Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0781.01D DFH HOUSE BILL 97­1347

STATE OF COLORADO

BY REPRESENTATIVE Pankey;

also SENATOR Wham.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING IMPLEMENTATION OF CONSTITUTIONAL CHANGES TO THE OLD AGE PENSION PROGRAM.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Conforms provisions of the law governing the old age pension program to the constitutional amendment to be submitted to the registered electors at the 1998 general election. Takes effect only upon the approval of such amendment by the electors.

Sets the minimum eligibility for the old age pension through a phased­in increase in the minimum age (from 60 to 65 years) for persons who are not totally and permanently disabled, based on federal criteria for disability. Retains the 60­year age requirement for persons who meet federal disability criteria. Directs that the minimum age for the old age pension be automatically increased if Congress raises the retirement age for social security.

Under the constitutional authority to set qualifications and resource criteria for the old age pension through legislation:

Prohibits denial of a pension because of the ownership of real property as a residence.

Aligns the eligibility of legal immigrants with the federal welfare reform legislation by barring legal immigrants who arrived in the United States on or after August 22, 1996, from receiving the old age pension for a period of 5 years, unless the person who sponsored the legal immigrant has insufficient income, property, or resources to support the immigrant and is no longer available and able to provide such support without resulting in hardship upon the sponsor.

Eliminates the $10 million cap on the state­only health and medical care program for old age pensioners who do not qualify for medicaid. Eliminates the old age pension stabilization fund.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  26­2­111 (2), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­111.  Eligibility for public assistance. (2)  Old age pension. (a)  Except as provided in paragraph (d) (f) of this subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements:

(I)  The person has attained the age of sixty years or more and meets the resource eligibility requirements of the federal supplemental security income program AND MEETS THE DISABILITY CRITERIA UNDER THE SOCIAL SECURITY ACT; or

(I.5)  THE PERSON HAS ATTAINED THE AGE REQUIRED BY PARAGRAPH (g) OF THIS SUBSECTION (2) AND MEETS THE RESOURCE ELIGIBILITY REQUIREMENTS OF THE FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM BUT DOES NOT MEET THE DISABILITY CRITERIA UNDER THE SOCIAL SECURITY ACT; OR

(II)  Repealed.

(III)  The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.

(b)  No person otherwise qualified shall be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his OR HER support and maintenance, but income and property of the spouse of an applicant or recipient of the old age pension shall be considered in determining eligibility pursuant to rules and regulations of the state department, which rules and regulations shall be based upon and relate to the need of the applicant or recipient. CONSISTENT WITH REQUIREMENTS FOR SUPPLEMENTAL SECURITY INCOME, THE STATE BOARD OF HUMAN SERVICES MAY ADOPT RULES ESTABLISHING LOWER GRANT STANDARDS FOR PENSIONS FOR MARRIED COUPLES AND FOR PERSONS WHO LIVE WITH ANOTHER PERSON.

(c)  No alien A LEGAL IMMIGRANT who has resided ARRIVED in the United States for less than three years ON OR AFTER AUGUST 22, 1996, shall be granted BARRED FROM RECEIVING public assistance under the provisions of this subsection (2) FOR A PERIOD OF FIVE YEARS AFTER ENTRY IN THE UNITED STATES, unless it is shown that the person other than a relative who sponsored the alien's LEGAL IMMIGRANT'S entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship BY SIGNING AN AFFIDAVIT OF SUPPORT now has insufficient income, property, or other resources to meet the needs of the alien LEGAL IMMIGRANT as determined pursuant to rules and regulations of the state department AND IS NO LONGER AVAILABLE AND ABLE TO PROVIDE FINANCIAL SUPPORT WITHOUT RESULTING IN HARDSHIP UPON SUCH SPONSOR.

(d)  NO PERSON OTHERWISE QUALIFIED SHALL BE DENIED THE OLD AGE PENSION BY REASON OF THE FACT THAT SUCH PERSON IS THE OWNER OF REAL ESTATE OCCUPIED AS A RESIDENCE OR THAT SUCH PERSON OWNS REAL OR PERSONAL PROPERTY THAT THE STATE BOARD OF HUMAN SERVICES HAS DETERMINED IS EXEMPT IN SETTING THE AMOUNT OF THE OLD AGE PENSION.

(e)  NO PERSON OTHERWISE QUALIFIED SHALL BE REQUIRED, IN ORDER TO RECEIVE A PENSION, TO REPAY OR PROMISE TO REPAY THE STATE OF COLORADO ANY MONEY PAID TO SUCH PERSON AS AN OLD AGE PENSION; EXCEPT THAT THE STATE MAY RECOUP INTERIM ASSISTANCE PAYMENTS IN ACCORDANCE WITH SECTION 26­2­206.

(d) (f) (I)  No person who is a member of a household which THAT is receiving public assistance under the aid to families with dependent children program OR ITS SUCCESSOR PROGRAM set forth in this article shall be eligible to receive public assistance pursuant to this subsection (2). For the purposes of this paragraph (d) (f), "household" has the same meaning as "assistance unit" as used in 45 C.F.R., 205.40 (a) (1), as amended.

(II) (A)  The provisions of subparagraph (I) of this paragraph (d) (f) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households which THAT have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article OR ITS SUCCESSOR PROGRAM and the old age pension program set forth in this subsection (2). Such supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.

(B)  Such supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article OR ITS SUCCESSOR PROGRAM and the old age pension program set forth in this subsection (2).

(g)  ANY PERSON WHO DOES NOT MEET THE DISABILITY CRITERIA UNDER THE SOCIAL SECURITY ACT AND IS OTHERWISE ELIGIBLE TO RECEIVE BENEFITS UNDER PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL BE ENTITLED TO RECEIVE SUCH BENEFITS IF SAID PERSON HAS ATTAINED THE AGE OF:

(I)  SIXTY YEARS ON OR BEFORE JANUARY 1, 1999;

(II)  SIXTY YEARS AND SIX MONTHS ON OR BEFORE JANUARY 1, 2000;

(III)  SIXTY­ONE YEARS ON OR BEFORE JANUARY 1, 2001;

(IV)  SIXTY­ONE YEARS AND SIX MONTHS ON OR BEFORE JANUARY 1, 2002;

(V)  SIXTY­TWO YEARS ON OR BEFORE JANUARY 1, 2003;

(VI)  SIXTY­TWO YEARS AND SIX MONTHS ON OR BEFORE JANUARY 1, 2004;

(VII)  SIXTY­THREE YEARS ON OR BEFORE JANUARY 1, 2005;

(VIII)  SIXTY­THREE YEARS AND SIX MONTHS ON OR BEFORE JANUARY 1, 2006;

(IX)  SIXTY­FOUR YEARS ON OR BEFORE JANUARY 1, 2007;

(X)  SIXTY­FOUR YEARS AND SIX MONTHS ON OR BEFORE JANUARY 1, 2008; OR

(XI)  SIXTY­FIVE YEARS; EXCEPT THAT, IF THE UNITED STATES CONGRESS INCREASES THE RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS, THE MINIMUM AGE OF ELIGIBILITY FOR THE OLD AGE PENSION SHALL BE AUTOMATICALLY INCREASED BY SIX MONTHS EACH YEAR UNTIL IT IS EQUIVALENT TO THE RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS.

SECTION 2.  26­2­116, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is repealed as follows:

26­2­116.  Old age pension stabilization fund. Any moneys remaining in the old age pension fund after full payment of basic minimum awards to qualified old age pension recipients shall be transferred to a fund to be known as the old age pension stabilization fund, which fund shall be maintained at the amount of five million dollars and restored to that amount after any disbursements therefrom. The state board shall use the moneys in such fund only to stabilize payments of old age pension basic minimum awards. Moneys in the old age pension stabilization fund shall be subject to annual appropriation by the general assembly.

SECTION 3.  26­2­117, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­117.  Old age pension health and medical care fund. Any moneys remaining in the state old age pension fund after full payment of basic minimum awards to qualified old age pension recipients and after establishment and maintenance of the old age pension stabilization fund in the amount of five million dollars shall be transferred to a fund to be known as the old age pension health and medical care fund, which is hereby created. The state department shall establish and promulgate rules and regulations for administration of a program to provide health and medical care to persons who qualify to receive old age pensions and who are not patients in an institution for tuberculosis or mental diseases. The costs of such program not to exceed ten million dollars in any fiscal year, shall be defrayed from such health and medical care fund, but all moneys available, accrued or accruing, received or receivable, in said health and medical care fund in excess of ten million dollars in any AS DETERMINED BY THE GENERAL ASSEMBLY FOR EACH fiscal year shall be transferred to the general fund of the state to be used pursuant to law. Moneys in the old age pension health and medical care fund shall be subject to annual appropriation by the general assembly.

SECTION 4.  Effective date. This act shall take effect upon proclamation by the governor of the vote of the registered electors at the 1998 general election approving 1997 House Concurrent Resolution Number ____. This act shall not take effect if the registered electors at the 1998 general election disapprove 1997 House Concurrent Resolution Number ______.

SECTION 5.  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.