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Colorado Statutes, Title 31

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Title 31, Government - Municipal

0 chapters · 1,054 sections in this title.

All chapters in Title 311,054 Ch 25222 Ch 10168 Ch 3581 Ch 1266 Ch 2358 Ch 3058 Ch 455 Ch 3154 Ch 1553 Ch 249 Ch 30.541 Ch 31.533 Ch 2130 Ch 2025

54 sections·Filtered byTitle 31✕Ch 31✕

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 ann…
Colo. Rev. Stat. § 31-31-1101 Entry into the fire and police pension association defined benefit system
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(1) Any employer who has established a local money purchase plan pursuant to part 6 of this article 31 or article 30.5 of this title 31 or has withdrawn into the statewide money purchase plan pursuant to part 5 of this article 31 may apply to the board to require all new employee…
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. § 31-31-303 Fire and police members' self-directed investment fund - management - investment

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(1) The board shall be the trustee of the fire and police members' self-directed investment fund subject to the members' allocation of moneys in their accounts to the alternatives offered by the board. A member who exercises control over the plan assets in the members' account sh…

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 "So…

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), "in…

Colo. Rev. Stat. § 31-31-602 Withdrawn local alternative pension plans - investment authority

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(1) Except as provided in subsection (2) of this section, any locally administered and financed alternative pension plan fund established pursuant to this part 6 may be managed and invested by the trustees of such plan pursuant to the standard and other provisions for trustees se…

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. § 31-31-704 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…

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…

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 es…

Colo. Rev. Stat. § 31-31-801 Disability and survivor benefits program design - rules

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(1) The association shall provide twenty-four-hour, on- and off-duty coverage. (2) The statewide death and disability plan consists of three levels of disability, including temporary occupational disability, permanent occupational disability, and total disability as specified in …

Colo. Rev. Stat. § 31-31-802 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 memb…

Colo. Rev. Stat. § 31-31-803 Coverage and eligibility to apply

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(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 acc…

Colo. Rev. Stat. § 31-31-804 Total disability

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(1) A member who meets the definition of total 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 section. (2) The …

Colo. Rev. Stat. § 31-31-805 Permanent occupational disability

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(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 re…

Colo. Rev. Stat. § 31-31-806 Retirement options for members receiving a total or permanent occupational disability retirement benefit

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A member eligible for the normal annual disability retirement benefit for total 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, wh…

Colo. Rev. Stat. § 31-31-807 Temporary occupational disability

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(1) A member who meets the definition of temporarily 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 temporary occupational disability continues for a period up to five years from the date …

Colo. Rev. Stat. § 31-31-808 Disability prior to October 1, 2002

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(1) A member who becomes occupationally disabled and was awarded 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 t…

Colo. Rev. Stat. § 31-31-809 Disability retirement benefits - on-duty

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(1) The association shall determine whether the disability is the result of an injury incurred while performing official duties 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 awar…

Colo. Rev. Stat. § 31-31-810 Disability decisions and appeals

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(1) (a) The association makes the determination of disability, whether the disability is occupational or total, whether the disabling condition is on-duty, and the amount of the disability retirement benefit. The association may consider any evidence it deems relevant in making t…

Colo. Rev. Stat. § 31-31-811 Cost of living adjustments

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(1) Cost of living adjustments payable under the statewide 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 adjus…

Colo. Rev. Stat. § 31-31-812 Reduction of disability retirement benefits

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(1) (a) The benefits payable pursuant to this part 8 to any member who is awarded 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 …

Colo. Rev. Stat. § 31-31-813 Change in disability status - reexamination

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(1) At any time that a total 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 o…

Colo. Rev. Stat. § 31-31-814 Disqualification upon reemployment

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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 …

Colo. Rev. Stat. § 31-31-815 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 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…

Colo. Rev. Stat. § 31-31-816 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. § 31-31-817 Reduction of survivor benefits

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(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 money purchase plan established under this article or article 30.5 of this title 31, including any…

Colo. Rev. Stat. § 31-31-818 Termination of benefits

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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 …

Colo. Rev. Stat. § 31-31-819 Funding of death and disability benefits

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(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 (1)(a)…

Colo. Rev. Stat. § 31-31-820 Military leave of absence

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(1) Authorized leave of absence includes 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; (b) As…

Colo. Rev. Stat. § 31-31-821 Statewide death and disability trust fund - created

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(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 t…

Colo. Rev. Stat. § 31-31-822 Suspension and termination of benefits for noncompliance

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If a member refuses to submit to a medical examination required by the 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 association from receiving s…

Colo. Rev. Stat. § 31-31-823 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. 2026: Entire part R&RE, (SB …