as § 31-30-1005(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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 9 - SUPPLEMENTAL PROGRAMS (§§ 31-31-901 — 31-31-904) › Section 31-31-904 - Statewide health-care defined benefit plan - definitions

(1)
The board may develop, maintain, and amend a statewide health-care defined benefit plan, including a plan document, that complies with the qualification requirements specified under the internal revenue code, as applicable to governmental plans. The purpose of such plan shall be to provide a defined benefit to assist in paying for the costs of health care for each retired eligible member.
(2)
The board may conduct an election of all eligible members for the purpose of determining whether the eligible members want to participate in the statewide health-care defined benefit plan created pursuant to subsection (1) of this section. If sixty-five percent of all eligible members vote in favor of participating in the plan, all eligible members shall be required to participate in such plan, except as provided in subsection (3) of this section.
(3)
The board shall certify the results of the election held pursuant to subsection (2) of this section, including the vote total for the eligible members of each employer. The board shall mail a copy of the certification to each employer within ten days after the certification. If less than a majority of an employer's eligible members vote in favor of participating in the statewide health-care defined benefit plan, the employer, on behalf of its eligible members, may elect not to participate in the plan. Such election by the employer must be made within ninety days after the certification of the election results by the board.
(4)
Contributions to the statewide health-care defined benefit plan shall be the responsibility of the eligible members, unless an eligible member's employer elects to pay all or a portion of his or her contribution. All of the contributions shall be credited to the defined benefit system trust fund.
(5)
The board shall administer the statewide health-care defined benefit plan on an actuarially sound basis. Neither the state nor any employer shall be liable for any unfunded accrued liability of the plan.
(6)
As used in this section, unless the context otherwise requires:
(a)
"Eligible member" means each member who participates in a statewide retirement plan administered by the board pursuant to this title.
(b)
"Internal revenue code" shall have the same meaning as provided in section
31-31-204(3)
.
L. 2003: Entire section added, p. 744, § 2, effective August 6. L. 2006: (4) and (6)(b) amended, p. 199, § 26, effective March 31.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 10 - POLICE OFFICERS' AND FIREFIGHTERS' PENSION REFORM COMMISSION (§§ 31-31-1001 — 31-31-1002) › Section 31-31-1001 - [Repealed]

Repealed by 2018 Ch. 370,§29, eff. 6/4/2018.
Renumbered as C.R.S. §
24-51.1-101
by 2018 Ch. 370,§27, eff. 6/4/2018.
(1) This section was formerly numbered as §
31-30-901
.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2011. (See L. 2010, p. 1763.)
(3) This section was relocated to §
24-51.1-101
.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 10 - POLICE OFFICERS' AND FIREFIGHTERS' PENSION REFORM COMMISSION (§§ 31-31-1001 — 31-31-1002) › Section 31-31-1002 - [Repealed]

Repealed by 2018 Ch. 370,§30, eff. 6/4/2018.
L. 2015: Entire section added, (SB 15-029), ch. 285, p. 1168, § 1, effective June 5. L. 2018: Entire section repealed, (SB 18-200), ch. 370, p. 2264, § 30, effective June 4.
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 11 - ALTERNATIVES FOR MONEY PURCHASE PLAN MEMBERS (§§ 31-31-1101 — 31-31-1104) › Section 31-31-1102 - [Repealed]

Repealed by 2022 Ch. 61, § 21, eff. 1/1/2023.
Amended by 2017 Ch. 23, § 7, eff. 3/8/2017.
Amended by 2015 Ch. 9, § 6, eff. 8/5/2015.
L. 2003: Entire part added, p. 737, § 1, effective August 6. L. 2006: (1), (2), (3), and (4)(a) amended, p. 199, § 27, effective March 31. L. 2007: (4)(a) amended, p. 275, § 4, effective August 3. L. 2012: (5) amended, (HB 12-1031), ch. 68, p. 237, § 5, effective August 8. L. 2015: (4)(a) amended, (SB 15-027), ch. 9, p. 22, § 6, effective August 5. L. 2017: IP(4)(b)(I) and (4)(b)(I)(B) amended, (SB 17-020), ch. 23, p. 71, § 7, effective March 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 11 - ALTERNATIVES FOR MONEY PURCHASE PLAN MEMBERS (§§ 31-31-1101 — 31-31-1104) › Section 31-31-1103 - [Repealed]

Repealed by 2018 Ch. 5,§3, eff. 8/8/2018.
Amended by 2017 Ch. 23,§8, eff. 3/8/2017.
L. 2003: Entire part added, p. 739, § 1, effective August 6. L. 2006: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e)(III), and (1)(f)(I) amended and (1)(c.5) added, p. 304, § 2, effective August 7. L. 2017: (1)(c) and (1)(c.5)(I) amended, (SB 17-020), ch. 23, p. 71, § 8, effective March 8. L. 2018: Entire section repealed, (HB 18-1031), ch. 5, p. 36, § 3 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 11 - ALTERNATIVES FOR MONEY PURCHASE PLAN MEMBERS (§§ 31-31-1101 — 31-31-1104) › Section 31-31-1104 - Merger into the statewide retirement plan

(1)
(a)
On or about January 1, 2023, the assets and liabilities of the statewide hybrid plan shall merge into the statewide retirement plan created pursuant to article
31.5
of this title 31.
(b)
The statewide hybrid plan members defined benefit account assets shall be transferred to the lifetime benefits account created pursuant to part 1 of article
31.5
of this title 31.
(c)
The statewide hybrid plan aggregate money purchase accounts assets shall be transferred to the money purchase account created in part 1 of article
31.5
of this title 31.
(d)
Deferred retirement option plan account assets of the statewide hybrid plan shall be transferred to the money purchase account created in part 1 of article
31.5
of this title 31.
(2)
All remaining defined benefits and other obligations of the statewide hybrid plan payable on and after January 1, 2023, shall be paid from lifetime benefits account of the statewide retirement plan. The money purchase obligations of the statewide hybrid plan shall be transferred to and be payable from the money purchase component of the statewide retirement plan. Said obligations shall be paid pursuant to the statutory provisions and rules adopted by the board regarding the statewide retirement plan pursuant to article
31.5
of this title 31.
(3)
Participation by all members, including retirees, in the statewide hybrid plan shall terminate upon the merger of the plans and said members shall begin participation in the hybrid component and the money purchase component of the statewide retirement plan. Accumulated service credit and length of service shall be aggregated between the plans. Retirees shall receive an adjustment to their benefits based on the actuarial funding of the plan upon merger as determined by the board.
(4)
Immediately after such transfer, the affected member's accrued benefits in the statewide retirement plan shall be at least as great as the member's accrued benefits immediately before the transfer.
(5)
The merger is intended to be consistent with the requirements under section 414 (l) of the federal "Internal Revenue Code of 1986", as amended, and shall not be considered a plan termination and shall not result in a distributable event.
Amended by 2023 Ch. 303,§ 74, eff. 8/7/2023.
Added by 2022 Ch. 61, § 20, eff. 8/10/2022.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 12 - ENSURING PROPER PAYMENTS (§§ 31-31-1201 — 31-31-1203) › Section 31-31-1201 - Review of award of benefits and benefit payments

(1)
At any time, the board may review an award of benefits or a benefit payment under any benefit plan in the defined benefit system, the statewide money purchase plan, or the statewide death and disability plan for the purpose of determining whether there has been fraud, an overpayment, an error, or a mistake.
(2)
At any time, the board may review a benefit payment under any benefit plan or compensation plan other than the plans identified in subsection (1) of this section that the board administers for the purpose of determining whether there has been an overpayment, an error, or a mistake.
(3)
Based upon a preponderance of the evidence from the review authorized by this section, the board:
(a)
May determine that a benefit payment be terminated, diminished, maintained, or increased;
(b)
May order a member or beneficiary to repay any overpayments made on or after five years prior to the date of the first notice of overpayment issued by the fire and police pension association; or
(c)
Shall order the termination of benefits and the repayment of any past benefits paid to a member or beneficiary where the board finds that the benefits were granted based on false representations or a willful failure to disclose a material fact.
(4)
The board shall adopt rules establishing procedures for the review of benefits and payments. The board may delegate the review pursuant to the rules. Any rules established by the board shall provide that a member or beneficiary shall have the opportunity to appeal any adverse action to the board for a final determination.
(5)
Any appeal of a final determination by the board shall be in accordance with rule 106 (a)(4) of the Colorado rules of civil procedure.
L. 2008: Entire part added, p. 160, § 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 12 - ENSURING PROPER PAYMENTS (§§ 31-31-1201 — 31-31-1203) › Section 31-31-1202 - Collection of overpaid benefits

(1)
The board shall institute practices and procedures as it deems necessary to collect money due a plan administered by the fire and police pension association as determined in section
31-31-1201
, including but not limited to withholding subsequent benefit payments to which the member or beneficiary is or becomes entitled, applying the amount withheld as an offset against the amount due, and referring an account to a collection agency or attorney for collection. If, after due notice, any member or beneficiary defaults in any repayment of overpaid benefits, the amount due may be collected by civil action, which shall include the right of attachment in the name of the association. The board may allow installment payments of amounts due based on equitable considerations.
(2)
Reasonable fees for collection, including attorney fees, as determined by the fire and police pension association, shall be added to the amount of debt. The debtor shall be liable for repayment of the total of the amount outstanding plus the collection fee.
(3)
A certified copy of any final determination of the board ordering the repayment of overpayments pursuant to this article may be filed with the clerk of the district court of any judicial district in this state at any time after the period provided for appeal or seeking review of the order has passed without appeal or review being sought or, if appeal or review is sought, after the order has been finally affirmed and all appellate remedies and all opportunities for review have been exhausted. The fire and police pension association shall at the same time file a certificate to the effect that the time for appeal or review has passed without appeal or review being undertaken or that the order has been finally affirmed with all appellate remedies and all opportunities for review having been exhausted. The clerk of the district court shall record the order and the association's certificate in the judgment book of said court and entry thereof made in the judgment docket, and it shall thereafter have all the effect of a judgment of the district court, and execution may issue thereon out of said court as in other cases. Any such order may be filed by and in the name of the association.
L. 2008: Entire part added, p. 161, § 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 31 - FIRE - POLICE - NEW HIRE PENSION PLANS (§§ 31-31-101 — 31-31-1203) › Part 12 - ENSURING PROPER PAYMENTS (§§ 31-31-1201 — 31-31-1203) › Section 31-31-1203 - False statement - felony

If, for the purpose of obtaining any order, benefit, award, compensation, or payment pursuant to articles 30, 30.5, and 31 of this title 31, either for self-gain or for the benefit of any other person, a person willfully makes a false statement or representation material to the claim, the person commits a class 6 felony and, upon conviction thereof, shall be punished as provided in section
18-1.3-401
, and the person forfeits all right to compensation pursuant to articles 30 and 30.5 of this title 31 and this article 31.
Amended by 2023 Ch. 298,§ 64, eff. 10/1/2023.
L. 2008: Entire part added, p. 162, § 2, effective August 5.L. 2023:Entire section amended,(HB 23-1293), ch. 298, p. 1796, § 64, effective October 1.