Title 31, Government - Municipal
0 chapters · 923 sections in this title.
Colo. Rev. Stat. § 31-31-1002 Volunteer firefighter pension plans study. (Repealed)
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Source: L. 2015: Entire section added, (SB 15-029), ch. 285, p. 1168, � 1, effective June 5. L. 2018: Entire section repealed, (SB 18-200), ch. 370, p. 2264, � 30, effective June 4. Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Sess…
Colo. Rev. Stat. § 31-31-101 Legislative declaration
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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 a…
Colo. Rev. Stat. § 31-31-102 Definitions
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As used in this article 31, unless the context otherwise requires: (1) Actuarially sound means a police officers' or firefighters' pension fund determined by the board to be receiving or scheduled to receive employer and member contributions in each fiscal year equal to the annua…
Colo. Rev. Stat. § 31-31-1103 Entry into the statewide defined benefit plan. (Repealed)
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Source: L. 2003: Entire part added, p. 739, � 1, effective August 6. L. 2006: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e)(III), and (1)(f)(I) amended and (1)(c.5) added, p. 304, � 2, effective August 7. L. 2017: (1)(c) and (1)(c.5)(I) amended, (SB 17-020), ch. 23, p. 71, � 8, effectiv…
Colo. Rev. Stat. § 31-31-1104 Merger into the statewide retirement plan
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(1) (a) On or about January 1, 2023, the assets and liabilities of the statewide hybrid plan shall merge into the statewide retirement plan created pursuant to article 31.5 of this title 31. (b) The statewide hybrid plan members defined benefit account assets shall be transferred…
Colo. Rev. Stat. § 31-31-1201 Review of award of benefits and benefit payments
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(1) At any time, the board may review an award of benefits or a benefit payment under any benefit plan in the defined benefit system, the statewide money purchase plan, or the statewide death and disability plan for the purpose of determining whether there has been fraud, an over…
Colo. Rev. Stat. § 31-31-1202 Collection of overpaid benefits
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(1) The board shall institute practices and procedures as it deems necessary to collect money due a plan administered by the fire and police pension association as determined in section 31-31-1201, including but not limited to withholding subsequent benefit payments to which the …
Colo. Rev. Stat. § 31-31-1203 False statement - felony
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If, for the purpose of obtaining any order, benefit, award, compensation, or payment pursuant to articles 30, 30.5, and 31 of this title 31, either for self-gain or for the benefit of any other person, a person willfully makes a false statement or representation material to the c…
Colo. Rev. Stat. § 31-31-201 Association - creation - board - organization - tax exemption
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(1) There is hereby created an independent public body corporate and politic to be known as the fire and police pension association. The association is constituted as a public instrumentality, and its exercise of the powers conferred by this article and article 30.5 of this title…
Colo. Rev. Stat. § 31-31-202 Powers and duties of the board
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(1) The board shall: (a) Establish standards for determining the actuarial soundness of: (I) The pension plans in the defined benefit system and the affiliated old hire plans and the affiliated exempt plans with assets in the fire and police members' benefit investment fund, in a…
Colo. Rev. Stat. § 31-31-203 Fund not subject to levy
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Except for assignments for child support debt pursuant to section 14-14-104, child support arrearages as requested as part of an enforcement action under article 5 of title 14, or child support arrearages that are the subject of enforcement services provided under section 26-13-1…
Colo. Rev. Stat. § 31-31-204 Defined benefit system
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(1) There shall be a defined benefit system that shall consist of the following plans: (a) The statewide retirement plan established pursuant to article 31.5 of this title 31; (b) Repealed. (c) Any exempt plan that is incorporated into the defined benefit system, pursuant to an a…
Colo. Rev. Stat. § 31-31-205 Confidentiality of members' protected personal information
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All information contained in records of active members, retired members, former members, inactive members, designated beneficiaries, alternate payees, benefit recipients, and their dependents of any plan administered by the association or of any locally administered and financed …
Colo. Rev. Stat. § 31-31-301 Investment funds - creation
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(1) (a) There is hereby created the fire and police members' benefit investment fund, which shall consist of the portion of the assets that are designated for investment by the board of the following plans: (I) The defined benefit system established in part 2 of this article; (II…
Colo. Rev. Stat. § 31-31-302 Fund - management - investment - definitions
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(1) (a) The board shall be the trustee of the fire and police members' benefit investment fund and shall have full and unrestricted discretionary power and authority to invest and reinvest such portions of the fund as in its judgment may not be immediately required for the paymen…
Colo. Rev. Stat. § 31-31-401 Applicability of plan
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(1) Every employer in this state shall provide the pension benefits of the statewide retirement plan established by part 31.5 of this title 31 for members hired on or after April 8, 1978, except for the following: (a) Any employer that began covering members under the federal Soc…
Colo. Rev. Stat. § 31-31-402 Employer and member contributions - repeal. (Repealed)
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Source: L. 96: Entire article added with relocations, p. 903, � 1, effective May 23. L. 2000: (1) amended, p. 1865, � 89, effective August 2; (4) amended, p. 45, � 1, effective August 2. L. 2006: (1), (2), and (3) amended and (5) added, p. 189, � 14, effective March 31. L. 2007: …
Colo. Rev. Stat. § 31-31-407 Adjustment of benefits - repeal. (Repealed)
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Source: L. 96: Entire article added with relocations, p. 910, � 1, effective May 23; (2) amended, p. 1340, � 3, effective June 1. L. 2002: (1), (2), and (4) amended, p. 173, � 2, effective October 1. L. 2008: (1), (2), and (3) amended and (5) added, p. 13, � 1, effective August 5…
Colo. Rev. Stat. § 31-31-408 Modification of state plan by the board - repeal. (Repealed)
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Source: L. 96: Entire article added with relocations, p. 911, � 1, effective May 23. L. 2010: (1)(b), (3), (4), and (5) amended and (1.5) added, (SB 10-022), ch. 18, p. 84, � 4, effective August 11. L. 2012: IP(1) amended, (HB 12-1031), ch. 68, p. 236, � 2, effective August 8. L.…
Colo. Rev. Stat. § 31-31-409 Qualification requirements - internal revenue code. (Repealed)
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Source: L. 96: Entire article added with relocations, p. 912, � 1, effective May 23. L. 98: (2)(f), (2)(i), and (2)(j) amended and (2)(k) added, p. 25, � 4, effective March 16. L. 2006: Entire section repealed, p. 192, � 17, effective March 31. Editor's note: This section was for…
Colo. Rev. Stat. § 31-31-410 Purchased or rolled-over service credit - repeal. (Repealed)
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Source: L. 99: Entire section added, p. 35, � 1, effective January 1, 2000. L. 2002: IP(1), (1)(c), and (1)(d) amended and (2.5) added, p. 53, � 1, effective January 1, 2003. L. 2015: Entire section amended, (SB 15-025), ch. 7, p. 15, � 1, effective August 5. L. 2021: (2)(b) amen…
Colo. Rev. Stat. § 31-31-412 Merger into the statewide retirement plan
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(1) (a) On or about January 1, 2023, the assets and liabilities of the statewide defined benefit plan shall merge into the statewide retirement plan created pursuant to article 31.5 of this title 31. (b) Statewide defined benefit assets held in the actuarial account pursuant to t…
Colo. Rev. Stat. § 31-31-501 Withdrawal into statewide money purchase plan
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(1) Any employer may withdraw from its participation in the statewide retirement plan established by article 31.5 of this title 31 for the sole purpose of electing participation in the statewide money purchase plan created pursuant to the authority granted in section 31-31-502. (…
Colo. Rev. Stat. § 31-31-502 Statewide money purchase plan - creation - management
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(1) The board shall develop, maintain, and amend a statewide money purchase plan document that is intended to comply with the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans. As used in this subsection (1), int…
Colo. Rev. Stat. § 31-31-701 Affiliation by old hire pension plans
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(1) Any employer may elect affiliation with the association relating to an old hire fire or police pension plan that it has established pursuant to article 30.5 of this title by filing with the board a resolution approved as to form by the fire and police pension association and …
Colo. Rev. Stat. § 31-31-702 Affiliation by local money purchase plans. (Repealed)
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Source: L. 96: Entire article added with relocations, p. 922, � 1, effective May 23. L. 2010: Entire section repealed, (SB 10-024), ch. 20, p. 89, � 1, effective August 11. Editor's note: This section was formerly numbered as � 31-30-1003.3. 31-31-703. Money purchase plan benefit…
Colo. Rev. Stat. § 31-31-704 Optional affiliation by social security employers
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(1) (a) Prior to January 1, 2007, and notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal Social Security Act, as amended, or any county that covers salaried employees whose duties are directly involved with the p…
Colo. Rev. Stat. § 31-31-704.5 Entry for social security employers
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(1) (a) (I) Notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal Social Security Act, as amended, or any county that covers salaried employees under the federal Social Security Act, as amended, whose duties are pea…
Colo. Rev. Stat. § 31-31-705 Affiliation by volunteer pension plans
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(1) The board is authorized to make affiliation agreements with governing bodies that provide pension plans for volunteer firefighters to administer such plans and manage the funds of such plans for investment. The fire and police pension association may require periodic renewal …
Colo. Rev. Stat. § 31-31-706 Affiliation by exempt defined benefit pension plans
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(1) At the request of any local employer having an exempt defined benefit pension plan, the board is authorized to make an agreement with the employer's governing body to manage such employer's exempt defined benefit pension plan fund for investment. (2) (a) As an alternative to …
Colo. Rev. Stat. § 31-31-707 Multiple plan employers
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An employer with multiple plans may exercise its options of affiliation and withdrawal pursuant to this article on an individual plan basis. Source: L. 2001: Entire section added, p. 420, � 8, effective June 1.
Colo. Rev. Stat. § 31-31-708 Optional affiliation by county sheriff
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Any county that does not cover, under the federal Social Security Act, as amended, salaried employees whose duties are directly involved with the provision of law enforcement or fire protection as certified by the county may elect coverage under the statewide retirement plan esta…
Colo. Rev. Stat. § 31-31-801 Definitions
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As used in this part 8, unless the context otherwise 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…
Colo. Rev. Stat. § 31-31-802 Coverage
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(1) Except as provided in section 31-31-803, any member hired before, on, or after April 7, 1978, 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 shall be ex…
Colo. Rev. Stat. § 31-31-803 Retirement for disability
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(1) (a) (I) Any member hired before, on, or after April 7, 1978, who becomes totally disabled, as defined in section 31-31-801 (4), shall be retired from active service for disability and shall be eligible to receive the disability benefit provided by this subsection (1) or secti…
Colo. Rev. Stat. § 31-31-803.5 Supplemental disability benefit program. (Repealed)
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Source: L. 97: Entire section added, p. 197, � 3, effective August 6. L. 2001: (1)(c) amended, p. 423, � 11, effective June 1. L. 2009: Entire section repealed, (SB 09-017), ch. 53, p. 189, � 3, effective March 25.
Colo. Rev. Stat. § 31-31-804 Reduction of disability benefits - definitions
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(1) (a) (Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 191, � 4, effective March 25, 2009.) (b) Any disability benefit provided pursuant to section 31-31-803 shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the…
Colo. Rev. Stat. § 31-31-805 Change in disability status - reexamination
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(1) At any time that a total disability, including an on-duty disability pursuant to section 31-31-806.5 (1), ceases to exist, based upon periodic reexamination as may be required by the board or based upon other evidence of ability to engage in substantial gainful activity, a me…
Colo. Rev. Stat. § 31-31-806 Disqualification upon reemployment
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If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section 31-31-803 or 31-31-806.5, but prior to a decision of the board that an occupational disability ceases to exist pursuant to section 31-31-805 (2), a member is employed or reemploy…
Colo. Rev. Stat. § 31-31-806.5 Disability benefits - on-duty
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(1) If the board determines that a member, who is otherwise eligible to apply for disability retirement benefits under section 31-31-803, is required to terminate the member's regular employment due to a total disability, as defined in section 31-31-801 (4), that is the result of…
Colo. Rev. Stat. § 31-31-807 Death of member - survivor benefits
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(1) (a) If a member dies while in active service or while on temporary occupational disability under section 31-31-803 (2.2) and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in paragraph (b) of this subsection (1) shall be paid …
Colo. Rev. Stat. § 31-31-807.5 Death of member - line-of-duty - survivor benefits
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(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 disease arising out of and in the course of the member's employment, and if such member qualifies …
Colo. Rev. Stat. § 31-31-808 Reduction of survivor benefits
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(1) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member, who at the time of the member's death was a member of a money purchase plan established under this article or article 30.5 of this title 31, including a…
Colo. Rev. Stat. § 31-31-809 Termination of benefits
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Except as otherwise provided in section 31-31-807 (2), any benefit provided in accordance with this part 8 to a surviving spouse shall terminate upon the death of the surviving spouse. Any benefit provided in accordance with section 31-31-803 (2) to a surviving spouse of a member…
Colo. Rev. Stat. § 31-31-810 Employer liability - statewide standard health history form
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(1) (a) The employer of a member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that: (I) The member's occupational or total disability existed at the commencement of employment by the employer, or the occupational or total dis…
Colo. Rev. Stat. § 31-31-811 Funding of death and disability benefits
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(1) Every employer in this state, except those employers covering their employees under social security and those described in section 31-31-802 (2)(b) and (2)(c) who have not elected to be subject to the provisions of this part 8, shall be governed by the provisions of this sect…
Colo. Rev. Stat. § 31-31-812 Military leave of absence
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(1) Authorized leave of absence shall include leave 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 leave of absence; (…
Colo. Rev. Stat. § 31-31-813 Statewide death and disability trust fund - created
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(1) There is hereby created a disability and death benefits trust fund into which contributions for death and disability benefits, including state contributions made pursuant to section 31-31-811, shall be deposited. The benefits provided by this part 8, together with the expense…
Colo. Rev. Stat. § 31-31-814 Suspension and termination of benefits for noncompliance
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If a member refuses to submit to a medical examination required by the fire and police pension association and authorized by this part 8, fails to provide information necessary for the association to assess eligibility or continuing eligibility for benefits, or obstructs the asso…
Colo. Rev. Stat. § 31-31-815 Amendment of plan provisions
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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. Source: L. 2012: Entire section added, …