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Second Regular Session
Sixty-first General Assembly
LLS NO. 980081.01 DFH
HOUSE BILL 981114
STATE OF COLORADO
BY REPRESENTATIVES Pankey, Agler, and Lawrence;
also SENATORS Wham, Lacy, and Weddig.
A BILL FOR AN ACT
CONCERNING IMPLEMENTATION OF CONSTITUTIONAL CHANGES
TO THE OLD AGE PENSION PROGRAM, AND MAKING AN APPROPRIATION IN
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Interim Committee on Old Age Pension Program. 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.
Phases in an increase in the minimum age of eligibility (from 60 to 65 years) over a 10year period for persons who are not disabled. Directs that the minimum age for the old age pension be automatically increased if congress raises the retirement age for social security. Retains the 60year minimum age of eligibility for persons who are disabled, based on total disability as defined by Colorado law that lasts for 6 months or more (the same standard as for the aid to the needy disabled program).
Allows the state to be reimbursed for old age pension payments made to a pensioner during the interim period while the pensioner is applying for benefits under the federal supplemental security income program (SSI), thus preventing the payment of dual benefits.
Increases the cap on the stateonly health and
medical care program for old age pensioners who do not qualify
for medicaid from $10 million to $20 million.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 262111 (2), Colorado Revised Statutes, is amended to read:
262111. Eligibility for
public assistance. (2) Old
age pension. (a) Except as provided in
(d) PARAGRAPH (e) 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 HAS A TOTAL DISABILITY, AS DEFINED BY SECTION 262103 (6) AND THE RULES OF THE STATE DEPARTMENT, THAT HAS LASTED OR CAN BE EXPECTED TO LAST FOR A PERIOD OF SIX MONTHS OR MORE; or
(I.3) 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 IS DETERMINED TO BE UNEMPLOYABLE, AS DEFINED BY RULES OF THE STATE BOARD ADOPTED PURSUANT TO PARAGRAPH (g) OF THIS SUBSECTION (2); OR
(I.5) THE PERSON HAS ATTAINED THE AGE REQUIRED BY PARAGRAPH (f) OF THIS SUBSECTION (2) AND MEETS THE RESOURCE ELIGIBILITY REQUIREMENTS OF THE FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM; or
(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.
(c) No alien who has resided in the United States for less than three years shall be granted public assistance under the provisions of this subsection (2) unless it is shown that the person, other than a relative, who sponsored the alien's entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income, property, or other resources to meet the needs of the alien as determined pursuant to rules and regulations of the state department.
(d) AN OLD AGE PENSION RECIPIENT WHO BECOMES ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME BENEFITS SHALL BE REQUIRED TO REPAY THE STATE OF COLORADO FOR INTERIM ASSISTANCE PAYMENTS MADE UNDER THE OLD AGE PENSION BASIC GRANT PROGRAM.
(d) (e) (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 THE COLORADO WORKS PROGRAM
AS set forth in PART 7 OF this article shall be eligible to receive
public assistance pursuant to this subsection (2). For the purposes
of this paragraph (d)
PARAGRAPH (e), "household" has the same meaning as "assistance
unit" as used in 45 C.F.R., 205.40 (a)
(1) (b) (1), as amended.
(II) (A) The provisions of subparagraph
(I) of this
PARAGRAPH (e) 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 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 and the old age pension program set forth in this subsection (2).
(f) ANY PERSON WHO MEETS THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION AND MEETS THE RESOURCE ELIGIBILITY REQUIREMENTS OF THE FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM SHALL BE ENTITLED TO RECEIVE BENEFITS UNDER THE OLD AGE PENSION PROGRAM IF SAID PERSON HAS ATTAINED THE AGE OF:
(I) SIXTY YEARS ON OR BEFORE JANUARY 1, 1999, OR ON OR BEFORE THE DATE OF THE GOVERNOR=S PROCLAMATION OF 1998 HOUSE CONCURRENT RESOLUTION NUMBER 1001, WHICHEVER IS LATER;
(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 ON AND AFTER JANUARY 1, 2009; EXCEPT THAT, IF THE UNITED STATES CONGRESS INCREASES THE FULL 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 FULL RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS.
(g) THE STATE BOARD SHALL ADOPT RULES SETTING STANDARDS FOR DETERMINING THE EMPLOYABILITY OR UNEMPLOYABILITY OF PERSONS APPLYING FOR THE OLD AGE PENSION WHO HAVE NOT ATTAINED THE AGE REQUIRED BY PARAGRAPH (f) OF THIS SUBSECTION (2). SUCH RULES SHALL INCLUDE AN EMPLOYMENT ASSESSMENT INSTRUMENT THAT ASSESSES THE APPLICANT'S EMPLOYMENT SKILLS AND INTERESTS, WORK HISTORY, EDUCATION AND TRAINING HISTORY, PHYSICAL STAMINA, THE APPLICANT'S SPECIAL NEED FOR SUPPORTIVE SERVICES, AND ANY BARRIERS TO THE APPLICANT'S EMPLOYMENT, SUCH AS LACK OF JOB OPPORTUNITIES IN THE COMMUNITY IN WHICH THE APPLICANT RESIDES OR LACK OF ACCESS TO TRANSPORTATION OR TRAINING.
SECTION 2. 262110, Colorado Revised Statutes, is amended to read:
262110. Repayment not required. No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section 262206, concerning blind and disabled individuals AND CONCERNING RECIPIENTS OF THE OLD AGE PENSION.
SECTION 3. 262117, Colorado Revised Statutes, 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
TWENTY 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
TWENTY million dollars in any 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. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the old age pension fund not otherwise appropriated, to the department of human services, office of information technology services, for the client-oriented information network, for the fiscal year beginning July 1, 1998, the sum of twenty-six thousand four hundred ninety-six dollars ($26,496), or so much thereof as may be necessary, for the implementation of this act.
SECTION 5. Effective date applicability. (1) This act shall apply to applicants who apply for the old age pension on or after January 1, 1999.
(2) This act shall take effect upon proclamation by the governor of the vote of the registered electors at the 1998 general election approving 1998 House Concurrent Resolution Number 1001. This act shall not take effect if the registered electors at the 1998 general election disapprove 1998 House Concurrent Resolution Number 1001.
SECTION 6. 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.