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ColoradoSB26-0392026 Regular SessionSenateWALLET

Fire and Police Pension Association Disability and Survivor Benefits

Sponsored By: Andrew Boesenecker (Democratic), Byron Pelton (Republican), Marc Snyder (Democratic), Rick Taggart (Republican)

Signed by Governor

Local GovernmentState Government

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 4 benefits, 5 costs, 6 mixed.

Higher disability payments for qualifying public workers

Within five years of the applicable disability finding or original disablement date, the Association can order another medical review. A total-disability finding raises occupational disability payments to the total-disability level: 70% of annual base salary before retirement. Total-disability payments increase by 3% of the original benefit for each full year, after at least 12 calendar months of payments. Moving from occupational to total disability does not create retroactive increases for the earlier occupational-disability period.

Disability eligibility limits for police and firefighters

Covered members must file the approved disability application within 365 days after their last covered payroll day. Normal-retirement eligibility, deferred-retirement participation, or age 55 with 25 years in a money purchase plan blocks eligibility. New hires must provide a complete health history before employment. Disabilities caused by pre-existing permanent conditions are excluded; concealing a health condition that caused the disability can also disqualify members. Exempt department chiefs retain coverage only while participating in the statewide money purchase plan.

Disability recipients face exams and training requirements

Members must attend required medical exams and provide information needed to check benefit eligibility. Refusing exams, withholding information, or blocking access suspends benefit rights; payments coming due during that period are barred. Continued refusal after an Association or hearing-officer directive requires the Board to end benefits. The Association can also require permanent occupational disability recipients to complete suitable rehabilitation or retraining.

Lower payments when total disability ends

Medical review or other evidence can show that a member can again do substantial paid work. When total disability ends, the Association changes the member's status to permanent occupational disability. The standard benefit drops from 70% to 50% of annual base salary.

Police and fire reemployment ends disability payments

Disability payments stop when a recipient takes a qualifying salaried police or fire protection job in any jurisdiction. This applies before the Association determines that occupational disability has ended. The full-time job must normally involve at least 1,600 hours per calendar year and directly involve police or fire protection. A later disability application counts as a new application.

Line-of-duty survivor checks and family sharing rules

For qualifying duty-related active-service deaths, spouses becoming eligible on or after October 15, 2002 receive 70% of last monthly base salary. Without a spouse, children in the member's home receive 70%; children outside receive 40% plus 15% per additional child, capped at 70%. Supplemental payments bring qualifying lower survivor benefits to 70%, subject to plan and retirement-status eligibility. Some otherwise-qualifying survivors retain access despite specified federal tax-code exceptions. For covered line-of-duty benefits, a spouse gets two-thirds when one child lives separately, or half with two or more; children share the balance equally when living apart, and the spouse gets all when child benefits end.

Return-to-work rights with disability payment limits

After occupational disability ends, employers must restore members to an available former job, equal-base-pay job, or another job they accept. Benefits stop upon return or refusal of a former or equal-base-pay job, but not merely for refusing a different, lower-paid job. Without a suitable vacancy, members retain benefits and first refusal rights for vacancies within five years of original disablement. Employers refusing to honor those rights must pay benefit costs. Employers must hold an accepted position open during required certification efforts; benefits continue for up to one year but stop for refusal or failure to qualify.

Survivor checks and limits for worker families

After an eligible member dies in active service or on temporary occupational disability, spouses and dependent children receive non-line-of-duty survivor payments. Payments equal 40% of last monthly base salary for a spouse alone, spouse with one child, or one or two children alone. The rate is 50% for a spouse with two or more children, or three or more children alone. When spouse and children live apart, the spouse gets 25% of salary; children share the remaining benefit equally if they live apart. Specified normal-retirement coverage and money-purchase age-55-with-25-years exclusions apply; spouse payments end at death and child payments end at death or loss of dependency, subject to the stated exception.

Temporary disability counts toward worker retirement

Time on temporary occupational disability counts toward normal retirement's age and service rules. Members reaching those requirements move to normal retirement, and temporary disability payments end. Returning to active service also triggers a retirement-plan transfer and service credit for months receiving temporary disability. The transfer uses monthly employer and employee contributions, capped at 16% of monthly base salary at disability retirement. Employers must cover the stated shortfall when the applicable plan requires contributions above 16%.

Annual payment increases for surviving families

The Board reviews survivor payments each year, with the new amount effective October 1 for the next 12 months. After at least 12 calendar months of payments, it can increase the original benefit by up to 3% per full year. The Board decides the actual increase. This review replaces any other annual cost-of-living increase.

Retirement payments reduce family survivor checks

Covered line-of-duty survivor benefits are reduced when spouses or children also receive money from the member's money purchase plan. The reduction uses a calculated equivalent value for regular payments or lump sums, capped by the statutory contribution-rate limit. Payments from specified separate retirement accounts also reduce survivor benefits using their calculated equivalent value. Payments from statewide or local Colorado fire or police defined-benefit pensions reduce survivor checks dollar for dollar.

Military leave coverage with benefit offsets

Members can retain death and disability coverage during military service leave authorized by the Board. Board rules set leave-length limits and how coverage costs are assessed. Military benefits received because of death or disability during that leave reduce plan payments to members or survivors. The reduction uses a calculated equivalent value of military payments, including lump sums.

Simpler disability reviews for public workers

The Association no longer must obtain three independent medical exams for every disability applicant. It can consider relevant evidence, including physician reports, with advice from a medical advisor hired by the Board. The Board can also set an appeal process that does not require review by the Board itself.

State funding supports older workers' benefits

The state funds death and disability benefits for members hired before January 1, 1997. The payment schedule provides $6.65 million on July 1, 2022 and again on July 1, 2023. It provides $2.05 million each July 1 from 2025 through 2059, totaling $85.05 million across the schedule. The 2022 payment comes from the General Fund; later payments come from the Death and Disability Payment Cash Fund. The Association deposits these payments in the statewide death and disability trust fund.

Contributions fund newer public workers' coverage

Employers must contribute for eligible members hired on or after January 1, 1997, supporting death and disability coverage. The 2021 contribution cap was 3% of salary; later annual rate changes cannot exceed 0.2 percentage points. The Board bases adjustments on annual financial reviews, and unfunded benefit obligations must be paid off within 30 years. Employers must pay within 10 days after payroll or face interest. Local cost-sharing decisions can divide contributions between employers and members, after employers consult members or their representatives.

Sponsors & Cosponsors

Sponsors

  • Andrew Boesenecker

    Democratic • House

  • Byron Pelton

    Republican • Senate

  • Marc Snyder

    Democratic • Senate

  • Rick Taggart

    Republican • House

Cosponsors

  • Bob Marshall

    Democratic • House

  • Brianna Titone

    Democratic • House

  • Chad Clifford

    Democratic • House

  • Cecelia Espenoza

    Democratic • House

  • Eliza Hamrick

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jarvis Caldwell

    Republican • House

  • Jamie Jackson

    Democratic • House

  • Julie McCluskie

    Democratic • House

  • Jacque Phillips

    Democratic • House

  • Jenny Willford

    Democratic • House

  • Kenny Nguyen

    Democratic • House

  • Katie Stewart

    Democratic • House

  • Michael Carter

    Democratic • House

  • Monica Duran

    Democratic • House

  • Meg Froelich

    Democratic • House

  • Mandy Lindsay

    Democratic • House

  • Manny Rutinel

    Democratic • House

  • Naquetta Ricks

    Democratic • House

  • Regina English

    Democratic • House

  • Ryan Gonzalez

    Republican • House

  • Rebekah Stewart

    Democratic • House

  • Ron Weinberg

    Republican • House

  • Sean Camacho

    Democratic • House

  • Sheila Lieder

    Democratic • House

  • Ty Winter

    Republican • House

  • Cathy Kipp

    Democratic • Senate

  • Chris Kolker

    Democratic • Senate

  • Dylan Roberts

    Democratic • Senate

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • Jeff Bridges

    Democratic • Senate

  • John Carson

    Republican • Senate

  • James Coleman

    Democratic • Senate

  • Julie Gonzales

    Democratic • Senate

  • Janice Marchman

    Democratic • Senate

  • Kyle Mullica

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Matt Ball

    Democratic • Senate

  • Tony Exum

    Democratic • Senate

  • William Lindstedt

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 186 • No: 7

Senate vote • 3/24/2026

House amendments: Concur

Yes: 34 • No: 0

Senate vote • 3/24/2026

House amendments: Repass

Yes: 34 • No: 0

House vote • 3/23/2026

Third reading: Bill

Yes: 63 • No: 1

House vote • 3/12/2026

Refer Senate Bill 26-039, as amended, to the Committee of the Whole.

Yes: 10 • No: 0

House vote • 3/12/2026

Adopt amendment L.002

Yes: 4 • No: 6

Senate vote • 2/10/2026

Third reading: Bill

Yes: 32 • No: 0

Senate vote • 2/3/2026

Refer Senate Bill 26-039 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Yes: 9 • No: 0

Actions Timeline

  1. Governor Signed

    4/6/2026House

  2. Sent to the Governor

    3/27/2026House

  3. Signed by the President of the Senate

    3/26/2026Senate

  4. Signed by the Speaker of the House

    3/26/2026House

  5. Senate Considered House Amendments - Result was to Concur - Repass

    3/24/2026Senate

  6. House Third Reading Passed - No Amendments

    3/23/2026House

  7. House Second Reading Special Order - Passed with Amendments - Committee, Floor

    3/20/2026House

  8. House Second Reading Laid Over Daily - No Amendments

    3/17/2026House

  9. House Committee on Finance Refer Amended to House Committee of the Whole

    3/12/2026House

  10. Introduced In House - Assigned to Finance

    2/11/2026House

  11. Senate Third Reading Passed - No Amendments

    2/10/2026Senate

  12. Senate Second Reading Passed - No Amendments

    2/9/2026Senate

  13. Senate Second Reading Laid Over to 02/09/2026 - No Amendments

    2/6/2026Senate

  14. Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole

    2/3/2026Senate

  15. Introduced In Senate - Assigned to Finance

    1/27/2026Senate

Bill Text

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