BY REPRESENTATIVES Salaz, Epps, and Mace;
also SENATORS Wattenberg, Hernandez, Rizzuto, and
Weddig.
CONCERNING AUTHORIZATION FOR THE BOARD OF THE FIRE
AND POLICE PENSION ASSOCIATION TO CREATE A SUPPLEMENTAL DISABILITY
BENEFIT PROGRAM FOR MEMBERS OF THE ASSOCIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3131803
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3131803. Retirement for
disability. (1) Any member
hired before, on, or after April 7, 1978, who is not eligible
for the normal retirement pension described in section 3131403
or a local defined benefit retirement pension selected pursuant
to section 3131704 (3) or provided pursuant to article
30.5 of this title, whichever is applicable, and who becomes totally
disabled, as defined in section 3131801 (4), shall
be retired from active service for disability and shall be eligible
to receive the disability benefit provided by this subsection
(1) or section 3131806.5. The annual disability benefit
for total disability for such member shall be forty percent of
the annual base salary paid to such member immediately preceding
retirement for disability, which shall be increased by:
(c) TEN PERCENT OR TWENTY PERCENT OF THE
ANNUAL BASE SALARY DEPENDING ON THE LEVEL OF BENEFIT ELECTED BY
A MEMBER PARTICIPATING IN THE SUPPLEMENTAL DISABILITY BENEFIT
PROGRAM DESCRIBED IN SECTION 3131803.5.
SECTION 2. 3131803
(2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3131803. Retirement for
disability. (2) Any member
who is not eligible for the normal retirement pension described
in section 3131403 or a local defined benefit retirement
pension selected pursuant to section 3131704 (3) or
provided pursuant to article 30.5 of this title, whichever is
applicable, and who becomes occupationally disabled, as defined
in section 3131801 (3), shall be retired from active
service for such time as the occupational disability continues
and shall be eligible to receive the disability benefit provided
by this subsection (2) or section 3131806.5. The annual
disability benefit for occupational disability for such member
shall be thirty percent of the annual base salary paid to such
member immediately preceding retirement for disability, which
shall be increased by:
(c) TEN PERCENT OR TWENTY PERCENT OF THE
ANNUAL BASE SALARY DEPENDING ON THE LEVEL OF BENEFIT ELECTED BY
A MEMBER PARTICIPATING IN THE SUPPLEMENTAL DISABILITY PROGRAM
DESCRIBED IN SECTION 3131803.5.
SECTION 3. Part
8 of article 31 of title 31, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
3131803.5. Supplemental
disability benefit program. (1) THE
BOARD MAY ESTABLISH A SUPPLEMENTAL DISABILITY BENEFIT PROGRAM
THAT PROVIDES ADDITIONAL DISABILITY BENEFITS TO MEMBERS WHO PARTICIPATE
IN SUCH PROGRAM AND WHO ARE RETIRED FOR DISABILITY PURSUANT TO
SECTION 3131803 OR SECTION 3131806.5.
ANY SUPPLEMENTAL DISABILITY BENEFIT PROGRAM ESTABLISHED PURSUANT
TO THIS SUBSECTION (1) SHALL MEET THE FOLLOWING REQUIREMENTS:
(a) THE SUPPLEMENTAL DISABILITY BENEFIT
PROGRAM SHALL PERMIT A MEMBER TO ELECT TO PARTICIPATE IN SUCH
PROGRAM PRIOR TO THE MEMBER=S
COMMENCEMENT OF EMPLOYMENT WITH AN EMPLOYER OR DURING OPEN ENROLLMENT
PERIODS ESTABLISHED BY THE BOARD AND TO DISCONTINUE SUCH PARTICIPATION
AT ANY TIME UPON NOTICE TO THE ASSOCIATION. AN OPEN ENROLLMENT
PERIOD SHALL NOT BE PERMITTED ANY MORE FREQUENTLY THAN EVERY TWO
YEARS. REENROLLMENT IN SUCH PROGRAM SHALL BE PERMITTED ONLY DURING
AN OPEN ENROLLMENT PERIOD.
(b) THE SUPPLEMENTAL DISABILITY BENEFIT
PROGRAM SHALL PERMIT A PARTICIPATING MEMBER TO ELECT BETWEEN TWO
LEVELS OF SUPPLEMENTAL BENEFITS PROVIDING AN ADDITIONAL TEN PERCENT
OR TWENTY PERCENT OF THE MEMBER=S
ANNUAL BASE SALARY;
(c) THE COST OF FUNDING THE SUPPLEMENTAL
DISABILITY BENEFIT PROGRAM SHALL BE BY CONTRIBUTIONS MADE BY PARTICIPATING
MEMBERS AT A RATE TO BE DETERMINED AS A PERCENTAGE OF THE MEMBER=S
BASE SALARY PURSUANT TO THE BIENNIAL ACTUARIAL VALUATION REQUIRED
BY SECTION 3131811 (2) (b) (II). THE CONTRIBUTION
RATE SHALL BE ADJUSTED EVERY TWO YEARS IN ORDER TO REFLECT CHANGES
IN THE COST OF SUCH PROGRAM DETERMINED BY THE BIENNIAL ACTUARIAL
VALUATION.
(d) THE FULL COST OF FUNDING THE SUPPLEMENTAL
DISABILITY BENEFIT PROGRAM FOR A MEMBER SHALL BE PAYABLE BY THE
PARTICIPATING MEMBER. PAYMENTS SHALL BE MADE IN THE SAME MANNER
AS PAYMENTS REQUIRED PURSUANT TO SECTION 3131811 (4).
(e) THE BENEFITS PROVIDED PURSUANT TO
THE SUPPLEMENTAL DISABILITY BENEFIT PROGRAM SHALL BE ELIGIBLE
FOR ANNUAL COSTOFLIVING ADJUSTMENTS PERMITTED BY SECTION
3131407. THE COST OF FUNDING SUCH ADJUSTMENTS SHALL
BE INCLUDED IN DETERMINING THE CONTRIBUTION REQUIRED BY PARAGRAPH
(c) OF THIS SUBSECTION (1).
(f) A MEMBER MUST BE ENROLLED IN THE SUPPLEMENTAL
DISABILITY BENEFIT PROGRAM AT THE TIME THE MEMBER APPLIES FOR
DISABILITY BENEFITS IN ORDER TO RECEIVE BENEFITS PAYABLE UNDER
SUCH PROGRAM;
(g) A MEMBER ENROLLED IN THE SUPPLEMENTAL
DISABILITY BENEFIT PROGRAM WILL NOT BE ELIGIBLE FOR BENEFITS PAYABLE
UNDER SUCH PROGRAM IF THE MEMBER=S
DISABILITY IS THE PROXIMATE CONSEQUENCE OR RESULT OF A MEDICAL
CONDITION THAT EXISTED AT THE TIME THE MEMBER ENROLLED IN SUCH
PROGRAM.
(2) IF A MEMBER WHO IS RETIRED FOR DISABILITY
AND ELIGIBLE FOR BENEFITS UNDER THE SUPPLEMENTAL DISABILITY BENEFIT
PROGRAM ELECTS AN OPTIONAL FORM OF PAYMENT PURSUANT TO SECTION
3131803 (5) (a), THE BENEFITS PAYABLE UNDER THE PROGRAM
SHALL BE INCLUDED IN DETERMINING SUCH OPTIONAL PAYMENT AMOUNT.
(3) THE REDUCTIONS TO DISABILITY BENEFITS
DESCRIBED IN SECTION 3131804 SHALL NOT APPLY TO BENEFITS
PAYABLE UNDER THE SUPPLEMENTAL DISABILITY BENEFIT PROGRAM.
(4) THE BOARD SHALL PROMULGATE SUCH RULES
AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
SECTION 4. 3131806.5
(2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
3131806.5. Disability benefits
onduty. (2) If
the board determines that a member, who is otherwise eligible
to apply for disability retirement benefits under section 3131803,
is required to terminate the member's regular employment due to
an occupational disability, as defined in section 3131801
(3), that is the result of an injury received while performing
official duties or an occupational disease arising out of and
in the course of the member's employment, the member is eligible
for a disability benefit in an amount provided for in section
3131803 (2) (a) SECTION
3131803 (2).
SECTION 5. Effective
date. This act shall take effect at 12:01 a.m.
on the day following the expiration of the ninetyday period
after final adjournment of the general assembly that is allowed
for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum
petition is filed against this act or an item, section, or part
of this act within such period, then the act, item, section, or
part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation
of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO