SENATE BILL 97166
BY SENATORS Chlouber and Powers;
also REPRESENTATIVES Miller, G. Berry, Epps,
Lawrence, Mace, Morrison, Schwarz, Sullivant, Taylor, and Young.
CONCERNING BENEFITS PROVIDED TO RETIRED VOLUNTEER
FIREFIGHTERS WHO RETURN TO ACTIVE SERVICE AS A VOLUNTEER FIREFIGHTER.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
11 of article 30 of title 31, Colorado Revised Statutes, 1986
Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
31301132. Retired firefighter
return to active service benefits. IF
THE GOVERNING BODY OF ANY MUNICIPALITY, FIRE PROTECTION DISTRICT,
OR COUNTY IMPROVEMENT DISTRICT, BY RESOLUTION, DETERMINES THAT
A FIRE DEPARTMENT IS IN NEED OF ADDITIONAL VOLUNTEER FIREFIGHTERS,
A RETIRED FIRE DEPARTMENT MEMBER SHALL BE ELIGIBLE TO SERVE AS
AN ACTIVE VOLUNTEER FIREFIGHTER OF SUCH FIRE DEPARTMENT. ANY RETIRED
FIRE DEPARTMENT MEMBER WHO, SUBSEQUENT TO RETIREMENT, SERVES AS
AN ACTIVE VOLUNTEER FIREFIGHTER FOR A FIRE DEPARTMENT PURSUANT
TO THIS SUBSECTION (1) SHALL CONTINUE TO RECEIVE PENSION BENEFITS
FROM THE VOLUNTEER FIREFIGHTER PENSION FUND UNDER THIS ARTICLE
DURING THE PERIOD IN WHICH THE PERSON IS AN ACTIVE VOLUNTEER FIREFIGHTER
OF THE FIRE DEPARTMENT. DURING THE PERIOD SUCH PERSON IS RECEIVING
A PENSION AND ACTING AS AN ACTIVE VOLUNTEER FIREFIGHTER PURSUANT
TO THIS SECTION, SUCH PERSON SHALL NOT RECEIVE SERVICE CREDIT
FOR THE PURPOSE OF INCREASING SUCH PENSION.
SECTION 2. 31301122
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
31301122. Retirement pension.
(1) The board of a municipality, with the prior consent
of the municipality's governing body, or the board of a fire protection
district or county improvement district may pay a retirement pension
to a volunteer firefighter who has twenty years of active service
and who is over the age of fifty years. The retirement pension
shall be an amount determined by the board of not more than one
hundred dollars per month, unless an actuarial review indicates
a higher payment is actuarially sound, but in no case shall the
retirement pension exceed the amount stated in section 31301120.
Pensions that make payments in excess of three hundred dollars
per month are subject to the state contribution limitation specified
in section 31301112 (2) (b). EXCEPT AS PROVIDED IN
SECTION 31301132, a volunteer firefighter shall not
receive a retirement pension for service in a fire department
while the firefighter is an active member of that department.
A volunteer firefighter shall maintain a minimum training participation
in the fire department of thirtysix hours each year to qualify
for retirement benefits. A volunteer firefighter who has served
twenty years and who has not reached the age of fifty years may
be granted a leave of absence and retain all rights to a retirement
pension and is entitled to the retirement pension when the firefighter
is fifty years of age.
SECTION 3. 840202
(1) (a) (I) (A), Colorado Revised Statutes, 1986 Repl. Vol., as
amended, is amended to read:
840202. Employee.
(1) "Employee" means:
(a) (I) (A) Every person in
the service of the state, or of any county, city, town, or irrigation,
drainage, or school district or any other taxing district therein,
or of any public institution or administrative board thereof under
any appointment or contract of hire, express or implied; and every
elective official of the state, or of any county, city, town,
or irrigation, drainage, or school district or any other taxing
district therein, or of any public institution or administrative
board thereof; and every member of the military forces of the
state of Colorado while engaged in active service on behalf of
the state under orders from competent authority. Policemen
POLICE OFFICERS and firemen
FIREFIGHTERS who are regularly employed shall be deemed employees
within the meaning of this paragraph (a), as shall also sheriffs
and deputy sheriffs, regularly employed, and all persons called
to serve upon any posse in pursuance of the provisions of section
3010516, C.R.S., during the period of their service
upon such posse, and all members of volunteer fire departments,
including any person RECEIVING A RETIREMENT PENSION UNDER SECTION
31301122, C.R.S., WHO SERVES AS AN ACTIVE VOLUNTEER
FIREFIGHTER OF A FIRE DEPARTMENT SUBSEQUENT TO RETIREMENT PURSUANT
TO SECTION 31301132, C.R.S., OR ANY PERSON ordered
by the chief or a designee of the chief's at the scene of an emergency
or during the period of an emergency to become a member of that
department for the duration of an emergency, and to perform the
duties of a fireman
FIREFIGHTER, and only if the person who is so ordered reports
any claim within ten days of the cessation of the emergency, volunteer
rescue teams or groups, volunteer disaster teams, volunteer ambulance
teams or groups, and volunteer search teams in any county, city,
town, municipality, or legally organized fire protection district
or ambulance district in the state of Colorado, and all members
of the civil air patrol, Colorado wing, while said persons are
actually performing duties as volunteer firemen
FIREFIGHTERS or as members of such volunteer rescue teams or groups,
volunteer disaster teams, volunteer ambulance teams or groups,
or volunteer search teams or as members of the civil air patrol,
Colorado wing, and while engaged in organized drills, practice,
or training necessary or proper for the performance of such duties.
Members of volunteer police departments, volunteer police reserves,
and volunteer police teams or groups in any county, city, town,
or municipality, while actually performing duties as volunteer
police officers, may be deemed employees within the meaning of
this paragraph (a) at the option of the governing body of such
county or municipality.
SECTION 4. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO