NOTE: The governor signed this measure on 3/18/2016.
      
      
      HOUSE BILL 16-1028
      
      
      BY REPRESENTATIVE(S) Van Winkle, Buck, Lontine, Ginal, Court,
      Esgar, Fields, Kraft-Tharp, Melton, Mitsch Bush, Priola, Ransom,
      Rosenthal, Roupe, Saine, Salazar, Vigil, Williams, Winter;
      also SENATOR(S) Cooke, Crowder, Grantham, Heath, Jones, Martinez
      Humenik, Merrifield, Todd.
      
      
      Concerning modifications to the statewide death and disability
           plan administered by the fire and police pension association.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 31-31-805, amend (2)
      (i) and (2.5) as follows:
      
           31-31-805.  Change in disability status - reexamination.
      (2) (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 benefits. The member will receive service
      credit for such transfer. A restored member of a local plan which has a
      contribution rate in excess of sixteen percent shall have the difference
      between the amount transferred and the amount that would have been
      contributed at the excess rate, made up by an additional contribution from
      the employer.
      
           (2.5)  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 shall 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 benefits. A member of a statewide or local
      retirement plan that has a mandatory contribution rate in excess of sixteen
      percent shall have the difference between the amount transferred and the
      amount that would have been contributed at the excess rate made up by an
      additional contribution from the employer. The member shall then be
      granted a normal retirement under the member's normal retirement plan and
      the temporary occupational disability benefits under the statewide death
      and disability plan shall terminate.
      
           SECTION 2.  In Colorado Revised Statutes, 31-31-810, amend (1)
      (c) (II) as follows:
      
           31-31-810.  Employer liability - statewide standard health
      history form. (1) (c) (II)  Every employer of a member who commences
      employment on or after September 1, 1989, shall furnish the statewide
      standard health history form to the prospective newly hired member and
      shall require its completion by the prospective newly hired member
      before allowing the member to enter upon employment within thirty
      days of the first date of employment. The completed form shall be
      filed with the fire and police pension association by the employer within
      sixty days from commencement of employment.
      
           SECTION 3.  Applicability. Section 1 of this act applies to
      members on temporary occupational disability who are restored to active
      service or satisfy the age and service requirements for a normal retirement
      on or after the effective date of this act.
      
           SECTION 4.  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
      10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
      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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO