SENATE
                       3rd Reading Unamended
                  February 12, 2007     SENATE
                Amended 2nd Reading
                     February 9, 2007First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 07-0045.01 Ed DeCecco           SENATE BILL 07-007
                   SENATE SPONSORSHIP
 Taylor,  Tochtrop, and Williams
 
                    HOUSE SPONSORSHIP
 Witwer,  Liston, and Riesberg
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Business, Labor and Technology
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the qualification as a volunteer firefighter for
            purposes of a volunteer firefighter pension plan.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Police Officers' and Firefighters' Pension Reform Commission. 
       In the case of a municipality or district volunteer firefighter pension plan,
       modifies the existing definition of a "volunteer firefighter".  Identifies
       additional types of benefits and payments that are excluded from the
       definition of "compensation".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  31-30-1102 (9), Colorado Revised Statutes, is
       amended to read:
            31-30-1102.  Definitions.  As used in this part 11, unless the
       context otherwise requires:
            (9) (a)  "Volunteer firefighter" means a firefighter who renders
       service to a fire department in a municipality or district, and who does not
       receive compensation under a contract of employment as a firefighter,
       and who is not classified as an employee for purposes of the
       federal "Fair Labor Standards Act of 1938", as amended, based
       on payments, fees, or benefits that the firefighter receives. 
       "Volunteer firefighter" may include other designations or titles given to
       firefighters provided that the firefighter meets all of the requirements for
       being a volunteer firefighter in this part 11.
            (b)  For the purposes of this subsection (9), "compensation" does
       not include:
            (I)  Actual expenses incurred by and reimbursed to a volunteer
       firefighter; or
            (II)  Salary lost as a consequence of actual firefighting duties
       causing the absence of the volunteer firefighter from normal employment;
            (III)  Participation in or receipt of benefits from the fund;
            (IV)  Participation in or receipt of benefits upon
       termination of volunteer services to any district or
       municipality provided as part of an internal revenue code
       qualified volunteer service award plan established for the
       benefit of volunteer firefighters;
            (V)  Payments from federal moneys, either through the
       district or municipality or to the volunteer firefighter
       directly, for participation in a temporary emergency incident;
            (VI)  Nominal fees or benefits paid on a per-call basis or as
       part of an annual merit or recognition award program or other
       incentive award program.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.