2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1128 - Optional survivor benefits

(1)
Notwithstanding the provisions of sections
31-30-1126
and
31-30-1127
relating to payment of annuities in the event of the death of a volunteer firefighter in active service, the board in any municipality, with the prior consent of the governing body of such municipality, fire protection district, or county improvement district having a volunteer fire department may provide to the active members of the volunteer fire department the option of having the survivor benefits offered by this section in lieu of the purchase of individual, group, or blanket life, endowment, or annuity or variable annuity insurance pursuant to section
31-30-1114(1)(a)(I) and (1)(a)(II)
and in lieu of the survivor benefits provided to active volunteer firefighters pursuant to sections
31-30-1126
and
31-30-1127
if the following conditions are met:
(a)
Sixty-five percent of the active and retired volunteer firefighters of the affected volunteer fire department consent in writing to the option provided by this section;
(b)
An actuarial review by an independent actuary indicates the option provided by this section is actuarially sound and will not impair the ability of pension funds to pay the annuities to a beneficiary or to pay pensions; and
(c)
If a municipality intends to provide the option provided by this section, the governing body of the municipality consents to the option.
(2)
The governing body of a municipality or the board of a fire protection district or county improvement district having a volunteer fire department that intends to provide the option provided by this section shall determine whether the survivor benefits are allowed only if the volunteer firefighter dies while on duty and shall determine the benefit amount equal to up to one hundred percent of the amount of the pension the volunteer firefighter would have been entitled to under this part 11 if the volunteer firefighter had retired immediately before the volunteer firefighter's death. If survivor benefits are provided pursuant to subsection (1) of this section to the members of a volunteer fire department and if a volunteer firefighter who is a member of such fire department dies on duty or, if authorized by the governing body or board, off duty, a spouse, dependent child, or dependent parent of the volunteer firefighter or, lacking such dependents, any other beneficiary who is a natural person and who has been designated by the volunteer firefighter shall receive a monthly annuity in the amount determined pursuant to this subsection (2).
(3)
If survivor benefits are provided pursuant to subsection (1) of this section, the board shall pay the annuity authorized by this section to the designated beneficiary or to the legal guardian of the designated beneficiary who is a child under the age of eighteen as follows:
(a)
Until the death of the beneficiary;
(b)
If the beneficiary is a child under the age of eighteen, until the death of the child or until the child is eighteen years of age;
(c)
If the beneficiary is a full-time student in an educational or vocational institution, until the beneficiary is twenty-three years of age;
(d)
If the beneficiary is the surviving spouse, until the surviving spouse remarries; or
(e)
Until the proceeds of the insurance policies provided in subsection (4) of this section and the accrued interest on such insurance proceeds are exhausted.
(4)
To pay the costs of the option provided pursuant to this section, the board shall insure members of the volunteer fire department by insurance policies of individual, group, or blanket life, endowment, or annuity insurance or variable annuity insurance. The pension fund must be the beneficiary of these insurance policies, and the proceeds of these insurance policies shall be paid to the board as an addition to the fund. Payment of the premiums on these policies shall be paid from the existing pension fund assets, from additional local contributions made to the existing pension fund for payment of the premiums, or both; except that, notwithstanding the provisions of section
31-30-1112
concerning the amount of state contributions to the pension fund, additional state contributions shall not be made to the existing pension fund assets for payment of the premiums on these policies or as a result of additional local contributions made to the existing pension fund for payment of the premiums.
(5)
If survivor benefits are provided pursuant to subsection (1) of this section and if a volunteer firefighter terminates active duty before retirement, the board may allow the firefighter to purchase any insurance policy that was purchased pursuant to subsection (4) of this section at a price equal to the cash value of the policy. If the firefighter does not purchase the policy, the board shall surrender the policy for its cash value. Moneys obtained by the board pursuant to this subsection (5) shall be deposited in the pension fund and used to pay the costs of the survivor benefits provided pursuant to this section.
(6)
The survivor benefits provided pursuant to subsection (1) of this section may be terminated at any time by either:
(a)
A vote to terminate by the governing body of the municipality or the board of the fire protection district or county improvement district having a volunteer fire department;
(b)
A vote to terminate approved by sixty-five percent of the members of the volunteer fire department.
L. 95: Entire part added, p. 1377, § 2, effective June 5.