reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 2 - FIREFIGHTERS' CIVIL SERVICE (§§ 31-30-201 — 31-30-210) › Section 31-30-207 - Commission to make inquiries - record - report

(1)
It is the duty of the commission to investigate alleged breaches of this part 2 and its rules, and in the course of such investigations they, or any of them, may subpoena witnesses, administer oaths, and compel the testimony of witnesses and production of books, papers, and records relative to such inquiry, and it is the duty of such persons so subpoenaed to appear and testify and to produce such books, papers, and records as are called for in such subpoena. Should the person subpoenaed fail to appear and testify or produce documentary evidence, the commission may apply to the district court for an order compelling compliance with the subpoena. Failure to obey the order of the court shall be punishable as a contempt of court. The commission shall keep records of its proceedings and of all examinations held by it or under its authority. All records and documents filed by the commission shall be filed as public records. The minutes of the commission shall be kept in a separate book and shall be open to the public at all reasonable times.
(2)
The commission, on or before the December 1 preceding each regular session of the governing body, shall make a report to the governing body of its work during the preceding year and include therein all rules adopted and any suggestions for legislation to carry out the purposes of the civil service.
L. 75: Entire title R&RE, p. 1215, § 1, effective July 1.
This section is similar to former § 31-30-207 as it existed prior to 1975.
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 2 - FIREFIGHTERS' CIVIL SERVICE (§§ 31-30-201 — 31-30-210) › Section 31-30-208 - Fee of applicants

Every applicant for examination shall pay the commission a fee of one dollar for the purpose of defraying the expenses of conducting such examination. All moneys received or collected by the commission shall be paid into the municipal treasury and shall be placed by the treasurer in a separate fund to the credit of the commission for the use of said commission. No person shall be examined unless such fee has been paid.
L. 75: Entire title R&RE, p. 1215, § 1, effective July 1.
This section is similar to former § 31-30-208 as it existed prior to 1975.
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 2 - FIREFIGHTERS' CIVIL SERVICE (§§ 31-30-201 — 31-30-210) › Section 31-30-209 - Powers of commission

The commission has the power to make and enforce all rules and regulations, which rules and regulations shall be printed for distribution. No rule shall become effective until five days after publication of the same in some newspaper in said city or town.
L. 75: Entire title R&RE, p. 1216, § 1, effective July 1.
This section is similar to former § 31-30-209 as it existed prior to 1975.
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 2 - FIREFIGHTERS' CIVIL SERVICE (§§ 31-30-201 — 31-30-210) › Section 31-30-210 - Qualifications - notice of examination

Applicants for appointment must be citizens of the United States and reside in the city and county of such municipality for one year next preceding the date of their application. All examinations must be impartial and only relate to the fitness of such persons examined for the service they wish to enter. Questions must not relate to political or religious affiliation, and an appointment must not be affected in any manner by political or religious affiliation. Notice of time, place, and scope of such examination must be given in the notice published in said paper. A person whose standing is less than sixty-five percent of complete proficiency may not be certified to appointment. Preference must be given to persons honorably discharged from the naval or military service of the United States and to discharged LGBT veterans, as defined in section
28-5-100.3
, and whose qualifications are otherwise equal.
Amended by 2021 Ch. 42,§13, eff. 11/11/2021.
L. 75: Entire title R&RE, p. 1216, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-026), ch. 176, p. 176, § 13, effective November 11.
This section is similar to former § 31-30-210 as it existed prior to 1975.
2021 Ch. 42, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the short title ("Restoration of Honor Act") in SB 21-026, see section 1 of chapter 42, Session Laws of Colorado 2021.
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 3 - [Repealed] (§ 31-30-301) › Section 31-30-301 - to 31-30-325 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
(1) Prior to its repeal, this part 3 was similar to the former part 3 as it existed prior to 1975.
(2) This part 3 was numbered as article 49 of chapter 139, C.R.S. 1963.
For provisions relating to police pension plans, see article 30.5 of this title.
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 4 - [Repealed] (§ 31-30-401) › Section 31-30-401 - to 31-30-418 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
(1) Prior to its repeal, this part 4 was similar to the former part 4 as it existed prior to 1975.
(2) This part 4 was numbered as article 50 of chapter 139, C.R.S. 1963.
For provisions relating to firefighters' pension plans, see article 30.5 of this title.
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 5 - [Repealed] (§ 31-30-501) › Section 31-30-501 - to 31-30-523 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
(1) Prior to its repeal, this part 5 was similar to the former part 5 as it existed prior to 1975.
(2) This part 5 was numbered as article 80 of chapter 139, C.R.S. 1963.
For provisions relating to firefighters' pension plans, see article 30.5 of this title.
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 6 - [Repealed] (§ 31-30-601) › Section 31-30-601 - to 31-30-621 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
(1) Prior to its repeal, this part 6 was similar to the former part 6 as it existed prior to 1975.
(2) This part 6 was numbered as article 81 of chapter 139, C.R.S. 1963.
For provisions relating to police pension plans, see article 30.5 of this title.
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 7 - [Repealed] (§ 31-30-701) › Section 31-30-701 - and 31-30-702 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
(1) Prior to its repeal, this part 7 was similar to the former part 7 as it existed prior to 1975.
(2) This part 7 was numbered as article 82 of chapter 139, C.R.S. 1963.
For provisions relating to firefighters and police pension funds, see article 30.5 of this title.
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 8 - [Repealed] (§ 31-30-801) › Section 31-30-801 - to 31-30-806 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
This part 8 was added in 1978.
For current provisions relating to police and firefighters' pension plans, see articles 30.5 and 31 of this title.
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 9 - [Repealed] (§ 31-30-901) › Section 31-30-901 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
This part 9 was added in 1978.
For provisions relating to police and firefighters' pension plans, see article 30.5 of this title.
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 10 - [Repealed] (§ 31-30-1001) › Section 31-30-1001 - to 31-30-1019 - [Repealed]

L. 96: Entire part repealed, p. 943, § 10, effective May 23.
This part 10 was added in 1979.
For provisions relating to police and firefighters' pension plans, see article 30.5 of this title.
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 31-30-1101 - Short title

This part 11 shall be known and may be cited as the "Volunteer Firefighter Pension Act".
L. 95: Entire part added, p. 1364, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1103 - Board of trustees - fund

(1)
In any municipality or district that maintains a regularly organized volunteer fire department, there is created a board of trustees of the volunteer firefighter pension fund. The board:
(a)
Shall manage, use, and disburse moneys in the fund according to its rules and bylaws and this part 11;
(b)
Shall supervise and control the fund;
(c)
May take all necessary steps and pursue all necessary remedies to preserve the fund.
L. 95: Entire part added, p. 1365, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1104 - Board - municipality

(1)
In a municipality, the board must consist of the following members:
(a)
The mayor for a term equal to the mayor's tenure as mayor;
(b)
The municipal treasurer or finance officer for a term equal to the treasurer's or finance officer's tenure with the municipality;
(c)
Two other persons appointed by and for terms determined by the governing body of the municipality; and
(d)
(I)
Prior to August 6, 2014, three fire department members serving the municipality who are elected by the fire department members of those fire departments for three-year terms.
(II)
Beginning at the next election to elect a board member pursuant to this paragraph (d) after August 6, 2014, three individuals elected from one or more of the following groups to the extent such groups exist at the time of election: Fire department members, retired fire department members, or retired fire department members returned to active service pursuant to section
31-30-1132
. The three individuals shall be elected by the fire department members, retired fire department members, and retired fire department members returned to active service of those fire departments and shall serve for three-year terms as such terms exist on August 6, 2014. Nothing in this subparagraph (II) shall be construed to effect the term of any person serving on the board of a municipal volunteer firefighter pension board pursuant to subparagraph (I) of this paragraph (d) on August 6, 2014.
(2)
The board shall elect a president and secretary from its members. The municipal treasurer or finance officer shall serve as the ex officio treasurer of the board.
(3)
Repealed.
Amended by 2014 Ch. 24,§ 1, eff. 8/6/2014.
L. 95: Entire part added, p. 1365, § 2, effective June 5. L. 2014: (1)(d) amended and (3) repealed, (HB 14-1111), ch. 24, p. 156, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1105 - Board - fire protection district

(1)
In a fire protection district, the board must consist of the following members:
(a)
The board of directors of the fire protection district for terms equal to their tenure on the fire protection district board;
(b)
The treasurer of the board of the fire protection district who shall be treasurer of the fund for a term equal to the treasurer's tenure on the fire protection district board; and
(c)
(I)
Prior to August 15, 2010, two fire department members elected by the fire department members for two-year terms; except that, at the initial election, one member shall be elected for two years and one member for one year. In all subsequent elections, these members shall be elected for two years.
(II)
(A)
On and after August 15, 2010, two individuals elected from one or more of the following groups to the extent such groups exist at the time of election: Fire department members, retired fire department members, or retired fire department members returned to active service pursuant to section
31-30-1132
. All members in each group existing at the time of election shall be given the opportunity to vote for the two individuals. The two individuals shall serve for two-year terms; except that, at the initial election, one individual shall be elected for two years and one individual for one year. In all subsequent elections, these individuals shall be elected for two years.
(B)
Nothing in sub-subparagraph (A) of this subparagraph (II) shall be construed to limit the term of a board member elected pursuant to subparagraph (I) of this paragraph (c).
(2)
The board shall elect a president and secretary from its members.
(3)
The treasurer of the board shall obtain a bond paid from the fund in an amount determined by the board.
L. 95: Entire part added, p. 1365, § 2, effective June 5. L. 2010: (1)(c) amended, (SB 10-021), ch. 17, p. 80, §2, effective August 11.
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 31-30-1106 - Board - county improvement district

(1)
In a county improvement district, the board must consist of the following members:
(a)
One county commissioner of the county in which the district is located for a term equal to the commissioner's tenure as county commissioner;
(b)
The county treasurer for a term equal to the treasurer's tenure with the county;
(c)
Three residents of the county obligated to pay real or personal property taxes who are appointed by the county commissioners for staggered terms determined by the county commissioners; and
(d)
Two fire department members for two-year terms.
(2)
The treasurer of the fund shall obtain a bond paid from the fund in an amount determined by the board.
L. 95: Entire part added, p. 1366, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1107 - Board - consolidation or merger

(1)
If a municipality or district merges or consolidates with one or more municipalities or districts, the former trustees of the various volunteer firefighter pension funds of the consolidated or merged municipalities or districts shall:
(a)
Elect seven persons from their members, not more than three of whom are fire department members, to serve as trustees of the volunteer firefighter pension fund of the consolidated or merged fund with due regard to equal representation;
(b)
Cease to hold office if they are not elected under paragraph (a) of this subsection (1).
(2)
The trustees of the consolidated or merged fund shall elect from its members a president, secretary, and treasurer. The treasurer of the consolidated or merged district's fund shall obtain a bond paid from the fund in an amount determined by the board.
L. 95: Entire part added, p. 1366, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1108 - Board powers and duties

(1)
A board created by this part 11 to control a fund:
(a)
Shall adopt necessary rules that are not inconsistent with this part 11 for the management and discharge of its duties, for its own government and procedure, and for the preservation and protection of the fund;
(b)
Shall hear and decide each application for benefits under this part 11 in accordance with section
24-4-105
, C.R.S. Action on an application is final and conclusive; except that, if in the opinion of a board, justice demands reconsideration of the action, the board may reverse the action.
(c)
Shall keep and preserve a record of the action and all other matters properly before the board;
(d)
May make agreements with the fire and police pension association to administer the plan and manage the funds of the plan for investment in accordance with section
31-31-705
;
(e)
May consolidate its fund with the fund of another municipality or district and shall administer the consolidated funds as a single fund if in the opinion of the board the total moneys allocated to a fund by a municipality or district are inadequate to sustain a proper fund for retirement or for the other purposes of the fund under this part 11. The boards of these single funds may consolidate the funds under conditions and terms provided in an agreement consistent with this part 11.
Amended by 2014 Ch. 51,§ 1, eff. 3/20/2014.
L. 95: Entire part added, p. 1367, § 2, effective June 5. L. 2014: (1)(d) amended, (SB 14-024), ch. 51, p. 232, § 1, effective March 20.
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 31-30-1109 - Attorney representation

(1)
The attorney for a municipality or district shall:
(a)
When required by the board, advise the board on all matters pertaining to the board's duties and management of the fund;
(b)
Represent and defend the board in any suit or action at law or in equity brought against the board; and
(c)
Bring all suits and actions on the board's behalf as the board requires or requests.
(2)
If a conflict between a board and a municipality or district exists, the board may obtain an attorney to represent the board in any action described in this section at the board's expense.
L. 95: Entire part added, p. 1367, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1110 - Property tax - other tax revenue

(1)
The governing body of a municipality with a population of less than one hundred thousand, the board of directors of each fire protection district, the board of county commissioners, or the board of a county improvement district may levy and set apart a tax for each year of not more than one mill on the taxable property in the municipality, county, or district. The governing body or board shall contribute the proceeds of this tax, if any, to the municipality's, county's, or district's fund. The total tax levied under this section and section
31-30.5-403(1)
, if any, for a fire department that has both paid and volunteer firefighters must not exceed one mill on the taxable property in the municipality, county, or district. Any new tax or an increase in the mill levy under this section shall comply with the voter approval requirements under section 20 of article X of the state constitution.
(2)
The governing body of a municipality with a population of less than one hundred thousand, the board of directors of a fire protection district, the board of county commissioners, or the board of a county improvement district may contribute the proceeds of any other tax that the municipality, county, or district is authorized to collect to the municipality's, county's, or district's fund.
L. 95: Entire part added, p. 1367, § 2, effective June 5. L. 96: Entire section amended, p. 941, § 6, effective May 23. L. 2006: Entire section amended, p. 1422, § 2, effective June 1. L. 2007: Entire section amended, p. 316, § 2, effective April 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1111 - Contribution to fund

(1)
In addition to any tax revenues contributed under section
31-30-1110
, the fund also consists of any:
(a)
Moneys given to the board or fund by a person for the use and purpose for which the fund is created. The board may take any money, personal property, or real estate, or interest therein by gift, grant, devise, or bequest as trustees for the use and purpose for which the fund is created;
(b)
Moneys, fees, rewards, or emoluments of any nature and description that are paid or given to the fund; and
(c)
Moneys provided by the state under section
31-30-1112
.
(2)
Fund moneys are held in trust for the exclusive use and benefit of the fire department members and retired fire department members and their surviving spouses, dependent children, dependent parents, and other beneficiaries in accordance with this part 11.
L. 95: Entire part added, p. 1368, § 2, effective June 5. L. 2006: (2) amended, p. 179, § 1, effective March 31; IP(1) amended, p. 1423, § 3, effective June 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1113 - Fund investments

(1)
The board may invest all or any part of fund moneys in the name of the board's treasurer or in the name of a custodian or custodians appointed by the board under this section in interest-bearing obligations of the United States, in interest-bearing bonds of this state, in general obligation bonds of municipalities, whether organized under general law or article XX of the state constitution, or in any depository stated in section
24-75-603
, C.R.S., and secured as provided in articles
10.5
and
47
of title
11
, C.R.S. By written resolution, the board may appoint one or more persons to act as a custodian or custodians, in addition to the treasurer, to deposit or cause to be deposited all or part of the fund in any state or national bank or any state or federally chartered savings and loan association in this state. The appointed persons shall give surety bonds, and the board shall determine the bonds' amounts, form, and purposes. These securities and evidences of investment shall be deposited with the treasurer of the municipality or district.
(2)
Upon the board's direction, the treasurer of a municipality or district may invest part of the fund available for investment, with or without one or more other volunteer firefighter pension funds, in a noninsured trust pension plan with a bank or trust company authorized to exercise trust powers in this state as a trustee. The trustee's investment of fund moneys is governed by article
1.1
of title
15
, C.R.S.
(3)
Notwithstanding subsection (1) of this section, the board may invest all or any part of fund moneys in the name of the board's treasurer or in the name of a custodian or custodians appointed by the board under this section in one or more of the following:
(a)
Any public-private initiative with the department of transportation, as defined in section
43-1-1201(3)
, C.R.S.;
(b)
Bonds issued for turnpikes in accordance with part 2 of article
3
of title
43
, C.R.S.; or
(c)
Repealed.
(d)
Any other public-private initiative program for transportation system projects in Colorado authorized by law.
(4)
The board may give preference to the investments described in subsection (3) of this section if such investments are consistent with sound investment policy.
L. 95: Entire part added, p. 1370, § 2, effective June 5. L. 98: (3) and (4) added, p. 445, § 6, effective August 5. L. 2000: (2) amended, p. 256, § 1, effective March 30. L. 2005: (3)(c) repealed, p. 289, § 39, effective August 8. L. 2010: (2) amended, (SB 10-021), ch. 17, p. 80, §3, effective August 11.
For the legislative declaration contained in the 1998 act adding subsections (3) and (4), see section 1 of chapter 154, Session Laws of Colorado 1998.
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 31-30-1114 - Fund investment in insurance

(1)
Except as provided in subsection (2) of this section and with the concurrence of sixty-five percent of the fire department members voting thereon and sixty-five percent of the retired fire department members voting thereon, the board may:
(a)
Insure the fire department members under the following insurance policies issued by companies authorized to do business in this state:
(I)
Individual, group, or blanket life, endowment, or annuity insurance;
(II)
Variable annuity insurance; or
(III)
Disability or liability insurance; and
(b)
Spend any part of the fund to pay premiums on these policies.
(2)
The board shall not spend fund moneys to purchase insurance if the expenditure would impair the pension fund's ability to:
(a)
Pay annuities to a fire department member, surviving spouse, or dependent parent or child receiving annuities; or
(b)
Meet the future requirements of pensions, benefits, and awards under the plan.
(3)
The board must be the beneficiary of any insurance policies, and the proceeds of the insurance policies shall be paid to the board as an addition to the fund.
L. 95: Entire part added, p. 1371, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1115 - Warrants

(1)
Officers of the municipality or district who are designated by law to draw warrants on the treasurer of the municipality or district shall draw warrants thereon upon orders by the board, payable to the board's treasurer for moneys belonging to the fund.
(2)
Except as provided in subsection (3) of this section, the board's treasurer shall pay moneys ordered to be paid from the fund to any person only upon warrants signed by the board's president and countersigned by the board's secretary. A warrant shall not be drawn except by the board's order that is duly entered in the records of the board's proceedings.
(3)
Fund moneys in noninsured trust pension plans with a bank or trust company shall be paid by the trustee only upon the board's written order that is signed by the board's president, countersigned by the board's secretary, and duly entered in the records of the board's proceedings.
L. 95: Entire part added, p. 1372, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1116 - Treasurer - custodian - segregation of moneys

(1)
The board's treasurer and the custodian appointed by the board under section
31-30-1113
are the custodians of the fund and shall secure and safely keep books and accounts concerning the fund in the manner as the board may prescribe. The books and accounts are subject to inspection by the board, any board member, or any other interested person. Upon expiration of the treasurer's or custodian's term of office or appointment, the treasurer or custodian shall surrender and deliver to the successor all bonds, securities, and unexpended moneys or other property of the fund that the treasurer or custodian has possessed.
(2)
A municipality or district that includes both paid and volunteer firefighters in their pension plans may consolidate the funds but must segregate the moneys for paid and volunteer firefighters on an equitable basis for accounting and actuarial purposes. The segregation shall be considered in actuarial reports on the funds. In computing the portion of the fund attributed to volunteer firefighters, volunteer firefighters' benefits shall not be changed.
L. 95: Entire part added, p. 1372, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1117 - Exemption from levy

(1)
Except for an assignment for child support purposes as provided in sections
14-10-118(1)
and
14-14-107
, as they existed prior to July 1, 1996, and except for income assignments for child support purposes pursuant to section
14-14-111.5
, C.R.S., and a writ of garnishment that is the result of a judgment taken for arrearages for child support or for child support debt, no part of the fund, either before or after any order for distribution of the fund to a fire department member, retired fire department member, or beneficiary of the fund or the surviving spouse or guardian of any child of a deceased or disabled fire department member or of a deceased, disabled, or retired fire department member shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, protest, or proceeding of any nature whatsoever issued out of or by any court in this or any other state for the payment or satisfaction of all or part of any debt, damages, claim, demand, judgment, fine, or amercement of the municipality or district or of a fire department member, retired fire department member, or their surviving spouses, dependent children, or designated beneficiaries.
(2)
Except as provided in section
31-30-1118
, the fund must be kept, secured, and distributed for the purpose of issuing pensions and protecting the persons named in this part 11 and for no other purpose whatsoever; except that the board may annually spend moneys as it deems proper and necessary from the fund for necessary expenses connected with the fund.
L. 95: Entire part added, p. 1372, § 2, effective June 5. L. 96: (1) amended, p. 626, § 44, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1118 - Fund use - other purposes

(1)
If the governing body of a municipality or district finds by resolution that no person is eligible or can become eligible for payment of a fund benefit, it may authorize contributions of all fund moneys for any fire-related purpose and, if no fire-related purpose exists, for any purpose as determined by the governing body of the municipality or district.
(2)
At least sixty days before adoption of this resolution, the governing body of the municipality or district shall publish one notice in a newspaper with general circulation within the municipality or district and shall provide a copy of the published notice to the board of directors of the fire and police pension association. The notice must state that the intent of the governing body is to use the money in the fund for the purposes permitted in subsection (1) of this section and that persons who believe they are or may be entitled to benefit payments from the fund have fifty days from the date of the notice in which to file a written objection with the governing body regarding its proposed use of the fund. If a written objection is received, the governing body shall hold a public hearing before adoption of the resolution. Before the hearing, the governing body shall publish notice of the time and place of the hearing and send written notice of the hearing by certified mail to each person who files a written objection.
(3)
If a person establishes a claim to a benefit from the fund within one year after adoption of this resolution, the municipality or district shall repay to the fund any money paid from the fund under this section, and no such additional payments shall be made from the fund.
L. 95: Entire part added, p. 1373, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1119 - Board report - municipality

The board shall make a report to the governing body of the municipality on the condition of the fund. The board shall submit the report to the governing body before the last meeting in February and the last meeting in August of each year.
L. 95: Entire part added, p. 1373, § 2, effective June 5. L. 2010: Entire section amended, (SB 10-021), ch. 17, p. 80, §4, effective August 11.
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 31-30-1120 - [Repealed]

L. 95: Entire part added p. 1374, § 2, effective June 5. L. 98: Entire section amended, p. 64, § 1, effective March 23; entire section repealed, p. 807, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1121 - Disability pension - rules - hearing

(1)
If a volunteer firefighter is injured while in the line of duty as a volunteer firefighter, the board shall pay to the volunteer firefighter:
(a)
A short-term disability monthly annuity for not more than one year in an amount it determines is proper and equitable, considering the financial condition of the fund, but not more than one-half the amount paid by the board pursuant to section
31-30-1122(1)
or two hundred twenty-five dollars, whichever is greater; or
(b)
A long-term disability monthly annuity for a disability that deprives the volunteer firefighter of an earning capacity and that extends beyond one year in an amount it determines is proper and necessary but not more than the amount paid by the board pursuant to section
31-30-1122(1)
or four hundred fifty dollars, whichever is greater. Any increase in the benefits in a municipality under this paragraph (b) shall be approved by the municipality's governing body.
(2)
Disability-pension applicants shall be examined by one or more physicians selected by the board and may be examined by one or more physicians selected by the applicant. The board shall pay from the fund the expenses of the physician chosen by the board.
(3)
The board shall adopt rules it deems proper concerning the examination of persons who are receiving disability benefits under this section to determine periodically the fitness of these persons. A person who is receiving benefits under this section and who is either fifty years of age or has completed twenty years of active duty in the fire department before the date disability benefits under this section are first provided shall not be reexamined. A person receiving benefits under this section shall not be examined before one year after the date disability benefits under this section are first provided and not more often than annually after this date.
(4)
The board shall terminate the disability benefits under this section of a person who the board finds has recovered sufficiently from the disability that resulted in the receipt of these benefits, is under the age of fifty years, and has served less than twenty years of active duty. A person whose benefits are terminated under this subsection (4) may file a written protest within thirty days after the termination date stating the objection to the termination and requesting a hearing. The decision of the board is suspended pending a hearing on the protest. At the hearing, the member may appear and be represented by counsel.
L. 95: Entire part added, p. 1374, § 2, effective June 5. L. 98: (1) amended, p. 807, § 2, effective May 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1123 - Retirement pension - sources of payment

The retirement pension of a volunteer firefighter who has earned twenty years of active service as a volunteer firefighter for any one municipality or district shall be paid from the fund of that municipality or district, and no other fund shall pay a pension to that volunteer firefighter. The retirement pension of a volunteer firefighter who earns twenty years of active service as a volunteer firefighter after June 2, 1977, by serving more than one municipality or district shall be paid from the fund of each municipality or district for which the volunteer firefighter served at least five years. The amount paid by each fund for each year of service with the particular municipality or district shall equal one-twentieth of the retirement pension being paid by that fund on the day the volunteer firefighter left the service of the particular municipality or district. The retirement pension of a volunteer firefighter who earns twenty years of active service as a volunteer firefighter by serving more than one municipality or district shall be paid only by the municipality or district last served by that volunteer firefighter if any part of the twenty years of service was earned on or before June 2, 1977. In no event shall a volunteer firefighter receive a total retirement benefit from all volunteer firefighter pension funds exceeding the maximum amount paid by the board from such funds pursuant to section
31-30-1122(1)
or four hundred fifty dollars, whichever is greater.
L. 95: Entire part added, p. 1375, § 2, effective June 5. L. 98: Entire section amended, p. 808, § 4, effective May 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1124 - Compliance - insufficient moneys

(1)
The board may require information, including proof of years of service, and establish procedures as it deems necessary to ensure compliance with the requirements and limitations of sections
31-30-1122
and
31-30-1123
.
(2)
If at any time money or other property in the fund is insufficient to pay the full amount per month to which each volunteer firefighter receiving a pension under this part 11 and other beneficiary of the fund is entitled, an equal percentage of the monthly payment shall be made to those volunteer firefighters and other beneficiaries until the fund is replenished in an amount that permits payment in full to those volunteer firefighters and other beneficiaries.
L. 95: Entire part added, p. 1375, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1125 - Supplemental retirement pension

(1)
In addition to the monthly retirement pension provided by section
31-30-1122
, the board of a municipality, with the prior consent of the municipality's governing body, or the board of a fire protection district or county improvement district may pay a supplemental monthly retirement pension to a volunteer firefighter who is fifty years of age and who has been in active service more than twenty years if:
(a)
An actuarial review indicates a supplemental monthly pension payment is actuarially sound; and
(b)
Sixty-five percent of the total number of fire department members and retired fire department members give prior approval.
(2)
The supplemental monthly pension payment shall not exceed five percent of the monthly pension payment provided by section
31-30-1122
multiplied by the number of years of active service in excess of twenty years, up to a maximum of ten years; except that the total of the monthly retirement pension payment provided by section
31-30-1122
and the supplemental monthly pension payment shall not exceed an amount that is actuarially sound.
L. 95: Entire part added, p. 1376, § 2, effective June 5. L. 98: (2) amended, p. 65, § 3, effective March 23.
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 31-30-1126 - Survivor benefit

(1)
Except as otherwise provided in subsection (3) of this section, upon the death of a retired fire department member or a volunteer firefighter who, regardless of age, has served the requisite number of years for retirement under section
31-30-1122
and who leaves a surviving spouse, the board may pay an annuity of not more than fifty percent of the current pension payment for a retired fire department member if the fund is actuarially sound. If the volunteer firefighter had less than twenty years of active service, the annuity to the surviving spouse shall be prorated based upon the number of years of service.
(2)
This annuity to the surviving spouse shall cease if the surviving spouse remarries. Dissolution of a subsequent marriage does not reinstate the annuity. A surviving spouse shall not receive both an annuity under section
31-30-1127
and an annuity under this section.
(3)
The benefits under this section do not apply if the optional survivor benefits under section
31-30-1128
are provided.
(4)
The benefits under this section may be increased in the same manner as postretirement benefit increases as provided in section
31-30-1122(3)
, subject to the state contribution limit set forth in section
31-30-1112(2)
.
L. 95: Entire part added, p. 1376, § 2, effective June 5. L. 98: (4) added, p. 809, § 5, effective May 26. L. 2002: (4) amended, p. 506, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 30 - FIRE - POLICE (§§ 31-30-101 — 31-30-1303) › Part 11 - VOLUNTEER FIREFIGHTER PENSION ACT (§§ 31-30-1101 — 31-30-1134) › Section 31-30-1127 - Survivor benefit - death from injuries in the line of duty

(1)
Except as otherwise provided in subsection (4) of this section, if a fire department member dies from injuries received while in the line of duty as a volunteer firefighter and leaves a surviving spouse, the board shall pay the surviving spouse a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section
31-30-1122(1)
or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the surviving spouse remarries. Dissolution of a subsequent marriage does not reinstate the annuity.
(2)
Except as otherwise provided in subsection (4) of this section, if there is no surviving spouse as provided in subsection (1) of this section but there is a surviving child of the deceased volunteer firefighter under eighteen years of age, the board shall pay a monthly annuity either in an amount the board deems proper or necessary, but not more than one-half the amount paid by the board pursuant to section
31-30-1122(1)
or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The board shall pay this annuity to the guardian of the child on behalf of the child. The annuity shall cease when the child is eighteen years of age.
(3)
Except as otherwise provided in subsection (4) of this section, if there is no surviving spouse or child as provided in subsections (1) and (2) of this section but there is a surviving dependent parent of the deceased volunteer firefighter, the board shall pay the dependent parent a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section
31-30-1122(1)
or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the dependent parent remarries. Dissolution of a subsequent marriage does not reinstate the annuity.
(4)
The benefits under this section:
(a)
Are in addition to the educational benefits under section
23-3.3-205
, C.R.S.;
(b)
Do not apply if the optional survivor benefits under section
31-30-1128
are provided; and
(c)
May be increased in the same manner as postretirement benefit increases as provided in section
31-30-1122(3)
, subject to the state contribution limit set forth in section
31-30-1112(2)
.
L. 95: Entire part added, p. 1377, § 2, effective June 5. L. 98: Entire section amended, p. 809, § 6, effective May 26. L. 2002: (4)(c) amended, p. 506, § 3, effective July 1.