2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 5 - PEACE OFFICERS AND FIREFIGHTERS (§§ 29-5-101 — 29-5-605) › Part 4 - VOLUNTARY FIREFIGHTER CANCER BENEFITS PROGRAM (§§ 29-5-401 — 29-5-405) › Section 29-5-403 - Required benefits - conditions of receiving benefits

(1)
An employer shall participate in and make contributions to a multiple employer health trust as set forth in section
10-3-903.5 (7)(b)(I)
, established for the purposes of this part 4. The contribution levels, if any, and award level definitions will be set by the trust. If at any time the funding provided is insufficient to cover the cost of the program required by this section, then participation in the program is optional pursuant to section 29-1-304.5.
(2)
A multiple employer health trust that is established to provide a firefighter cancer benefits program shall provide the minimum benefits specified in subsection (3) of this section to covered individuals diagnosed with cancer, based on the award level of the cancer at the time of diagnosis, after the employer becomes a participant.
(3)
Award levels will be established by the trust based on the category and stage of the cancer as follows:
(a)
Award level zero, one hundred dollars up to two thousand dollars;
(b)
Award level one, four thousand dollars, which shall be paid in addition to the amounts paid for an award level two or higher diagnosis;
(c)
Award level two, five thousand dollars;
(d)
Award level three, fifteen thousand dollars;
(e)
Award level four, twenty-two thousand five hundred dollars;
(f)
Award level five, twenty-eight thousand one hundred twenty-five dollars;
(g)
Award level six, thirty-seven thousand five hundred dollars;
(h)
Award level seven, sixty-five thousand six hundred twenty-five dollars;
(i)
Award level eight, eighty-four thousand three hundred seventy-five dollars;
(j)
Award level nine, one hundred sixty-eight thousand seven hundred fifty dollars; or
(k)
Award level ten, two hundred twenty-five thousand dollars.
(4)
In addition to an award pursuant to subsection (3) of this section:
(a)
A payment is made to the covered individual for the actual cost, up to twenty-five thousand dollars, for rehabilitative or vocational training employment services and educational training relating to the cancer diagnosis;
(b)
A payment is made to the covered individual of up to ten thousand dollars if a covered individual incurs cosmetic disfigurement costs resulting from cancer.
(5)
If the cancer is diagnosed as terminal cancer, the covered individual will receive a lump-sum payment of twenty-five thousand dollars as an accelerated payment toward the benefits due in subsection (3) of this section.
(6)
The covered individual is entitled to additional awards if the cancer increases in award level, but the amount of any award paid earlier for the same cancer will be subtracted from the new award.
(7)
If a covered individual dies while owed benefits pursuant to this section, the benefits will be paid to the surviving spouse or domestic partner, if any, at the time of death, and if there is no surviving spouse or domestic partner, any surviving children equally. If there is no surviving spouse, domestic partner, or child, the obligation of the trust to pay benefits will cease.
(8)
If a covered individual returns to the same position of employment after a cancer diagnosis, the covered individual is entitled to the benefits in this section for any subsequent new type of covered cancer diagnosis.
(9)
The maximum amount that may be paid to a covered individual for each cancer diagnosis is two hundred forty-nine thousand dollars.
(10)
Unless the offset provisions of section
8-42-103 (1)(h)
have already been taken, the benefits paid pursuant to this section must be offset by any payments made under the "Workers' Compensation Act of Colorado", articles
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, regardless of when the payments are made. The trust may determine how and when the offsets are implemented.
(11)
The benefits in this section are reduced by twenty-five percent if a covered individual used a tobacco product within the five years immediately preceding the cancer diagnosis.
(12)
(a)
In order for a covered individual to be eligible for the benefits in this section, prior to the diagnosis of cancer and no more than five years for a firefighter or hazardous materials trooper and no more than ten years for a volunteer firefighter or part-time firefighter after the firefighter, volunteer firefighter, or part-time firefighter became employed by an employer, the firefighter, hazardous materials trooper, volunteer firefighter, or part-time firefighter must have had a medical examination that would reasonably have found an illness or injury that could have caused the cancer and no illness or injury was found.
(b)
In addition to subsection (12)(a) of this section, in order for a covered individual to be eligible for the benefits in this section, the following conditions must be met:
(I)
The firefighter:
(A)
Has at least five years of continuous, full-time employment with an employer; and
(B)
Is diagnosed with cancer within ten years after ceasing employment as a firefighter; or
(I.5)
The hazardous materials trooper:
(A)
Has at least five years of continuous, full-time employment as a hazardous materials trooper; and
(B)
Is diagnosed with cancer within ten years after ceasing employment as a hazardous materials trooper; or
(II)
The volunteer firefighter:
(A)
Has at least ten years of active service, as used in section
31-30-1122
, and has maintained a minimum training participation in the fire department of thirty-six hours each year; and
(B)
Is diagnosed with cancer within ten years after ceasing employment as a volunteer firefighter; or
(III)
The part-time firefighter:
(A)
Has at least ten years of active service; and
(B)
Is diagnosed with cancer within ten years after ceasing employment as a part-time firefighter.
(c)
The trust shall develop a formula to allow the combining of volunteer, part-time, and full-time firefighter service to establish eligibility.
(d)
The claim for benefits must be filed no later than two years after the diagnosis of the cancer. The claim for each type of cancer needs to be filed only once to allow the trust to increase the award level pursuant to subsection (3) of this section.
(13)
For the purpose of employer policies and benefits, a cancer diagnosis is treated as an on-the-job injury or illness. This subsection (13) does not affect any determination as to whether the cancer is covered under the "Workers' Compensation Act of Colorado", articles
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.
Amended by 2024 Ch. 282,§ 3, eff. 5/29/2024.
Amended by 2023 Ch. 404,§ 7, eff. 8/7/2023.
Added by 2017 Ch. 187, § 1, eff. 5/3/2017.
L. 2017: Entire part added, (SB 17-214), ch. 187, p. 680, § 1, effective May 3.
2023 Ch. 404, was passed without a safety clause. See Colo. Const. art. V, § 1(3).