Fire and Police Pension Association Disability and Survivor Benefits

SENATE BILL 26-039
BY SENATOR(S) Snyder and Pelton B., Amabile, Ball, Bridges, Carson,
Cutter, Exum, Gonzales J., Jodeh, Kipp, Kolker, Lindstedt, Marchman,
Michaelson J enet, Mullica, Roberts, Wallace, Coleman;
also REPRESENTATIVE(S) Boesenecker and Taggart, Bacon, Caldwell,
Camacho, Carter, Clifford, Duran, English, Espenoza, Froelich,
Gonzalez R., Hamrick, Jackson, Lieder, Lindsay, Marshall, Nguyen,
Phillips, Ricks, Rutinel, Stewart K., Stewart R., Titone, Weinberg, Willford,
Winter T., McCluskie.
CONCERNING THE ADMINISTRATION BY THE FIRE AND POLICE PENSION
ASSOCIATION OF DISABILITY AND SURVIVOR BENEFITS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, part 8 of article 31 of title 31 as follows:
PARTS
DISABILITY AND SURVIVOR BENEFITS
31-31-801. Disability and survivor benefits program design -
rules.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(1) THEASSOCIATIONSHALLPROVIDETWENTY-FOUR-HOUR,ON-AND
OFF-DUTY COVERAGE.
(2) THESTATEWIDEDEATHANDDISABILITYPLANCONSISTSOFTHREE
LEVELS OF DISABILITY, INCLUDING TEMPORARY OCCUPATIONAL DISABILITY,
PERMANENT OCCUPATIONAL DISABILITY, AND TOTAL DISABILITY AS
SPECIFIED IN THIS PART 8.
(3) THE BOARD MAY ADOPT RULES FOR THE IMPLEMENTATION,
ADMINISTRATION, AND MANAGEMENT OF THE PLAN, INCLUDING FURTHER
DEFINING THE STANDARDS FOR DISABILITY, THE PROCESSING OF DISABILITY
APPLICATIONS, SURVIVOR BENEFITS, AND THE ADMINISTRATIVE REVIEW
PROCESS.
( 4) THE BOARD, AS A FIDUCIARY, MAY DELEGATE ONE OR MORE OF
ITS RESPONSIBILITIES UNDER THIS PART 8 AS SPECIFIED IN SECTION 31-31-202
(1)(1) BUT SHALL MAINTAIN ITS RESPONSIBILITY FOR OVERSIGHT OF THE
DELEGATION.
31-31-802. [Similar to former 31-31-801] Definitions.
AS USED IN THIS PART 8, UNLESS THE CONTEXT OTHER WISE 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 ST A TUS, 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
OCCURS UPON BIRTH.
(3) "OCCUPATIONAL DISABILITY" MEANS A DISABILITY RES UL TING IN
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AN INCAPACITY TO PERFORM ASSIGNED DUTIES AND EXPECTED, WITH
REASONABLE MEDICAL PROBABILITY, TO EXIST FOR AT LEAST ONE YEAR.
(4) "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
ORRECOVERYTHROUGHSURGICALTREATMENT,COUNSELING,MEDICATION,
THERAPY, OR OTHER MEANS.
(5) "STATEWIDE DEATH AND DISABILITY PLAN" OR "PLAN" MEANS
THE PROGRAM CREATED IN THIS PART 8.
(6) "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.
(7) "TOT AL 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.
31-31-803. [Similar to former 31-31-802] Coverage and
eligibility to apply.
( 1) ANY MEMBER IS ELIGIBLE FOR THE BENEFITS PROVIDED BY THIS
PART 8, WITH THE EXCEPTION OF THE FOLLOWING:
(a) ANY MEMBER WHOSE EMPLOYER COVERS THEM UNDER THE
FEDERAL "SOCIAL SECURITY ACT";
(b) ANY MEMBER WHOSE EMPLOYER HAD ESTABLISHED AN EXEMPT
DEFINED BENEFIT PENSION PLAN IN ACCORDANCE WITH PART 8 OF ARTICLE
30.5 OF THIS TITLE 31, ON JANUARY 1, 1980, UNLESS AN EMPLOYER
IRREVOCABLY ELECTED NOT LATER THAN OCTOBER 1, 1983, TO BE SUBJECT
TO THE PROVISIONS OF THIS PART 8;
(c) ANY MEMBER WHOSE EMPLOYER HAD ESTABLISHED A MONEY
PURCHASE PLAN ON OR BEFORE DECEMBER 1, 1978, IN ACCORDANCE WITH
PAGE 3-SENATE BILL 26-039
THE PROVISIONS OF PART 8 OF ARTICLE 30.5 OF THIS TITLE 31; AND
( d) ANY MEMBER WHOSE EMPLOYER HAS AFFILIATED WITH THE
PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION FOR THE PURPOSE OF
ADMINISTERING RETIREMENT BENEFITS FOR ITS MEMBERS.
(2) (a) DEPARTMENTS PARTICIPATING IN A PLAN ESTABLISHED
PURSUANTTOPART4, 5, OR 11 OFTHISARTICLE31 ORARTICLE31.5 OF THIS
TITLE 31 AND NOT PARTICIPATING IN THE PLAN FOR DISABILITY AND
SURVIVOR BENEFITS UNDER THIS PART 8 MAY BE COVERED BY THE
PROVISIONS OF THIS PART 8 IN ACCORDANCE WITH THE TERMS, CONDITIONS,
AND PROCEDURES ESTABLISHED BY THE BOARD.
(b) NO WITHDRAWAL FROM COVERAGE UNDER THE DISABILITY AND
SURVIVOR BENEFITS PROVISIONS OF THIS PART 8 IS PERMITTED TO TAKE
EFFECT AFTER DECEMBER 31, 2001.
( c) IF AN EMPLOYER HAS WITHDRAWN UNDER THIS SUBSECTION (2),
REENTRY INTO THE DISABILITY AND SURVIVOR BENEFIT PLAN PROVIDED BY
THIS PART 8 IS PERMITTED ONLY ONCE, IN ACCORDANCE WITH TERMS,
CONDITIONS, AND PROCEDUR ES ESTABLISHED BY THE BOARD.
(3) IF AN EMPLOYER THAT IS OTHER WISE REQUIRED TO ENROLL ITS
MEMBERS UNDER THE PLAN FAILS TO PROPERLY ENROLL SUCH MEMBERS,
NEITHER THE FIRE AND POLICE PENSION ASSOCIATION NOR THE DEATH AND
DISABILITY TRUST FUND IS OBLIGATED OR LIABLE FOR ANY PURPOSE TO ANY
PERSON OR EMPLOYER ARISING FROM SUCH FAILURE.
(4) (a) A MEMBER IS INELIGIBLE FOR DISABILITY RETIREMENT
BENEFITS WITH RESPECT TO AN OCCUPATIONAL OR TOTAL DISABILITY THAT
IS THE PROXIMATE CONSEQUENCE OR RESULT OF A PRE-EXISTING AND
PERMANENT MEDICAL CONDITION.
(b) EVERY NEWLY HIRED MEMBER SHALL DISCLOSE THEIR COMPLETE
HEALTH HISTORY ON THE STATEWIDE STANDARD HEALTH HISTORY FORM
PROVIDED BY THE ASSOCIATION.
( c) ANY MEMBER WHO CONCEALS ANY MATERIAL FACT CONCERNING
HEALTH HISTORY WHEN COMPLETING THE FORM MAY BE DISQUALIFIED FROM
RECEIVING AN AW ARD OF DISABILITY RETIREMENT BENEFITS UNDER THIS
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PART 8 IF THE ASSOCIATION DETERMINES THAT THE CONDITION CONCEALED
BY THE MEMBER PROXIMATELY CAUSED THE TOTAL OR OCCUPATIONAL
DISABILITY.
(5) MEMBERS WHO HA VE COVERAGE UNDER THIS SECTION ARE
ELIGIBLE TO APPLY FOR DISABILITY RETIREMENT BENEFITS UNDER THIS PART
8 IF:
(a) THE ASSOCIATION RECEIVES AN APPLICATION ON THE
ASSOCIATION-APPROVED FORM NO LATER THAN THREE HUNDRED SIXTY-FIVE
DAYS AFTER THE LAST DAY ON THE PAYROLL UNDER WHICH DISABILITY
COVERAGE UNDER THIS PART 8 IS PROVIDED.
(b) THE MEMBER IS NOT ELIGIBLE FOR THE NORMAL RETIREMENT
PENSION FROM A PLAN THAT IS PART OF THE DEFINED BENEFIT SYSTEM
PURSUANT TO SECTION 31-31-204 OR A LOCAL DEFINED BENEFIT
RETIREMENT PENSION PLAN;
(c) THE MEMBER HAS NOT REACHED AGE FIFTY-FIVE WITH
TWENTY-FIVE YEARS OF ACCUMULATED SERVICE AS A MEMBER AND IS A
PARTICIPANT UNDER THE STATEWIDE MONEY PURCHASE PLAN PURSUANT TO
PART 5 OF THIS ARTICLE 31 OR UNDER A LOCAL MONEY PURCHASE PLAN; OR
(d) THE MEMBER IS NOT PARTICIPATING IN THE DEFERRED
RETIREMENT OPTION PLAN ESTABLISHED PURSUANT TO 31-31.5-409.
( 6) WITHIN THE APPLICATION FOR DISABILITY RETIREMENT BENEFITS,
A MEMBER MAY IRREVOCABLY ELECT NOT TO BE CONSIDERED FOR
REINSTATEMENT BY THEIR FORMER EMPLOYER IN THE EVENT THAT SUCH
MEMBER BECOMES ELIGIBLE. ANY SUCH ELECTION TERMINATES ANY
OBLIGATION FOR REINSTATEMENT BY THE EMPLOYER AS MAY BE REQUIRED
BY SECTION 31-31-810 (2) OR 31-31-813.
(7) WITHIN THE APPLICATION FOR DISABILITY R ETIREMENT BENEFITS,
THE EMPLOYER SHALL:
(a) MAKEASTATEMENTINDICATINGTHEREASONFOR THE MEMBER'S
SEPARATION FROM EMPLOYMENT; AND
(b) ST A TE ANY ADDITIONAL BASIS FOR DISABILITY UNDER THE DEA TH
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AND DISABILITY PROGRAM THAT THE EMPLOYER BELIEVES EXISTS AND
INCLUDE ANY DOCUMENTATION OF RELEVANT MEDICAL EVIDENCE. IF THE
MEMBER'S DISABILITY CEASES TO EXIST AND THE MEMBER BECOMES
ELIGIBLE TO BE RESTORED TO ACTIVE SERVICE PURSUANT TO SECTION
31-31-813 (2), THE ASSOCIATION MAY CONSIDER THE MEMBER FOR A
CONTINUING DISABILITY WITH REGARD TO THE ADDITIONAL BASIS PROVIDED
BY THE EMPLOYER. THE ASSOCIATION SHALL CONDUCT THE CONSIDERATION
AS IF THE MEMBER HAD FILED AN ORIGINAL APPLICATION; EXCEPT THAT
LIMITATION PERIODS UNDER SECTION 31-31-813 (2) SHALL ACCRUE FROM
THE DATE OF THE ORIGINAL DISABLEMENT. IF THE MEMBER FAILS TO BE
EXAMINED WITH REGARD TO THE ADDITIONAL BASIS, THE MEMBER IS
ENTITLED TO NEITHER REINSTATEMENT NOR CONTINUING DISABILITY
RETIREMENT BENEFITS.
(8) (a) NOTWITHSTANDING ANYOTHERPROVISIONOFTHIS SECTION,
BENEFITS ARE NOT PAY ABLE FOR ANY DISABILITY RES UL TING IN WHOLE OR
IN PART FROM:
(I) ADDICTION TO A CONTROLLED SUBSTANCE, THE USE OF WHICH IS
PROHIBITED IN ARTICLE 18 OF TITLE 18;
(II) ENGAGING IN ANY ACT FOR WHICH THE MEMBER HAS BEEN
CONVICTED OF A FELONY; OR
(III) AN INTENTIONALLY SELF-INFLICTED INJURY.
(b) As USED IN THIS SUBSECTION (8):
(I) "ADDICTION" HAS THE SAME MEANING SET FORTH IN SECTION
12-245-801.
(II) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING SET FORTH
IN SECTION 18-18-102.
31-31-804. Total disability.
( 1) A MEMBER WHO MEETS THE DEFINITION OF TOT AL DISABILITY, AS
DEFINED BY THIS PART 8 AND THE RULES ADOPTED BY THE BOARD, IS
RETIRED FROM ACTIVE SERVICE FOR DISABILITY AND IS ELIGIBLE TO RECEIVE
THE DISABILITY RETIREMENT BENEFIT PROVIDED IN SUBSECTION (2) OF THIS
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SECTION.
(2) THE NORMAL ANNUAL DISABILITY RETIREMENT BENEFIT FOR
TOT AL DISABILITY IS SEVENTY PERCENT OF THE ANNUAL BASE SALARY PAID
TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITY.
31-31-805. Permanent occupational disability.
( 1) A MEMBER WHO MEETS THE DEFINITION OF PERMANENTLY
OCCUPATIONALLY DISABLED, AS DEFINED BY THIS PART 8 AND THE RULES
ADOPTED BY THE BOARD, IS RETIRED FROM ACTIVE SERVICE FOR SUCH TIME
AS THE PERMANENT OCCUPATIONAL DISABILITY CONTINUES AND IS ELIGIBLE
TO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDED IN SUBSECTION
(2) OF THIS SECTION.
(2) THE NORMAL ANNUAL DISABILITY RETIREMENT BENEFIT FOR
PERMANENT OCCUPATIONAL DISABILITY IS FIFTY PERCENT OF THE ANNUAL
BASE SALARY PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT
FOR DISABILITY.
(3) THE ASSOCIATION MAY REQUIRE MEMBERS WHO ARE RECEIVING
A PERMANENT OCCUPATIONAL DISABILITY RETIREMENT BENEFIT PURSUANT
TO THIS SECTION TO PARTICIPATE IN REHABILITATION AND RETRAINING
PROGRAMS AS THE ASSOCIATION DEEMS APPROPRIATE.
31-31-806. Retirement options for members receiving a total or
permanent occupational disability retirement benefit.
A MEMBER ELIGIBLE FOR THE NORMAL ANNUAL DISABILITY
RETIREMENT BENEFIT FOR TOT AL DISABILITY OR PERMANENT OCCUPATIONAL
DISABILITY MAY ELECT TO RECEIVE THE NORMAL ANNUAL DISABILITY
RETIREMENT BENEFIT OR A REDUCED BENEFIT UNDER ONE OF THE OPTIONS
ADOPTED BY THE BOARD THROUGH RULE, WHICH SHALL BE THE ACTUARIAL
EQUIVALENT OF THE NORMAL DISABILITY RETIREMENT BENEFIT.
31-31-807. [Similar to former 31-31-803 (2.2)] Temporary
occupational disability.
( 1) A MEMBER WHO MEETS THE DEFINITION OF TEMPORARILY
OCCUPATIONALLY DISABLED, AS DEFINED BY THIS PART 8 AND THE RULES
PAGE 7-SENATE BILL 26-039
ADOPTED BY THE BOARD, IS RETIRED FROM ACTIVE SERVICE FOR SUCH TIME
ASTHETEMPORARYOCCUPATIONALDISABILITYCONTINUESFORAPERIODUP
TO FIVE YEARS FROM THE DATE OF ORIGINAL DISABLEMENT AND IS ELIGIBLE
TO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDED IN THIS
SECTION.
(2) THE ANNUAL DISABILITY R ETIREMENT BENEFIT FOR TEMPORARY
OCCUPATIONAL DISABILITY IS FORTY PERCENT OF THE ANNUAL BASE SALARY
BEING PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR
DISABILITY.
(3) A MEMBER FOUND TO HAVE A TEMPORARY OCCUPATIONAL
DISABILITY IS SUBJECT TO REEXAMINATION AT SUCH TIMES AND IN SUCH
MANNER AS THE ASSOCIATION MA YDIRECT. THE ASSOCIATION MAY REQUIRE
TREATMENT, COUNSELING, OR THERAPY NECESSARY TO REHABILITATE THE
MEMBER FOR RETURN TO WORK. AT THE TIME OF REEXAMINATION, A
MEMBER WITH A TEMPORARY DISABILITY SHALL PROVIDE EVIDENCE OF
COMPLIANCE WITH THE REQUIREMENTS ESTABLISHED BY THE ASSOCIATION.
THE ASSOCIATION MAY TERMINATE BENEFITS IF THE MEMBER FAILS TO MAKE
REHABILITATION EFFORTS, FAILS TO COMPLY WITH THE TREATMENT PLAN, OR
FAILS TO PROVIDE EVIDENCE OF A CONTINUING DISABILITY.
( 4) A MEMBER WHO REMAINS DISABLED MAY APPLY FOR AN
UPGRADE TO PERMANENT OCCUPATIONAL DISABILITY OR TO TOTAL
DISABILITY NO LATER THAN SIX MONTHS PRIOR TO THE END OF FIVE YEARS
FROM THE DATE OF ORIGINAL DISABLEMENT. THE ASSOCIATION MAY
UPGRADE A MEMBER TO A PERMANENT OCCUPATIONAL DISABILITY UPON A
FINDING BY THE ASSOCIATION THAT THE MEMBER MEETS THE DEFINITION OF
PERMANENT OCCUPATIONAL DISABILITY. THE ASSOCIATION MAY UPGRADE
A MEMBER TO A TOTAL DISABILITY UPON A FINDING BY THE ASSOCIATION
THAT THE MEMBER MEETS THE DEFINITION OF TOT AL DISABILITY. AFTER THE
FIVE-YEAR PERIOD, BENEFITS CEASE UNLESS THE MEMBER HAS BEEN
UPGRADED TO EITHER PERMANENT OCCUPATIONAL DISABILITY OR TOTAL
DISABILITY.
(5) A MEMBER WHO IS ON TEMPORARY OCCUPATIONAL DISABILITY
IS NOT ENTITLED TO ANY COST OF LIVING ADJUSTMENT.
31-31-808. [Similar to former 31-31-803 (2)] Disability prior to
October 1, 2002.
PAGE 8-SENATE BILL 26-039
( 1) A MEMBER WHO BECOMES OCCUPATIONALLY DISABLED AND WAS
AW ARD ED DISABILITY PRIOR TO OCTOBER 1, 2002, IS RETIRED FROM ACTIVE
SERVICE FOR SUCH TIME AS THE OCCUPATIONAL DISABILITY CONTINUES AND
IS ELIGIBLE TO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDED BY
SUBSECTION (2) OF THIS SECTION.
(2) THE ANNUAL DISABILITY RETIREMENT BENEFIT FOR
OCCUPATIONAL DISABILITY FOR A MEMBER WHO IS RETIRED PURSUANT TO
SUBSECTION ( 1) OF THIS SECTION IS THIRTY PERCENT OF THE ANNUAL BASE
SALARY PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR
DISABILITY. THE BENEFIT IS INCREASED BY:
(a) TEN PERCENT OF THE ANNUAL BASE SALARY IF THE MEMBER HAD
A SPOUSE AT THE TIME OF BECOMING OCCUPATIONALLY DISABLED, FOR SO
LONG AS SUCH SPOUSE SURVIVES AND IS MARRIED TO THE MEMBER OR IS
LEGALLY ENTITLED TO MAINTENANCE FROM THE MEMBER IN AN AMOUNT
EQUAL TO OR GREATER THAN THE AMOUNT OF THE INCREASE IN THE BENEFIT
AUTHORIZED BY THIS SUBSECTION (2)( a). IF THE AMOUNT OF MAINTENANCE
IS LESS THAN THE AMOUNT OF THE INCREASE IN THE BENEFIT AUTHORIZED
BY THIS SUBSECTION (2)(a), THE BENEFIT IS INCREASED BY AN AMOUNT
EQUAL TO THE AMOUNT OF THE MAINTENANCE; EXCEPT THAT, FOR ANY
MEMBER WHO IS RECEIVING THE BENEFIT AUTHORIZED BY THIS SUBSECTION
(2)( a) AND WHO BECOMES LEGALLY REQUIRED TO PAY MAINTENANCE PRIOR
TO JUNE 1, 2001, THE AMOUNT OF THE BENEFIT IS TEN PERCENT OF THE
ANNUAL BASE SALARY.
(b) TEN PERCENT OF THE ANNUAL BASE SALARY IF SUCH MEMBER
HAS ANY DEPENDENT CHILDREN.
31-31-809. [Similar to former31-31-806.5] Disability retirement
benefits -on-duty.
( 1) THE ASSOCIATION SHALL DETERMINE WHETHER THE DISABILITY
ISTHERESULTOFANINJURYINCURREDWHILEPERFORMINGOFFICIALDUTIES
OR AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSE OF THE
MEMBER'S EMPLOYMENT. AN ON-DUTY DETERMINATION DOES NOT CHANGE
THE BENEFIT AMOUNT A WARDED.
(2) THE BOARD SHALL ADOPT RULES THAT SPECIFY STANDARDS FOR
DETERMINING WHETHER A MEMBER'S DISABILITY IS THE RESULT OF AN
PAGE 9-SENATE BILL 26-039
INJURY INCURRED 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.
(3) THE DETERMINATIONS MADE BY THE ASSOCIATION PURSUANT TO
THIS SUBSECTION (3) SHALL BE MADE SOLELY ON THE BASIS OF THE MEDICAL
EVIDENCE THAT WAS PREVIOUSLY SUBMITTED IN CONNECTION WITH THE
MEMBER'S APPLICATION FOR DISABILITY AND OTHER RELEVANT EVIDENCE
THAT IS CONTEMPORANEOUS IN TIME WITH THE TERMINATION OF THE
MEMBER'S EMPLOYMENT.
31-31-810. Disability decisions and appeals.
(1) (a) THE ASSOCIATION MAKES THE DETERMINATION OF
DISABILITY, WHETHER THE DISABILITY IS OCCUPATIONAL OR TOTAL,
WHETHERTHEDISABLINGCONDITIONISON-DUTY,ANDTHEAMOUNTOFTHE
DISABILITY RETIREMENT BENEFIT. THE ASSOCIATION MAY CONSIDER ANY
EVIDENCE IT DEEMS RELEVANT IN MAKING THE DETERMINATION, INCLUDING
REPORTS MADE BY PHYSICIANS, WHO MAY BE APPOINTED UPON THE
RECOMMENDATION OF A MEDICAL ADVISOR WITH WHOM THE BOARD SHALL
CONTRACT TO PROVIDE ADVISORY SERVICES.
(b) THE ASSOCIATION MAY REQUEST THAT ANY PHYSICIAN
APPOINTED TO EXAMINE THE DISABILITY APPLICANT ALSO PROVIDE AN
OPINION AS TO WHETHER THE APPLICANT'S INJURY WAS RECEIVED WHILE
PERFORMING OFFICIAL DUTIES OR WHETHER THE APPLICANT'S
OCCUPATIONAL DISEASE AROSE OUT OF AND IN THE COURSE OF THE
APPLICANT'S EMPLOYMENT. THE ASSOCIATION MAY INVESTIGATE CLAIMS AT
THE TIME OF INITIAL APPLICATION FOR BENEFITS OR SUBSEQUENT TO AN
A WARD OF BENEFITS TO DETERMINE ELIGIBILITY OR CONTINUING ELIGIBILITY
FOR SUCH BENEFITS. THE ASSOCIATION MAY APPOINT INVESTIGATORS AND
OTHER PERSONNEL AS NECESSARY TO CARRY OUT THIS FUNCTION.
( c) AN APPLICANT MAY APPEAL THE DECISIONS MADE BY THE
ASSOCIATION PURSUANT TO THIS SUBSECTION ( 1) THROUGH THE
ADMINISTRATIVE REVIEW PROCEDURES SET FORTH IN THE RULES ADOPTED
BY THE BOARD. A FINAL DECISION FROM THE ASSOCIATION CAN ONLY BE
REVIEWED BY PROPER COURT ACTION SUBJECT TO RULE 106 (a)(4) OF THE
COLORADO RULES OF CIVIL PROCEDURE.
PAGE IO-SENATE BILL 26-039
(d) IN CONNECTION WITH THIS SUBSECTION (1), THE BOARD:
(I) MAY APPOINT HEARING OFFICERS TO CONDUCT HEARINGS ON ANY
ISSUE RELATING TO AN APPLICANT'S DISABILITY; AND
(II) MAY ADOPT RULES TO EST AB LISH A PROCESS FOR THE
ADMINISTRATIVE REVIEW OF DISABILITY APPLICATIONS, INCLUDING
STANDARDS OF REVIEW FOR THE APPLICATIONS, WITHOUT BOARD REVIEW.
(2) IF THE ASSOCIATION DETERMINES THAT AN APPLICANT FOR
DISABILITY IS NOT DISABLED AND THE APPLICANT IS ON SICK LEA VE,
DISABILITY LEAVE, OR OTHER TYPE OF LEAVE OF ABSENCE, IS SERVING IN A
TEMPORARY POSITION PENDING THE DETERMINATION OF AN APPLICATION, OR
HAS BEEN TERM INA TED FROM EMPLOYMENT BY THE EMPLOYER ON THE BASIS
OF AN ALLEGED DISABILITY, THE EMPLOYER SHALL REINSTATE THE
APPLICANT TO ACTIVE SERVICE IN THE SAME POSITION THE APPLICANT HELD
PRIOR TO THE COMMENCEMENT OF SUCH LEA VE, ASSIGNMENT TO A
TEMPORARY POSITION, OR TERMINATION. IF THE EMPLOYER REFUSES TO
REINSTATE THE APPLICANT TO THE APPLICANT'S PRIOR POSITION, THE
EMPLOYER SHALL THEREAFTER PAY BENEFITS TO THE APPLICANT AS IF THE
APPLICANT HAD BEEN DETERMINED OCCUPATIONALLY DISABLED BY THE
ASSOCIATION. THE EMPLOYER SHALL CONTINUE TO PAY SUCH BENEFITS
UNTIL THE APPLICANT IS REINSTATED TO THE APPLICANT'S PRIOR POSITION
OR DECLINES AN OFFER OF REINSTATEMENT.
(3) A MEMBER WHOSE DISABILITY RETIREMENT BENEFITS CEASE AND
WHO IS NOT RESTORED TO ACTIVE SERVICE OR A MEMBER WHO ELECTS TO
TERMINATE THEIR DISABILITY RETIREMENT BENEFITS IS ENTITLED TO:
(a) ANY VESTED BENEFIT EARNED THROUGH THEIR YEARS OF
SERVICE PRIOR TO BECOMING DISABLED, PAY ABLE AT NORMAL RETIREMENT
AGE;OR
(b) A REFUND OF THE MEMBER'S CONTRIBUTIONS IF NO BENEFIT IS
VESTED.
31-31-811. [Similar to former 31-31-803 (6)) Cost of living
adjustments.
( 1) COST OF LIVING ADJUSTMENTS PAY ABLE UNDER THE STATEWIDE
PAGE I I-SENATE BILL 26-039
DEATH AND DISABILITY PLAN ESTABLISHED IN THIS PART 8 ARE PAID
EFFECTIVE OCTOBER 1 EACH YEAR, AND THE REDETERMINED AMOUNT OF
THE BENEFIT IS PAYABLE FOR THE FOLLOWING TWELVE MONTHS. TO BE
ELIGIBLE FOR A COST OF LIVING ADJUSTMENT, RETIREMENT BENEFITS SHALL
HA VE BEEN PAID FOR AT LEAST TWELVE CALENDAR MONTHS PRIOR TO THE
EFFECTIVE DATE OF THE COST OF LIVING ADJUSTMENT.
(2) (a) FOR THE COST OF LIVING ADJUSTMENT OF PERMANENT
OCCUPATIONAL DISABILITY RETIREMENT BENEFITS, THE AMOUNT OF THE
BENEFIT ON THE EFFECTIVE DATE OF THE BENEFIT IS INCREASED BY A
PERCENTAGE TO BE DETERMINED BY THE BOARD BUT NOT MORE THAN THREE
PERCENT FOR EACH FULL YEAR CONTAINED IN THE PERIOD COMMENCING
WITH THE EFFECTIVE DATE OF THE BENEFIT AND ENDING WITH THE
EFFECTIVE DATE OF THE COST OF LIVING ADJUSTMENT.
(b) FOR THE COST OF LIVING ADMUSTMENT OF TOTAL DISABILITY
RETIREMENT BENEFITS, THE AMOUNT OF THE BENEFIT ON THE EFFECTIVE
DA TE OF THE BENEFIT IS INCREASED BY THREE PERCENT FOR EACH FULL
YEAR CONTAINED IN THE PERIOD COMMENCING WITH THE EFFECTIVE DATE
OF THE BENEFIT AND ENDING WITH THE EFFECTIVE DATE OF THE COST OF
LIVING ADJUSTMENT. IN THE CASE OF A MEMBER CHANGING STATUS FROM
OCCUPATIONAL DISABILITY TO TOT AL DISABILITY, THE THREE PERCENT COST
OF LIVING ADJUSTMENT BEGINS WITH THE EFFECTIVE DATE OF THE BENEFIT
AND THERE IS NO RETROACTIVE COST OF LIVING ADJUSTMENT APPLIED TO
THE BENEFIT FOR ANY PERIOD THAT THE MEMBER WAS RECEIVING AN
OCCUPATIONAL DISABILITY BENEFIT.
(3) THE COST OF THE ADJUSTMENT OF BENEFITS PROVIDED BY THIS
SECTION IS FUNDED IN THE SAME MANNER AS OTHER BENEFITS ESTABLISHED
BY THIS PART 8.
31-31-812. [Similar to former31-31-804) Reduction of disability
retirement benefits.
(1) (a) THE BENEFITS PAYABLE PURSUANT TO THIS PART 8 TO ANY
MEMBER WHO IS A WARDED AN OCCUPATIONAL DISABILITY BENEFIT PRIOR TO
OCTOBER 1, 2002, A TOTAL DISABILITY BENEFIT, OR WHO IS PERMANENTLY
OCCUPATIONALLY DISABLED AND WHO IS ALSO ELIGIBLE TO RECEIVE
PAYMENTS FROM THE MEMBER'S INDIVIDUAL ACCOUNT PURSUANT TO PART
5 OF ARTICLE 31.5 OF THIS TITLE 31 OR A SIMILAR PROVISION IN A LOCAL
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PENSION PLAN IS REDUCED BY AN AMOUNT THAT IS THE ACTUARIAL
EQUIVALENT OF THE BENEFITS SUCH MEMBER IS ELIGIBLE TO RECEIVE FROM
THE SEPARATE RETIREMENT ACCOUNT, WHETHER THE BENEFITS RECEIVED
FROM THE ACCOUNT ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.
(b) THE BENEFITS PAYABLE PURSUANT TO THIS PART 8 TO ANY
MEMBER WHO IS A WARDED A TOT AL DISABILITY BENEFIT OR WHO IS
PERMANENTLY OCCUPATIONALLY DISABLED AND WHO IS ALSO ELIGIBLE TO
RECEIVE A DEFINED BENEFIT FROM A STATEWIDE OR LOCAL PENSION PLAN IS
REDUCED BY THE AMOUNT OF THE DEFINED BENEFIT.
( C) ANY DISABILITY RETIREMENT BENEFIT PROVIDED PURSUANT TO
THIS PART 8 IS 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.
( d) ANY MEMBER RECEIVING AN OCCUPATIONAL DISABILITY BENEFIT
PURSUANT TO THIS PART 8 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 RETIREMENT
BENEFIT IS DISCONTINUED.
(2) THE BENEFITS PAYABLE PURSUANT TO THIS PART 8 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 A WARD 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 A WARD OF SUCH BENEFITS HAS BEEN EXEMPTED FROM
THE STATEWIDE RETIREMENT PLAN AS PERMITTED BY SECTION 31-31.5-203,
IS 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. A REDUCTION SHALL NOT
EXCEED THE ACTUARIAL EQUIVALENT OF MONEY PURCHASE PLAN BENEFITS
IF SUCH BENEFITS HAD BEEN FUNDED AT THE SAME RA TE OF CONTRIBUTIONS
SPECIFIED IN SECTION 31-31.5-301.
PAGE 13-SENATE BILL 26-039
31-31-813. [Similar to former 31-31-805] Change in disability
status -reexamination.
(1) AT ANY TIME THAT A TOT AL DISABILITY CEASES TO EXIST, BASED
UPON PERIODIC REEXAMINATION AS MAY BE REQUIRED BY THE ASSOCIATION
OR BASED UPON OTHER EVIDENCE OF ABILITY TO ENGAGE IN SUBSTANTIAL
GAINFUL ACTIVITY, A MEMBER RETIRED FOR SUCH DISABILITY SHALL BE
DECLARED PERMANENTLY OCCUPATIONALLY DISABLED, AND THE BENEFITS
PROVIDED BY SECTION 31-31-804 ARE REDUCED TO THE LEVEL PROVIDED IN
SECTION 31-31-805.
(2) (a) AT ANYTIME THAT AN OCCUPATIONAL DISABILITY CEASES TO
EXIST, BASED UPON PERIODIC REEXAMINATION AS MAY BE REQUIRED BY THE
ASSOCIATION, A MEMBER RETIRED FOR SUCH DISABILITY MAY BE RESTORED
TO ACTIVE SERVICE, AND THE BENEFITS ARE DISCONTINUED. THE MEMBER
SHALL BE RESTORED TO ACTIVE SERVICE BY THE MEMBER'S FORMER
EMPLOYER IF AV ACANCY EXISTS IN THE SAME POSITION THE MEMBER HELD
PRIOR TO RETIREMENT, OR IF THERE IS A POSITION OF EQUAL BASE PAY
AVAILABLE, OR IF THE MEMBER AGREES TO ACCEPT ANOTHER AVAILABLE
POSITION THAT MAY NOT BE THE SAME OR OF EQUAL BASE PAY TO THE
MEMBER'S FORMER POSITION.
(b) IF THE POSITION TO WHICH THE MEMBER WILL BE RESTORED
REQUIRES, AS A MATTER OF ST A TE LAW, THAT THE MEMBER MAINTAIN ANY
TYPE OF STATE CERTIFICATION, THE EMPLOYER NEED NOT RESTORE THE
MEMBER TO SUCH POSITION IF THE MEMBER DOES NOT HA VE THE NECESSARY
CERTIFICATION OR THE MEMBER'S CERTIFICATION HAS OTHERWISE LAPSED,
EXPIRED, OR BEEN REVOKED. THE EMPLOYER, HOWEVER, MUST AFFORD THE
MEMBERANOPPORTUNITYTOATTAINCERTIFICATION,RECERTIFICATION,OR
REACTIVATION OF AN EXISTING CERTIFICATION AND MUST HOLD OPEN ANY
POSITION THAT THE MEMBER HAS AGREED TO ACCEPT PURSUANT TO THIS
SUBSECTION (2) FOR A PERIOD NOT TO EXCEED ONE YEAR. THE BOARD IS
DIRECTED TO EV ALU ATE THE IMPACT OF THIS REQUIREMENT ON EMPLOYERS
OF ASSOCIATION MEMBERS. THE ONE-YEAR PERIOD MAY EXTEND BEYOND
THE FIVE-YEAR LIMITATION SET FORTH IN SUBSECTION (2)(f) OF THIS
SECTION, AS LONG AS THE OPENING OCCURS WITHIN THE FIVE-YEAR PERIOD.
DISABILITY RETIREMENT BENEFITS WILL BE CONTINUED DURING ANY PERIOD,
NOT TO EXCEED ONE YEAR, THAT THE MEMBER IS ATTEMPTING TO ATTAIN
CERTIFICATION, RECERTIFICATION, OR REACTIVATION.
PAGE 14-SENATE BILL 26-039
(c) IF, AT THE TIME OF A FINDING BY THE ASSOCIATION THAT A
MEMBER'S OCCUPATIONAL DISABILITY HAS CEASED TO EXIST, THERE IS NO
OPENING IN THE SAME POSITION THE MEMBER HELD PRIOR TO RETIREMENT
OR ONE OF EQUAL BASE PAY AND THERE IS NO OPENING IN A POSITION OF
LESSER BASE PAY THAT THE MEMBER AGREES TO ACCEPT, THE ASSOCIATION
MAY ORDER THE MEMBER TO PROCEED WITH ANY NECESSARY TRAINING IN
ORDER TO ATTAIN, REINSTATE, OR REACTIVATE ANY CERTIFICATION
REQUIRED FOR THE POSITION FROM WHICH THE MEMBER RETIRED.
DISABILITY RETIREMENT BENEFITS ARE CONTINUED DURING THE TRAINING
PERIOD UP TO A MAXIMUM OF ONE YEAR.
(d) IF THE MEMBER REFUSES TO TAKE THE STEPS NECESSARY TO
ATTAIN CERTIFICATION, RECERTIFICATION, OR REACTIVATION AS REQUIRED
BY SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION, OR IF AT THE END OF
THE ONE-YEAR LIMITATION ON ATTAINING CERTIFICATION, RECERTIFICATION,
OR REACTIVATION THE MEMBER HAS NOT ATTAINED THE NECESSARY
CERTIFICATION, RECERTIFICATION, OR REACTIVATION, DISABILITY
RETIREMENT BENEFITS ARE DISCONTINUED, AND THE EMPLOYER IS RELIEVED
OF FURTHER OBLIGATIONS PURSUANT TO THIS SUBSECTION (2).
( e) IF A MEMBER REFUSES TO ACCEPT THE SAME OR A POSITION OF
EQUAL BASE PAY, THE DISABILITY RETIREMENT BENEFITS ARE
DISCONTINUED, BUT A MEMBER SHALL NOT LOSE BENEFITS IF THERE IS NO
SUCH VACANCY OR IF THE MEMBER REFUSES TO ACCEPT A POSITION THAT IS
NOT THE SAME OR OF EQUAL BASE PAY TO THE MEMBER'S FORMER POSITION,
OR IF THE EMPLOYER REFUSES TO RESTORE THE MEMBER TO ACTIVE SERVICE,
EXCEPT AS PROVIDED PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION.
(t) IF THE ASSOCIATION DETERMINES THAT A DISABILITY CEASES TO
EXIST, AND IF NO APPROPRIATE VA CAN CY IS AVAILABLE AT THAT TIME, THE
MEMBER HAS THE FIRST RIGHT OF REFUSAL TO FILL AV ACANCY IF IT OCCURS
WITHIN FIVE YEARS FROM THE DA TE OF ORIGINAL DISABLEMENT. IF AN
OCCUPATIONAL DISABILITY IS BASED ON A MEDICAL DETERMINATION OF
MENTAL IMPAIRMENT OR DISEASE, THE ASSOCIATION MUST DETERMINE,
THAT THE OCCUPATIONAL DISABILITY CEASES TO EXIST BEFORE THE MEMBER
IS GRANTED A FIRST RIGHT OF REFUSAL.
(g) AT LEAST THIRTY DAYS PRIOR TO MAKING ITS DETERMINATION,
THE ASSOCIATION SHALL PROVIDE WRITTEN NOTICE TO THE EMPLOYER AND
MEMBER OF THE OPPORTUNITY FOR A HEARING, UPON REQUEST OF THE
PAGE 15-SENATE BILL 26-039
EMPLOYER OR MEMBER. IF A HEARING IS REQUESTED, THE ASSOCIATION
SHALL PROVIDE THE EMPLOYER WITH COPIES OF ANY MEDICAL REPORTS
PREPARED BY THE PHYSICIANS WITH RESPECT TO ANY EXAMINATION OR
REEXAMINATION OF THE MEMBER. NEITHER THE EMPLOYER, THE AGENTS OF
THE EMPLOYER, INCLUDING ANY PHYSICIAN RETAINED TO REVIEW SUCH
REPORTS, NOR THE ASSOCIATION SHALL RELEASE SUCH REPORTS TO ANY
OTHER PERSON EXCEPT AS OTHERWISE ALLOWED IN SECTION 24-72-204
(3)(a)(I).
(h) IF THE MEMBER REFUSES A VACANCY IN THE SAME POSITION THE
MEMBER HELD PRIOR TO RETIREMENT OR IN A POSITION OF EQUAL BASE PAY
TO THE MEMBER'S FORMER POSITION, THE DISABILITY RETIREMENT BENEFITS
ARE DISCONTINUED. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION
(2), IF THE EMPLOYER REFUSES TO ALLOW A MEMBER WHO EXERCISES SUCH
FIRST RIGHT OF REFUSAL TO FILL THE VA CAN CY, THE EMPLOYER SHALL
THEREAFTER PAY THE COST OF THE BENEFITS.
(i) WHEN A TEMPORARY OCCUPATIONAL DISABILITY CEASES TO
EXIST AND THE MEMBER IS RESTORED TO ACTIVE SERVICE WITH THE
MEMBER'S EMPLOYER, A TRANSFER WILL BE MADE FROM THE STATEWIDE
DEATH AND DISABILITY PLAN TO THE MEMBER'S NORMAL RETIREMENT PLAN
IN THE AMOUNT OF THE MONTHLY EMPLOYER AND EMPLOYEE
CONTRIBUTIONS BEING MADE TO THE MEMBER'S PENSION PLAN AT THE TIME
OF DISABILITY BUT NOT MORE THAN SIXTEEN PERCENT OF THE MONTHLY
BASE SALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF
DISABILITY RETIREMENT, MULTIPLIED BY THE NUMBER OF MONTHS THE
MEMBER RECEIVED TEMPORARY OCCUPATIONAL DISABILITY RETIREMENT
BENEFITS. THE MEMBER WILL RECEIVE SERVICE CREDIT FOR SUCH TRANSFER.
A RESTORED MEMBER OF A LOCAL PLAN THAT HAS A CONTRIBUTION RA TE IN
EXCESS OF SIXTEEN PERCENT SHALL HA VE THE DIFFERENCE BETWEEN THE
AMOUNT TRANSFERRED AND THE AMOUNT THAT WOULD HA VE BEEN
CONTRIBUTED AT THE EXCESS RA TE, MADE UP BY AN ADDITIONAL
CONTRIBUTION FROM THE EMPLOYER.
(3) WHEN A MEMBER ON TEMPORARY OCCUPATIONAL DISABILITY
SATISFIES THE AGE AND SERVICE REQUIREMENTS FOR A NORMAL
RETIREMENT, INCLUDING THE TIME THE MEMBER WAS ON TEMPORARY
OCCUPATIONAL DISABILITY, A TRANSFER IS MADE FROM THE STATEWIDE
DEA TH AND DISABILITY PLAN TO THE MEMBER'S NORMAL RETIREMENT PLAN
IN THE AMOUNT OF THE MONTHLY EMPLOYER AND EMPLOYEE
PAGE 16-SENATE BILL 26-039
CONTRIBUTIONS BEING MADE TO THE MEMBER'S PENSION PLAN AT THE TIME
OF DISABILITY BUT NOT MORE THAN SIXTEEN PERCENT OF THE MONTHLY
BASE SALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF
DISABILITY MULTIPLIED BY THE NUMBER OF MONTHS THE MEMBER RECEIVED
TEMPORARY OCCUPATIONAL DISABILITY RETIREMENT BENEFITS. A MEMBER
OF A STATEWIDE OR LOCAL RETIREMENT PLAN THAT HAS A MANDATORY
CONTRIBUTION RA TE IN EXCESS OF SIXTEEN PERCENT SHALL HA VE THE
DIFFERENCE BETWEEN THE AMOUNT TRANSFERRED AND THE AMOUNT THAT
WOULD HA VE BEEN CONTRIBUTED AT THE EXCESS RA TE MADE UP BY AN
ADDITIONAL CONTRIBUTION FROM THE EMPLOYER. THE MEMBER SHALL
THEN BE GRANTED A NORMAL RETIREMENT UNDER THE MEMBER'S
RETIREMENT PLAN AND THE TEMPORARY OCCUPATIONAL DISABILITY
RETIREMENT BENEFITS UNDER THE STATEWIDE DEATH AND DISABILITY PLAN
SHALL TERM INA TE.
(4) WITHIN FIVE YEARS FROM THE DATE OF A FINDING OF
OCCUPATIONAL DISABILITY PURSUANT TO SUBSECTION ( 1) OF THIS SECTION
OR FROM THE DATE OF ORIGINAL DISABLEMENT PURSUANT TO SECTION
31-31-805, 31-31-807, OR 31-31-808, A MEMBER RETIRED FOR SUCH
DISABILITY MAY BE DECLARED TOTALLY DISABLED BASED UPON PERIODIC
REEXAMINATION AS ORDERED BY THE ASSOCIATION IN ITS DISCRETION. IF
THE MEMBER IS DECLARED TOTALLY DISABLED, THE BENEFITS PROVIDED BY
SECTION31-31-805, 31-31-807, OR3 l-31-808 ARE INCREASED TO THE LEVEL
PROVIDED IN SECTION 31-31-804. COST OF LIVING ADJUSTMENTS ARE PAID
PROSPECTIVELY IN ACCORDANCE WITH SECTION 31-31-811.
31-31-814. [Similar to former 31-31-806) Disqualification upon
reemployment.
IF, SUBSEQUENT TO DISABILITY RETIREMENT BENEFITS BEING
AWARDED TO A MEMBER PURSUANT TO THIS PART 8, BUT PRIOR TO A
DECISION OF THE ASSOCIATION THAT AN OCCUPATIONAL DISABILITY CEASES
TO EXIST, 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
ASSOCIATION, THE DISABILITY RETIREMENT BENEFITS PROVIDED PURSUANT
TO THIS PART 8 ARE DISCONTINUED. ANY APPLICATION FOR RETIREMENT FOR
PAGE 17-SENATE BILL 26-039
DISABILITY MADE BY THE MEMBER AFTER SUCH APPOINTMENT OR
REINSTATEMENT SHALL BE TREATED IN ALL RESPECTS AS A NEW
APPLICATION.
31-31-815. [Similar to former 31-31-807) Death of member -
survivor benefits.
(1) (a) IF A MEMBER DIES WHILE IN ACTIVE SERVICE OR WHILE ON
TEMPORARY OCCUPATIONAL DISABILITY AND LEAVES A SURVIVING SPOUSE
OR DEPENDENT CHILDREN, OR BOTH, ONE OF THE SURVIVOR BENEFITS
DESCRIBED IN SUBSECTION ( 1 )(b) OF THIS SECTION ARE PAID IF THE MEMBER:
(I) IS NOT ELIGIBLE FOR A NORMAL RETIREMENT PENSION UNDER AN
OLD HIRE PENSION PLAN ESTABLISHED PURSUANT TO ARTICLE 30.5 OF THIS
TITLE 31 THAT PROVIDES FOR POSTRETIREMENT SURVIVOR BENEFITS TO A
SPOUSE AND DEPENDENT CHILDREN IN THE EVENT THE MEMBER DIES IN
ACTIVE SERVICE WHILE ELIGIBLE FOR NORMAL RETIREMENT; AND
(11) (A) IS NOT ELIGIBLE FOR THE NORMAL RETIREMENT PENSION
FROM A PLAN THAT IS PART OF THE DEFINED BENEFIT SYSTEM PURSUANT TO
SECTION 31-31-204; OR
(B) HAS NOT REACHED AGE FIFTY-FIVE WITH TWENTY-FIVE YEARS OF
ACCUMULATED SERVICE AS A MEMBER AND IS A PARTICIPANT UNDER THE
STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5 OF THIS ARTICLE
31 OR UNDER A LOCAL MONEY PURCHASE PLAN.
(b) ONE OF THE FOLLOWING SURVIVOR BENEFITS IS PAID IF THE
REQUIREMENTS OF SUBSECTION (l)(a) OF THIS SECTION ARE SATISFIED:
(I) WHEN THERE IS A SURVIVING SPOUSE AND NO DEPENDENT
CHILDREN, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEA TH.
(II) WHEN THERE IS A SURVIVING SPOUSE AND ONE DEPENDENT
CHILD, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(III) WHEN THERE IS A SURVIVING SPOUSE AND TWO OR MORE
DEPENDENT CHILDREN, THE MONTHLY BENEFIT IS FIFTY PERCENT OF THE
PAGE 18-SENATE BILL 26-039
MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING
DEATH.
(IV) WHEN THERE IS NO SURVIVING SPOUSE AND THREE OR MORE
DEPENDENT CHILDREN, THE MONTHLY BENEFIT IS FIFTY PERCENT OF THE
MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING
DEATH.
(V) WHEN THERE IS NO SURVIVING SPOUSE AND TWO DEPENDENT
CHILDREN, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(VI) WHEN THERE IS NO SURVIVING SPOUSE AND ONE DEPENDENT
CHILD, THE MONTHLY BENEFIT SHALL BE FORTY PERCENT OF THE MONTI-IL Y
BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(2) ANY BENEFIT PROVIDED IN ACCORDANCE WITH THIS SECTION TO
THESURVIVINGSPOUSEORDEPENDENTCHILDOF A MEMBER WHO DIES WHILE
IN ACTIVE SERVICE TERMINATES UPON THE DEA TH OF THE SURVIVING SPOUSE
OR UPON THE DEATH OR TERMINATION OF DEPENDENCY OF SUCH DEPENDENT
CHILD, AS APPLICABLE.
(3) (a) WHEN THERE IS A SURVIVING SPOUSE AND ONE DEPENDENT
CHILD RESIDING IN A SEPARATE HOUSEHOLD FROM THE SURVIVING SPOUSE,
THE SURVIVING SPOUSE RECEIVES TWENTY-FIVE PERCENT OF THE MONTHLY
BASE SALARY AND THE CHILD SHALL RECEIVE THE BALANCE OF THE BENEFIT
PURSUANT TO SUBSECTION (l)(b)(Il) OF THIS SECTION.
(b) WHEN THERE IS A SURVIVING SPOUSE AND TWO OR MORE
DEPENDENT CHILDREN RESIDING IN A SEPARATE HOUSEHOLD FROM THE
SURVIVING SPOUSE, THE SURVIVING SPOUSE RECEIVES TWENTY-FIVE
PERCENT OF THE MONTHLY BASE SALARY AND THE CHILDREN RECEIVE THE
BALANCE OF THE BENEFIT PURSUANT TO SUBSECTION ( 1 )(b )(III) OF THIS
SECTION.
( c) UPON THE TERMINATION OF THE BENEFIT PAY ABLE TO THE CHILD
OR CHILDREN PURSUANT TO SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION,
THE SURVIVING SPOUSE RECEIVES THE BENEFIT PURSUANT TO SUBSECTION
( 1 )(b )(I) OF THIS SECTION.
PAGE 19-SENATE BILL 26-039
( 4) IF A SURVIVOR BENEFIT IS PAY ABLE FOR THE BENEFIT OF MORE
THAN ONE DEPENDENT CHILD OF THE MEMBER PURSUANT TO SUBSECTION
( 1 )(b )(III), ( 1 )(b )(IV), OR ( 1 )(b )(V) OF THIS SECTION AND THE DEPENDENT
CHILDREN RESIDE IN SEPARATE HOUSEHOLDS FROM EACH OTHER, THE
BENEFIT IS DIVIDED EQUALLY AMONG THE CHILDREN.
(5) ANY SURVIVING SPOUSE OR DEPENDENT CHILD RECEIVING
BENEFITS PURSUANT TO SUBSECTION ( 1 )(b )(I) OR ( 1 )(b )(VI) OF THIS SECTION
PRIOR TO JANUARY 1, 2002, RECEIVES ANY INCREASED BENEFIT
ESTABLISHED IN SUBSECTION (l)(b)(I) OR (l)(b)(VI) OF THIS SECTION ON
JANUARY 1, 2002, AS APPLICABLE.
(6) (a) THE SURVIVOR BENEFITS PAYABLE UNDER THE STATEWIDE
DEA TH AND DISABILITY PLAN EST AB LI SHED IN THIS PART 8 IS REDETERMINED
EFFECTIVE OCTOBER 1 EACH YEAR, AND THE REDETERMINED AMOUNT IS
PAYABLE FOR THE FOLLOWING TWELVE MONTHS. TO BE ELIGIBLE FOR
REDETERMINATION, THE BENEFITS SHALL HAVE BEEN PAID FOR AT LEAST
TWELVE CALENDAR MONTHS PRIOR TO THE EFFECTIVE DATE OF
REDETERMINATION. THE ANNUAL REDETERMINATION OF BENEFITS MADE
PURSUANT TO THIS SECTION IS IN LIEU OF ANY OTHER ANNUAL COST OF
LIVING ADJUSTMENT.
(b) FOR THE REDETERMINATION OF SURVIVOR BENEFITS PAYABLE
PURSUANT TO THIS SECTION, THE AMOUNT OF THE BENEFIT ON THE
EFFECTIVE DATE OF THE BENEFIT IS INCREASED BY A PERCENTAGE TO BE
DETERMINED BY THE BOARD BUT NOT MORE THAN THREE PERCENT FOR EACH
FULL YEAR CONTAINED IN THE PERIOD COMMENCING WITH THE EFFECTIVE
DATE OF THE BENEFIT AND ENDING WITH THE EFFECTIVE DATE OF THE
REDETERMINATION.
( c) THE COST OF THE ADJUSTMENT OF BENEFITS PROVIDED BY THIS
SECTION IS FUNDED IN THE SAME MANNER AS OTHER BENEFITS EST AB LI SHED
BY THIS PART 8.
31-31-816. [Similar to former 31-31-807.5] Death of member -
line-of-duty -survivor benefits.
(1) (a) IF A MEMBER DIES WHILE IN ACTIVE SERVICE AS THE DIRECT
AND PROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED WHILE
PERFORMING OFFICIAL DUTIES OR AS A RESULT OF AN OCCUPATIONAL
PAGE 20-SENATE BILL 26-039
DISEASE ARISING OUT OF AND IN THE COURSE OF THE MEMBER'S
EMPLOYMENT, AND IF SUCH MEMBER QUALIFIES FOR LINE-OF-DUTY ST A TUS
UNDER SECTION 101 (h) OF THE FEDERAL "INTERNAL REVENUE CODE OF
1986", AND LEA YES A SURVIVING SPOUSE OR DEPENDENT CHILDREN, OR
BOTH, ONE OF THE SURVIVOR BENEFITS DESCRIBED IN EITHER SUBSECTION
(l)(b) OR (l)(c) OF THIS SECTION IS PAID IF THE MEMBER:
(I) IS NOT ELIGIBLE FOR A NORMAL RETIREMENT PENSION UNDER AN
OLD HIRE PENSION ESTABLISHED PURSUANT TO ARTICLE 30.5 OF THIS TITLE
31 THAT PROVIDES FOR POSTRETIREMENT SURVIVOR BENEFITS TO A SPOUSE
AND DEPENDENT CHILDREN IN THE EVENT THE MEMBER DIES IN ACTIVE
SERVICE WHILE ELIGIBLE FOR NORMAL RETIREMENT; AND
(II) (A) IS NOT ELIGIBLE FOR THE NORMAL RETIREMENT PENSION
FROM A PLAN THAT IS PART OF THE DEFINED BENEFIT SYSTEM PURSUANT TO
SECTION 31-31-204; OR
(B) HASNOTREACHEDAGEFIFTY-FIVEWITHTWENTY-FIVEYEARSOF
ACCUMULATED SERVICE AS A MEMBER AND IS A PARTICIPANT UNDER THE
STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5 OF THIS ARTICLE
31 OR UNDER A LOCAL MONEY PURCHASE PLAN.
(b) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (l)(c) OF THIS
SECTION, ONE OF THE FOLLOWING SURVIVOR BENEFITS IS PAID IF THE
REQUIREMENTS OF SUBSECTION (l)(a) OF THIS SECTION ARE SATISFIED:
(I) WHEN THERE IS A SURVIVING SPOUSE AND NO DEPENDENT
CHILDREN, THEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(II) WHEN THERE IS A SURVIVING SPOUSE AND ONE DEPENDENT
CHILD, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(III) WHEN THERE IS A SURVIVING SPOUSE AND TWO OR MORE
DEPENDENT CHILDREN, THE MONTHLY BENEFIT IS FIFTY PERCENT OF THE
MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING
DEATH.
(IV) WHEN THERE IS NO SURVIVING SPOUSE AND THREE OR MORE
PAGE 21-SENATE BILL 26-039
DEPENDENT CHILDREN, THE MONTHLY BENEFIT IS FIFTY PERCENT OF THE
MONTHLY BASE SALARY PAID TO EACH MEMBER IMMEDIATELY PRECEDING
DEATH.
(V) WHEN THERE IS NO SURVIVING SPOUSE AND TWO DEPENDENT
CHILDREN, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
(VI) WHEN THERE IS NO SURVIVING SPOUSE AND ONE DEPENDENT
CHILD, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE
SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH.
( c) FOR SURVIVORS WHO BECOME ELIGIBLE FOR SURVIVOR BENEFITS
ON OR AFTER OCTOBER 15, 2002, ONE OF THE FOLLOWING SURVIVOR
BENEFITS IS PAID IF THE REQUIREMENTS OF SUBSECTION (l)(a) OF THIS
SECTION ARE SATISFIED:
(I) THE MONTHLY BENEFIT WHEN THERE IS A SURVIVING SPOUSE,
EITHER WITH OR WITHOUT CHILDREN, IS SEVENTY PERCENT OF THE MONTHLY
BASE SALARY BEING PAID TO SUCH MEMBER IMMEDIATELY PRECEDING
DEATH.
(II) THE MONTHLY BENEFIT WHEN THERE IS NO SURVIVING SPOUSE
BUT A SURVIVING CHILD OR CHILDREN IS:
(A) SEVENTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID
TO SUCH MEMBER IMMEDIATELY PRIOR TO DEATH IF THE CHILD OR CHILDREN
WERE LIVING IN THE MEMBER'S HOME AT THE TIME OF THE MEMBER'S DEA TH;
OR
(B) FORTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO
SUCH MEMBER IMMEDIATELY PRIOR TO DEA TH FOR ONE CHILD AND FIFTEEN
PERCENT FOR EACH ADDITIONAL CHILD; EXCEPT THAT THE TOTAL BENEFIT
RECEIVED SHALL NOT BE GREATER THAN SEVENTY PERCENT OF THE
MONTHLY BASE SALARY IF THE CHILD OR CHILDREN WERE NOT LIVING IN THE
MEMBER'S HOME AT THE TIME OF THE MEMBER'S DEATH.
(2) (a) ON OR AFTER OCTOBER 1, 2001, IF A MEMBER DIES WHILE IN
ACTIVE SERVICE AS THE DIRECT AND PROXIMATE RESULT OF A PERSONAL
INJURY SUSTAINED WHILE PERFORMING OFFICIAL DUTIES ORAS A RESULT OF
PAGE 22-SENATE BILL 26-039
AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSE OF THE
MEMBER'S EMPLOYMENT, AND IF SUCH MEMBER QUALIFIES FOR
LINE-OF-DUTY STATUS UNDER SECTION 101 (h) OF THE FEDERAL "INTERNAL
REVENUECODEOF 1986",ANDLEAVESASURVIVINGSPOUSEORDEPENDENT
CHILDREN, OR BOTH, ONE OF THE SURVIVOR BENEFITS DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION IS PAID IF THE MEMBER:
(I) IS ELIGIBLE FOR A NORMAL RETIREMENT PENSION UNDER AN OLD
HIRE PENSION ESTABLISHED PURSUANT TO ARTICLE 30.5 OF THIS TITLE 31
THATPROVIDESFORPOSTRETIREMENTSURVIVORBENEFITSTOASPOUSEAND
DEPENDENT CHILDREN IN THE EVENT THE MEMBER DIES IN ACTIVE SERVICE
WHILE ELIGIBLE FOR NORMAL RETIREMENT;
(II) IS ELIGIBLE FOR THE NORMAL RETIREMENT PENSION FROM A PLAN
THAT IS PART OF THE DEFINED BENEFIT SYSTEM PURSUANT TO SECTION
31-31-204; OR
(Ill) HAS REACHED AGE FIFTY-FIVE WITH TWENTY-FIVE YEARS OF
ACCUMULATED SERVICE AS A MEMBER AND IS A PARTICIPANT UNDER THE
STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5 OF THIS ARTICLE
31 -OR UNDER A LOCAL MONEY PURCHASE PLAN.
(b) ONE OF THE FOLLOWING SURVIVOR BENEFITS IS PAID IF THE
REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION ARE SATISFIED AND
IF THE SURVIVOR BENEFIT CURRENTLY RECEIVED PURSUANT TO SUBSECTION
(2)(a)(I), (2)(a)(II), OR (2)(a)(III) OF THIS SECTION IS LESS THAN SEVENTY
PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO THE MEMBER
IMMEDIATELY PRECEDING DEATH:
(I) THE MONTHLY BENEFIT TO BE PAID IN ADDITION TO THE MONTHLY
RETIREMENT BENEFIT OTHERWISE PAYABLE WHEN THERE IS A SURVIVING
SPOUSE, EITHER WITH OR WITHOUT CHILDREN, IS THE DIFFERENCE BETWEEN
SEVENTY PERCENT OF THE MONTHLY BASE SALARY PAID TO SUCH MEMBER
IMMEDIATELY PRECEDING DEATH AND THE AMOUNT PAYABLE PURSUANT TO
BENEFITS RECEIVED UNDER THE PLAN IDENTIFIED IN SUBSECTION (2)(a)(I),
(2)(a)(II), OR (2)(a)(III) OF THIS SECTION.
(II) THE MONTHLY BENEFIT TO BE PAID IN ADDITION TO THE
MONTHLY RETIREMENT BENEFIT OTHERWISE PAYABLE WHEN THERE IS NO
SURVIVING SPOUSE BUT THERE IS A SURVIVING CHILD OR CHILDREN IS:
PAGE 23-SENATE BILL 26-039
(A) IF THE CHILD OR CHILDREN WERE LIVING IN THE MEMBER'S HOME
AT THE TIME OF THE MEMBER'S DEA TH, THE DIFFERENCE BETWEEN SEVENTY
PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO SUCH MEMBER
IM MEDIATELY PRECEDING DEA TH AND THE AMOUNT PAY ABLE PURSUANT TO
BENEFITS RECEIVED UNDER THE PLAN IDENTIFIED IN SUBSECTION (2)(a)(I),
(2)(a)(II), OR (2)(a)(III) OF THIS SECTION; OR
(B) IF THE CHILD OR CHILDREN WERE NOT LIVING IN THE MEMBER'S
HOME AT THE TIME OF THE MEMBER'S DEATH, THE SUM OF FORTY PERCENT
OF THE MONTHLY BASE SALARY BEING PAID TO SUCH MEMBER IMM EDI A TEL Y
PRIOR TO DEA TH FOR THE FIRST CHILD PLUS FIFTEEN PERCENT FOR EACH
ADDITIONAL CHILD, THE TOTAL OF WHICH SHALL NOT BE GREATER THAN
SEVENTY PERCENT OF THE MONTHLY BASE SALARY LESS THE AMOUNT
PAYABLE PURSUANT TO BENEFITS RECEIVED UNDER THE PLAN IDENTIFIED IN
SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(Ill) OF THIS SECTION.
(3) THE BOARD SHALL ADOPT RULES THAT SPECIFY ST AND ARDS AND
ESTABLISH PROCEDURES FOR DETERMINING WHETHER A MEMBER'S DEATH IS
THE DIRECT AND PROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED
WHILE PERFORMING OFFICIAL DUTIES ORAN OCCUPATIONAL DISEASE ARISING
OUT OF AND IN THE COURSE OF A MEMBER'S EMPLOYMENT AND, IN THE CASE
OF A LINE-OF-DUTY DEATH, WHETHER ANY OF THE EXCEPTIONS SPECIFIED IN
SECTION 101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986",
ARE APPLICABLE. SUCH DECISIONS BY THE ASSOCIATION MAY BE APPEALED
THROUGH THE ADMINISTRATIVE REVIEW PROCEDURES SET FORTH IN THE
RULES ADOPTED BY THE BOARD AND SUCH FINAL DECISION BY THE
ASSOCIATION CAN ONLY BE REVIEWED BY PROPER COURT ACTION SUBJECT
TO RULE 106 (a)( 4) THE COLORADO RULES OF CIVIL PROCEDURE. THE BOARD
MAY APPOINT HEARING OFFICERS TO CONDUCT HEARINGS ON ANY ISSUE
RELATING TO SURVIVOR BENEFITS.
( 4) (a) THE BOARD SHALL ADOPT RULES THAT SPECIFY THE METHOD
OF REVIEWING EXISTING SURVIVOR BENEFIT A WARDS TO:
(I) DETERMINE WHETHER A MEMBER'S DEA TH WAS THE DIRECT AND
PROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED WHILE PERFORMING
OFFICIAL DUTIES OR AS A RESULT OF AN OCCUPATIONAL DISEASE ARISING
OUT OF AND IN THE COURSE OF THE MEMBER'S EMPLOYMENT;
(11) DETERMINE, IN THE CASE OF LINE-OF-DUTY DEATHS OCCURRING
PAGE 24-SENATE BILL 26-039
AFTER DECEMBER 31, 1996, WHETHER ANY OF THE EXCEPTIONS SPECIFIED
IN SECTION 101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF
1986", ARE APPLICABLE;
(III) ESTABLISH PROCEDURES FOR MAKING SUCH DETERMINATIONS
AND THE APPEALS THROUGH THE ADMINISTRATIVE REVIEW PROCEDURES,
INCLUDING THE APPOINTMENT OF HEARING OFFICERS TO CONDUCT
HEARINGS. FINAL DECISIONS BY THE ASSOCIATION CAN ONLY BE REVIEWED
BY PROPER COURT ACTION SUBJECT TO RULE 106 (a)(4) OF THE COLORADO
RULES OF CIVIL PROCEDURE.
(b) THE DETERMINATIONS MADE BY THE BOARD PURSUANT TO THIS
SUBSECTION ( 4) ARE MADE ON THE BASIS OF THE MEDICAL EVIDENCE THAT
WAS PREVIOUSLY SUBMITTED IN CONNECTION WITH THE APPLICATION FOR
SURVIVOR BENEFITS AND OTHER RELEVANT NONTESTIMONIAL EVIDENCE.
( c) ANY DECISION MADE BY THE BOARD TO CHANGE AN EXISTING
SURVIVOR BENEFIT A WARD TO AN ON-DUTY SURVIVOR BENEFIT UNDER THIS
SUBSECTION ( 4) OPERA TES ON A PROSPECTIVE BASIS FROM THE DATE OF THE
BOARD'S DECISION.
(5) ANY BENEFIT PROVIDED IN ACCORDANCE WITH THIS SECTION TO
THESURVIVINGSPOUSEORDEPENDENTCHILDOF A MEMBER WHO DIES WHILE
IN ACTIVE SERVICE TERM INA TES UPON THE DEA TH OF THE SURVIVING SPOUSE
OR UPON THE DEATH OR TERMINATION OF DEPENDENCY OF THE DEPENDENT
CHILD, AS APPLICABLE.
(6) (a) WHEN THERE IS A SURVIVING SPOUSE AND ONE DEPENDENT
CHILD RESIDING IN A SEPARATE HOUSEHOLD FROM THE SURVIVING SPOUSE,
THE SURVIVING SPOUSE RECEIVES TWO-THIRDS OF THE BENEFIT AND THE
CHILD RECEIVES THE BALANCE OF THE BENEFIT PURSUANT TO SUBSECTION
(1) OR (2) OF THIS SECTION.
(b) WHEN THERE IS A SURVIVING SPOUSE AND TWO OR MORE
DEPENDENT CHILDREN RESIDING IN A SEPARATE HOUSEHOLD FROM THE
SURVIVING SPOUSE, THE SURVIVING SPOUSE RECEIVES FIFTY PERCENT OF THE
BENEFIT AND THE CHILDREN RECEIVE THE BALANCE OF THE BENEFIT
PURSUANT TO SUBSECTION (1) OR (2) OF THIS SECTION.
( c) UPON THE TERMINATION OF THE BENEFIT PAY ABLE TO THE CHILD
PAGE 25-SENATE BILL 26-039
OR CHILDREN PURSUANT TO SUBSECTION (6)(a) OR (6)(b) OF THIS SECTION,
THE SURVIVING SPOUSE RECEIVES THE ENTIRE BENEFIT PURSUANT TO
SUBSECTION (1) OR (2) OF THIS SECTION.
(7) IF A SURVIVOR BENEFIT IS PAY ABLE FOR THE BENEFIT OF MORE
THAN ONE DEPENDENT CHILD OF THE MEMBER PURSUANT TO SUBSECTION ( 1)
OR (2) OF THIS SECTION AND THE DEPENDENT CHILDREN RESIDE IN SEP ARA TE
HOUSEHOLDS FROM EACH OTHER, THE CHILDREN'S BENEFIT IS DIVIDED
EQUALLY AMONG THE CHILDREN.
(8) IF A MEMBER DIES WHILE IN ACTIVE SERVICE AS THE DIRECT AND
PROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED WHILE PERFORMING
OFFICIAL DUTIES OR AS A RESULT OF AN OCCUPATIONAL DISEASE ARISING
OUT OF AND IN THE COURSE OF THE MEMBER'S EMPLOYMENT AND
OTHERWISE QUALIFIES FOR BENEFITS UNDER SUBSECTION (2) OF THIS
SECTION, BUT FALLS WITHIN ONE OR MORE OF THE EXCEPTIONS SPECIFIED IN
SECTION 101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986",
AND LEA YES A SURVIVING SPOUSE OR DEPENDENT CHILDREN, OR BOTH, SAID
SURVIVORS SHALL:
(a) RECEIVE BENEFITS AS ALLOWED UNDER SECTION 31-31-815; OR
(b) RECEIVE BENEFITS AS ALLOWED UNDER THE MEMBER'S NORMAL
RETIREMENT PLAN.
31-31-817. [Similar to former 31-31-808) Reduction of survivor
benefits.
(1) THE BENEFITS PAYABLE UNDER SECTIONS 31-31-815 AND
31-31-816 TO THE SURVIVING SPOUSE AND DEPENDENT CHILDREN OF ANY
MEMBER, WHO AT THE TIME OF THE MEMBER'S DEATH WAS A MEMBER OF A
MONEYPURCHASEPLANESTABLISHEDUNDERTHISARTICLEORARTICLE30.5
OF THIS TITLE 31, INCLUDING ANY DEPARTMENT CHIEF, WHO AT THE TIME OF
THE CHIEF'S DEA TH HAD BEEN EXEMPTED FROM THE ST ATE WIDE RETIREMENT
PLAN AS PERMITTED BY SECTION 31-31.5-203, ARE 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
PAGE 26-SENATE BILL 26-039
BENEFITS IF SUCH BENEFITS HAD BEEN FUNDED AT THE SAME RA TE OF
CONTRIBUTIONS SPECIFIED IN SECTION 31-31.5-301.
(2) THE BENEFITS PAY ABLE UNDER SECTIONS 31-31-815 AND
31-31-816 TO THE SURVIVING SPOUSE AND DEPENDENT CHILDREN OF ANY
MEMBER WHO ARE ALSO RECEIVING PAYMENTS FROM THE MEMBER'S
SE PARA TE RETIREMENT ACCOUNT PURSUANT TO SECTIONS 31-31-412 ( 1 )( c)
AND 31-31.5-304 (2)AREREDUCED BY AN AMOUNTTHATIS 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 31-31-815 AND
31-31-816 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 ARE
REDUCED BY THE AMOUNT OF THE DEFINED BENEFIT PAYMENTS TO BE
RECEIVED.
31-31-818. [Similar to former 31-31-809] Termination of
benefits.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 31-31-815 (2), ANY
BENEFIT PROVIDED IN ACCORDANCE WITH THIS PART 8 TO A SURVIVING
SPOUSE TERMINATES UPON THE DEATH OF THE SURVIVING SPOUSE. EXCEPT
AS OTHERWISE PROVIDED IN SECTION 31-31-815 (2), ANY BENEFIT PROVIDED
IN ACCORDANCE WITH THIS PART 8 TO A DEPENDENT CHILD TERMINATES
UPON THE DEATH OF THE DEPENDENT CHILD OR THE TERMINATION OF
DEPENDENCY OF THE DEPENDENT CHILD.
31-31-819. [Similar to former 31-31-811] Funding of death and
disability benefits.
(1) FOR MEMBERS WHO DIE OR ARE DISABLED ON OR AFTER JANUARY
1, 1980, THE DEATH AND DISABILITY BENEFITS PROVIDED TO ANY MEMBER
PURSUANT TO THIS PART 8 IS PAID FOR BY STATE MONEY TRANSFERRED TO
THE FIRE AND POLICE MEMBERS' BENEFIT INVESTMENT FUND CREATED BY
SECTION 31-31-301 (l)(a), SUBJECT TO THE LIMITATIONS IMPOSED BY THIS
SECTION. MONEY IN THE DISABILITY AND DEATH BENEFITS TRUST FUND
PAGE 27-SENATE BILL 26-039
CREA TED BY SECTION 31-31-821 SHALL NOT BE USED FOR ANY PURPOSE
OTHER THAN THE PAYMENT OF THE DEATH AND DISABILITY BENEFITS
ESTABLISHED BY THIS PART 8.
(2) THE BOARD SHALL SUBMIT AN ANNUAL ACTUARIAL VALUATION
REPORT DATED JANUARY 1 OF THE YEAR IN WHICH THE REPORT IS
SUBMITTED, REGARDING THE BENEFIT LIABILITIES ACCRUED UNDER THIS
PART 8 TO THE STATE AUDITOR, THE LEGISLATIVE AUDIT COMMITTEE, AND
THEJOINTBUDGETCOMMITTEEOFTHEGENERALASSEMBLY, TOGETHER WITH
ANY RECOMMENDATIONS CONCERNING SUCH LIABILITIES AS ACCRUED.
(3) (a) To ENSURETHATTHERE IS SUFFICIENT MONEY TO PAY DEATH
AND DISABILITY BENEFITS FOR MEMBERS HIRED BEFORE JANUARY 1, 1997,
THE ST ATE TREASURER SHALL ISSUE WARRANTS TO THE FIRE AND POLICE
PENSION ASSOCIATION ON JULY 1, 2022, AND JULY 1, 2023, IN AN AMOUNT
EQUAL TO SIX MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS FOR EACH
WARRANT ANDON JULY 1,2025, AND EVERY JULY 1 THEREAFTER THROUGH
JULY 1, 2059, IN AN AMOUNT EQUAL TO TWO MILLION FIFTY THOUSAND
DOLLARS FOR EACH WARRANT. THE WARRANT ISSUED ON JULY 1,2022, IS TO
BE PAID FROM THE GENERAL FUND, AND THE REMAINING WARRANTS ARE TO
BE PAID FROM THE DEATH AND DISABILITY PAYMENT CASH FUND CREATED
IN SUBSECTION (3)(b) OF THIS SECTION . THE BOARD SHALL DEPOSIT THIS
MONEY IN THE ST A TE WIDE DEA TH AND DISABILITY TRUST FUND CREA TED IN
SECTION 31-31-821.
(b) (I) THE DEA TH AND DISABILITY PAYMENT CASH FUND IS CREA TED
IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO
THE FUND IN ACCORDANCE WITH SUBSECTIONS (3 )(b )(II) AND (3 )(b )(Ill) OF
THIS SECTION. IN ACCORDANCE WITH SECTION 24-36-114 (1), THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE GENERAL FUND.
THE STATE TREASURER SHALL USE THE MONEY IN THE FUND FOR THE
WARRANTS ISSUED ON JULY 1, 2023, JULY 1, 2025, AND EVERY JULY 1
THEREAFTER THROUGH JULY 1, 2059, IN ACCORDANCE WITH SUBSECTION (3)
OF THIS SECTION.
(II) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER SIX
MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL FUND
TO THE DEA TH AND DISABILITY PAYMENT CASH FUND CREA TED IN
SUBSECTION (3) OF THIS SECTION.
PAGE 28-SENATE BILL 26-039
(Ill) ON JULY 1, 2025, AND EVERY JULY 1 THEREAFTER THROUGH
JULY 1, 2059, THE STATE TREASURER SHALL TRANSFER TWO MILLION FIFTY
THOUSAND DOLLARS FROM THE GENERAL FUND TO THE DEATH AND
DISABILITY PAYMENT CASH FUND CREATED IN SECTION (3)(b)(I) OF THIS
SECTION.
(4) fOREACHMEMBERHIREDONORAFTERJANUARY 1, 1997, WHO
IS ELIGIBLE FOR THE DEATH AND DISABILITY COVERAGE PROVIDED BY THIS
PART 8, A CONTRIBUTION SHALL BE MADE TO THE DEATH AND DISABILITY
ACCOUNT IN THE FUND FOR THE YEAR 2021 IN AN AMOUNT NOT GREATER
THAN THREE PERCENT OF THE MEMBER'S SALARY. THEREAFTER, THE BOARD,
BASED ON AN ANNUAL ACTUARIAL VALUATION, MAY ADJUST THE
CONTRIBUTION RA TE EVERY YEAR, BUT IN NO EVENT MAY THE ADJUSTMENT
FOR ANY ONE-YEAR PERIOD EXCEED TWO-TENTHS OF ONE PERCENT OF THE
MEMBER'S SALARY. ANY EMPLOYER AND ANY LOCAL PENSION BOARD OR
AUTHORITY SHALL PROVIDE SUCH INFORMATION AS MAY BE REQUIRED BY
THE BOARD IN ORDER TO COMPLETE THE ANNUAL ACTUARIAL VALUATIONS.
THE ACTUARY APPOINTED BY THE BOARD MAY USE EITHER THE ENTRY
AGE-NORMAL COST METHOD OR THE AGGREGATE COST METHOD FOR
PURPOSES OF THE STUDY REQUIRED BY THIS SUBSECTION ( 4 ). ANY
UNFUNDED ACCRUED LIABILITY SHALL BE FUNDED OVER A PERIOD NOT TO
EXCEED THIRTY YEARS. THE ACTUARIAL STUDY SHALL NOT INCLUDE ANY
CONSIDERATION OF A COST OF LIVING ADJUSTMENT TO BENEFITS A WARDED
TO MEMBERS WHO ARE OCCUPATIONALLY DISABLED. PAYMENTS SHALL BE
MADE BY THE EMPLOYER AND ARE DUE NO LATER THAN TEN DAYS
FOLLOWING THE DATE OF PAYMENT OF SALARY TO THE MEMBER. THE
PAYMENTS REQUIRED BY THIS SECTION ARE SUBJECT TO INTEREST IF NOT
SUBMITTED WHEN DUE. ANY DECISION REGARDING WHETHER THE
CONTRIBUTION REQUIRED BY THIS SUBSECTION ( 4) ARE ASSESSED AGAINST
THE EMPLOYER OR THE MEMBER, OR SHALL IN SOME MANNER BE ASSESSED
JOINTLY AGAINST THE EMPLOYER AND THE MEMBER, WILL BE MADE AT THE
LOCAL LEVEL USING THE USUAL PROCESS FOR DETERMINING EMPLOYEE
BENEFITS. IF IT IS NOT ALREADY PART OF THE USUAL PROCESS FOR
DETERMINING EMPLOYEE BENEFITS, THE EMPLOYER SHALL CONFER WITH THE
EMPLOYEES OR THEIR REPRESENTATIVE PRIOR TO MAKING A DETERMINATION
ON HOW THE CONTRIBUTION WILL BE ASSESSED.
31-31-820. [Similar to former 31-31-812] Military leave of
absence.
PAGE 29-SENATE BILL 26-039
( 1) AUTHORIZED LEA VE OF ABSENCE INCLUDES LEA VE 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 LEA VE OF ABSENCE;
(b) ASSESSMENT OF COSTS FOR COVERAGE DURING THE LEA VE OF
ABSENCE; AND
( c) ANY OTHER MATTER THAT THE BOARD DEEMS NECESSARY FOR
COVERAGE UNDER THE ST A TEWIDE DEA TH AND DISABILITY PLAN.
(2) THE BENEFITS PAY ABLE TO THE MEMBER, THE SURVIVING SPOUSE
OF THE MEMBER, AND THE DEPENDENT CHILDREN OF THE MEMBER PURSUANT
TO THIS PART 8 ARE 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 LEA VE FOR
MILITARY SERVICE WHETHER THE BENEFITS ARE PAID ON A PERIODIC BASIS
OR IN A LUMP SUM.
31-31-821. [Similar to former 31-31-813] Statewide death and
disability trust fund -created.
( 1) THERE IS CREATED A DISABILITY AND DEATH BENEFITS TRUST
FUND WITHIN THE ASSOCIATION INTO WHICH CONTRIBUTIONS FOR DEATH
AND DISABILITY BENEFITS, INCLUDING STATE CONTRIBUTIONS MADE
PURSUANT TO SECTION 31-31-819 ARE DEPOSITED. THE BENEFITS PROVIDED
BY THIS PART 8, TOGETHER WITH THE EXPENSES OF ADMINISTERING SAID
PART, ARE 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.
31-31-822. [Similar to former 31-31-814] Suspension and
termination of benefits for noncompliance.
IF A MEMBER REFUSES TO SUBMIT TO A MEDICAL EXAMINATION
REQUIRED BY THE ASSOCIATION AND AUTHORIZED BY THIS PART 8, FAILS TO
PAGE 30-SENATE BILL 26-039
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 ARE SUSPENDED, AND
ALL RIGHTS TO BENEFITS THAT ACCRUE AND BECOME PAY ABLE DURING THE
PERIOD OF SUCH REFUSAL OR OBSTRUCTION ARE BARRED. IF THE MEMBER
CONTINUES TO REFUSE TO SUBMIT TO THE EXAMINATION OR TO PROVIDE THE
ADDITIONAL INFORMATION AFTER DIRECTION BY THE ASSOCIATION OR ITS
HEARING OFFICER OR IN ANYWAY OBSTRUCTS THE SAME, THE BOARD SHALL
TERMINATE THE BENEFIT.
31-31-823. [Similar to former 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.
SECTION 2. In Colorado Revised Statutes, amend 31-31-101 as
follows:
31-31-101. Legislative declaration.
The general assembly hereby declares that the establishment of
police officers' and firefighters' pension plans in this state is a matter of
statewide concern that affects the public safety and general welfare, that the
ability of pension funds to pay earned benefits to present and future
members is a necessary corollary to the establishment of pension plans, and
that statewide pension plans establishing pension benefits that can be fully
funded with local moneys will permit the continuation of pension plans for
police officers and firefighters in this state. In addition, the general
assembly declares that any pension plan must be actuarially sound in order
to assure the security of the pension system and that this article is enacted
to provide for the stability and security of police officers' and firefighters'
pension plans in this state. The general assembly further declares that state
moneys MONEY provided to municipalities, fire protection districts, and
county improvement districts do not constitute a continuing obligation of
the state to participate in the ongoing normal costs of pension plan benefits,
PAGE 31-SENATE BILL 26-039
except for state funding of death and disability RETIREMENT benefits as
specified in this article, but are provided in recognition that the local
governments are currently burdened with financial obligations relating to
pensions in excess of their present financial capacities. It is the intent of the
general assembly in providing state moneys MONEY to assist the local
governments that state participation decrease annually, terminating at the
earliest possible date.
SECTION 3. In Colorado Revised Statutes, 31-31-102, amend (2)
as follows:
31-31-102. Definitions.
As used in this article 31, unless the context otherwise requires:
(2) "Board" means the board of directors established as the
governing body of the fire and police pension association as provided in
section 31-31-201 (2). "BOARD" INCLUDES REPRESENTATIVES OF THE
ASSOCIATION AS DELEGATED BY THE BOARD.
SECTION 4. In Colorado Revised Statutes, 31-31-202, amend
(l)(c) and (l)U); repeal (2); add (1)(1); and add with amended and
relocated provisions (l)(m) as follows:
31-31-202. Powers and duties of the board.
( 1) The board shall:
( c) Establish criteria for the determination of disability to administer
the provisions of section 31-31-803 PART 8 OF THIS ARTICLE 31;
U) Promulgate ADOPT such rules as may be necessary to implement
the provisions of this article ARTICLE 31, and article 30.5,ANDARTICLE31.5
of this title TITLE 31;
(1) DELEGATE ANY AUTHORITY TO THE EXECUTIVE DIRECTOR,
OFFICERS, COMMITTEES, OR OTHER CONTRACTORS AS IT DEEMS APPROPRIATE
FOR THE ADMINISTRATION OF THE PLANS;
(m) [Formerly 31-31-202 (2)] The board has the sole power to
PAGE 32-SENATE BILL 26-039
Determine eligibility for retirement for disability, whether total or
occupational, for any police officer or firefighter in this state whether or not
such member is covered by the provisions of this article, IN ACCORDANCE
WITH THE RULES ADOPTED BY THE BOARD PURSUANT TO SUBSECTION ( 1 )G)
OF THIS SECTION, except for the following:
(I) Those police officers and firefighters having social security
coverage and not affiliated as to disability; and
(II) Those police officers and firefighters whose employers have
established exempt alternative pension plans, including exempt alternative
defined benefit plans that are administered on an actuarially sound basis,
based upon assumptions and methodology adopted by the board for
statewide use, on or before December 1, 1978, in accordance with the
provisions of part 8 of article 30.5 of this title, unless such plans have
elected to become covered under the statewide death and disability plan
pursuant to section 31-31-802 (1) PART 8 OF THIS ARTICLE 31.
(II) Except as prnvided ir1 this subsection (2), the final power to
deter mine disability status is vested in the board, but each employ er shall
deternrine whethet positions ate available fut disabled membets and shall
make such appointments to such positions as it deems necessary.
(2) (a) The boatd has the sole powet to deternrine eligibility f-or
1eti1ement f-or disability, whether total OI occupational, f-or any police
officet 01 firefighter in this state whether or not such member is covered by
the pm visions of this article, except for the following.
(I) Those police officers and fit efighter s having social seem icy
cover age and not affiliated as to disability, and
(II) Those police officers and firefighters whose employers have
established exempt alternative pension plans, including exempt alternative
defined benefit plans that are administered on an actuarially sound basis,
based upon assumptions and nrethodology adopted by the board f-or
statewide use, on 01 before Deceinber 1, 1978, in accordance with the
pm visions of part 8 of article 30.5 of this title, unless such plans have
elected to become covered under the statewide death and disability plan
pmsuant to section 31-31-802 (l).
PAGE 33-SENATE BILL 26-039
(b) Except as prnvided in this subsection (2), the final power to
determine disabiliey status is vested in the board, but each employer shall
determine whether positions ate available for disabled mernbers and shall
make such appointments to such positions as it deems necessary.
SECTION 5. In Colorado Revised Statutes, 31-31-501, amend
(6)(b)(IV) as follows:
31-31-501. Withdrawal into statewide money purchase plan.
( 6) (b) (IV) If members who have made such an election die or
become disabled prior to termination of employment, neither they nor their
survivors shall be eligible for benefits under the statewide retirement plan,
but rather they shall be limited to those benefits provided in sections
31-31-803, 31-31-807, and 31-31-807.5 PART 8 OF THIS ARTICLE 31.
SECTION 6. In Colorado Revised Statutes, 31-31.5-203, amend
(3) as follows:
31-31.5-203. Department chief - exemption by written
agreement -definition.
(3) A department chief exempted FROM THE STATEWIDE RETIREMENT
PLAN pursuant to subsection (1) of this section may maintain coverage for
disability and survivor benefits under part 8 of article 31 of this title 31 if
the department chief participates in the statewide money purchase plan. the
statewide retirement plan, or a local tnoney purchase plan that is qualified
under section 401 (a) of the federal "Internal Re'\ienue Code of 1986" and
that has a contribution rate of not less than eighteen per cent
SECTION 7. In Colorado Revised Statutes, 31-31.5-401, amend
(2)(b) and (4) as follows:
31-31.5-401. Vesting and benefit eligibility.
(2) A member is eligible for a normal retirement when:
(b) The member has attained age fifty, the member's combined age
and years of accrued service is equal to at least eighty, and the member is
not receiving benefits pursuant to section 31-31-803 PART 8 OF ARTICLE 31
PAGE 34-SENATE BILL 26-039
OF THIS TITLE 31.
( 4) An active or inactive vested member who is not eligible for
normal retirement, who has attained age fifty, who is not receiving or has
terminated benefits pursuant to section 31-31-803 PART 8 OF ARTICLE 31 OF
THIS TITLE 31, and who has terminated employment is eligible for an early
retirement pension. The early retirement pension for a member is the benefit
that the member would have received at age fifty-five reduced on an
actuarial equivalent basis to reflect the early receipt of the benefit as
determined by the board.
SECTION 8. In Colorado Revised Statutes, 33-4-104.5, amend (2)
as follows:
33-4-104.5. Free licenses issued - first responders with a
permanent occupational disability -definition.
(2) For purposes of this section, "first responder with a permanent
occupational disability" means an individual who is a resident, as defined
in section 33-1-102 (38), and:
(a) Is a retired member of the fire and police pension association, as
defined in section 31-31-102 ( 6), who has established to the division that he
or she has been found to have, as the result of an injury received while
performing official duties or an occupational disease arising out of and in
the course of performing official duties, a permanent occupational
disability, as defined in section 31-31-801 (3.2) SECTION 31-31-802, by the
fire and police pension association; or
(b) Served as a peace officer, as defined in section 16-2.5-101, or as
a firefighter, as defined in section 29-5-203 ( 10), and has established to the
division that he or she has, as the result of an injury received while
performing official duties or an occupational disease arising out of and in
the course of performing official duties, a permanent occupational disability
as defined in section 31-31-801 (3 .2) SECTION 31-31-802.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
PAGE 35-SENATE BILL 26-039
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
cch~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessemy
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED OV\ M°"'~(,\'1 ~f(d "t~ lifUp °'-t \l :000\'W'I
(Date and Time)
Jared S. P
GOVERN
PAGE 36-SENATE BILL 26-039