Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0080.01 DFH

STATE OF COLORADO

BY REPRESENTATIVES Pankey, Agler, and Lawrence;

also SENATORS Wham, Lacy, and Weddig.






HOUSE CONCURRENT RESOLUTION 98-1001

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE XXIV OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING MODIFICATIONS TO THE OLD AGE PENSION PROGRAM, AND, IN CONNECTION THEREWITH, PROVIDING FOR A PHASED­IN INCREASE IN THE MINIMUM AGE OF ELIGIBILITY FROM AGE SIXTY TO COINCIDE WITH THE RETIREMENT AGE FOR SOCIAL SECURITY, RETAINING THE MINIMUM AGE OF SIXTY FOR PERSONS WHO ARE DISABLED, AUTHORIZING THE RECOVERY OF INTERIM ASSISTANCE REIMBURSEMENT PAYMENTS, PROVIDING THAT THESE CONSTITUTIONAL CHANGES SHALL APPLY TO APPLICANTS ON OR AFTER JANUARY 1, 1999, AND THAT THERE SHALL BE NO INTERRUPTION OR CHANGE IN BENEFITS TO RECIPIENTS CURRENTLY RECEIVING THE OLD AGE PENSION, AND INCREASING THE CAP ON THE STATE­ONLY HEALTH AND MEDICAL CARE PROGRAM FOR OLD AGE PENSIONERS.


Resolution Summary

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

Interim Committee on Old Age Pension Program. Refers to the voters a constitutional amendment that would change the provisions governing the old age pension program. Provides for a phased­in increase in the minimum age of eligibility for the old age pension from age 60 to age 65 for persons who are not disabled. Directs that the minimum age be automatically increased if congress raises the retirement age for social security. Retains the 60­year minimum age of eligibility for persons who are disabled. Requires the general assembly to establish criteria for the determination of disability.

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.

Provides that the constitutional changes apply to applicants for the old age pension on or after January 1, 1999, and that there shall be no interruption or change in benefits to persons receiving the pension before January 1, 1999.

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 Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 of article XXIV of the constitution of the state of Colorado is amended to read:

Section 3.  Persons entitled to receive pensions. From and after January 1, 1957 JANUARY 1, 1999, every citizen of the United States who has been a resident of the state of Colorado for such period as the general assembly may determine, who has attained the age of sixty years or more, ELIGIBILITY FOR AN OLD AGE PENSION AS DETERMINED BY THE GENERAL ASSEMBLY and who qualifies under the laws of Colorado to receive a pension shall be entitled to receive the same; provided, A PENSION; however, that no person otherwise qualified shall be denied a pension by reason of the fact that he SUCH PERSON is the owner of real estate occupied by him THE PERSON as a residence; nor for the reason that relatives may be financially able to contribute to his OR HER support and maintenance; nor shall any person be denied a pension for the reason that he SUCH PERSON owns personal property which by law is exempt from execution or attachment; nor shall any person be required, in order to receive a pension, to repay, or promise to repay, the state of Colorado any money paid to him SUCH PERSON as an old age pension; EXCEPT THAT THE STATE MAY RECOUP INTERIM ASSISTANCE PAYMENTS MADE TO A PERSON WHO QUALIFIES FOR SUPPLEMENTAL SECURITY INCOME. FOR INDIVIDUALS WHO ARE DISABLED, THE AGE OF ELIGIBILITY FOR THE PENSION SHALL BE AGE SIXTY. THE GENERAL ASSEMBLY SHALL ESTABLISH CRITERIA FOR THE DETERMINATION OF DISABILITY. THE GENERAL ASSEMBLY SHALL PROVIDE FOR A PHASED­IN INCREASE IN THE MINIMUM AGE OF ELIGIBILITY FOR THE PENSION FOR THOSE PERSONS WHO ARE NOT DISABLED AND SHALL INCREASE THE MINIMUM AGE FROM SIXTY YEARS BY SIX MONTHS ON JANUARY 1 OF EVERY YEAR COMMENCING ON JANUARY 1, 2000, UNTIL THE MINIMUM AGE FOR THE PENSION REACHES SIXTY­FIVE YEARS. IF THE UNITED STATES CONGRESS INCREASES THE FULL RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS, THE MINIMUM AGE OF ELIGIBILITY FOR THE OLD AGE PENSION FOR PERSONS WHO ARE NOT DISABLED SHALL BE AUTOMATICALLY INCREASED BY SIX MONTHS EACH YEAR UNTIL IT IS EQUIVALENT TO THE FULL RETIREMENT AGE FOR SOCIAL SECURITY BENEFITS. THE CHANGES IN THIS SECTION SHALL APPLY TO PERSONS WHO APPLY FOR A PENSION ON OR AFTER JANUARY 1, 1999, AND THERE SHALL BE NO INTERRUPTION OR CHANGE IN BENEFITS TO RECIPIENTS WHO ARE RECEIVING THE PENSION BEFORE JANUARY 1, 1999.

Paragraph (c) of section 7 of article XXIV of the constitution of the state of Colorado is amended to read:

Section 7.   Stabilization fund and health and medical care fund. (c)  Any moneys remaining in the old age pension fund, after full payment of basic minimum awards, and after establishment and maintenance of the stabilization fund in the amount of five million dollars, shall be transferred to a health and medical care fund. The state board of public welfare MEDICAL SERVICES, or such other agency as may be authorized by law to administer old age pensions THE HEALTH AND MEDICAL CARE FUND, 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 disease; the costs of such program, not to exceed ten TWENTY million dollars in any fiscal year, shall be defrayed from such health and medical care fund; provided, however, EXCEPT THAT 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.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XXIV OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING MODIFICATIONS TO THE OLD AGE PENSION PROGRAM, AND, IN CONNECTION THEREWITH, PROVIDING FOR A PHASED­IN INCREASE IN THE MINIMUM AGE OF ELIGIBILITY FROM AGE SIXTY TO COINCIDE WITH THE RETIREMENT AGE FOR SOCIAL SECURITY, RETAINING THE MINIMUM AGE OF SIXTY FOR THOSE PERSONS WHO ARE DISABLED, AUTHORIZING THE RECOVERY OF INTERIM ASSISTANCE REIMBURSEMENT PAYMENTS, PROVIDING THAT THESE CONSTITUTIONAL CHANGES SHALL APPLY TO APPLICANTS ON OR AFTER JANUARY 1, 1999, AND THAT THERE SHALL BE NO INTERRUPTION OR CHANGE IN BENEFITS TO RECIPIENTS CURRENTLY RECEIVING THE OLD AGE PENSION, AND INCREASING THE CAP ON THE STATE­ONLY HEALTH AND MEDICAL CARE PROGRAM FOR OLD AGE PENSIONERS."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.