(1) An
employer shall participate in and make contributions to a multiple employer health
trust as set forth in section 10-3-903.5 (7)(b)(I), established for the purposes of this
part 4. The contribution levels, if any, and award level definitions will be set by the
trust. If at any time the funding provided is insufficient to cover the cost of the
program required by this section, then participation in the program is optional
pursuant to section 29-1-304.5.
(2) A multiple employer health trust that is established to provide a
firefighter cancer benefits program shall provide the minimum benefits specified in
subsection (3) of this section to covered individuals diagnosed with cancer, based
on the award level of the cancer at the time of diagnosis, after the employer
becomes a participant.
(3) Award levels will be established by the trust based on the category and
stage of the cancer as follows:
(a) Award level zero, one hundred dollars up to two thousand dollars;
(b) Award level one, four thousand dollars, which shall be paid in addition to
the amounts paid for an award level two or higher diagnosis;
(c) Award level two, five thousand dollars;
(d) Award level three, fifteen thousand dollars;
(e) Award level four, twenty-two thousand five hundred dollars;
(f) Award level five, twenty-eight thousand one hundred twenty-five dollars;
(g) Award level six, thirty-seven thousand five hundred dollars;
(h) Award level seven, sixty-five thousand six hundred twenty-five dollars;
(i) Award level eight, eighty-four thousand three hundred seventy-five
dollars;
(j) Award level nine, one hundred sixty-eight thousand seven hundred fifty
dollars; or
(k) Award level ten, two hundred twenty-five thousand dollars.
(4) In addition to an award pursuant to subsection (3) of this section:
(a) A payment is made to the covered individual for the actual cost, up to
twenty-five thousand dollars, for rehabilitative or vocational training employment
services and educational training relating to the cancer diagnosis;
(b) A payment is made to the covered individual of up to ten thousand dollars
if a covered individual incurs cosmetic disfigurement costs resulting from cancer.
(5) If the cancer is diagnosed as terminal cancer, the covered individual will
receive a lump-sum payment of twenty-five thousand dollars as an accelerated
payment toward the benefits due in subsection (3) of this section.
(6) The covered individual is entitled to additional awards if the cancer
increases in award level, but the amount of any award paid earlier for the same
cancer will be subtracted from the new award.
(7) If a covered individual dies while owed benefits pursuant to this section,
the benefits will be paid to the surviving spouse or domestic partner, if any, at the
time of death, and if there is no surviving spouse or domestic partner, any surviving
children equally. If there is no surviving spouse, domestic partner, or child, the
obligation of the trust to pay benefits will cease.
(8) If a covered individual returns to the same position of employment after a
cancer diagnosis, the covered individual is entitled to the benefits in this section for
any subsequent new type of covered cancer diagnosis.
(9) The maximum amount that may be paid to a covered individual for each
cancer diagnosis is two hundred forty-nine thousand dollars.
(10) Unless the offset provisions of section 8-42-103 (1)(h) have already been
taken, the benefits paid pursuant to this section must be offset by any payments
made under the Workers' Compensation Act of Colorado, articles 40 to 47 of title
8, regardless of when the payments are made. The trust may determine how and
when the offsets are implemented.
(11) The benefits in this section are reduced by twenty-five percent if a
covered individual used a tobacco product within the five years immediately
preceding the cancer diagnosis.
(12) (a) In order for a covered individual to be eligible for the benefits in this
section, prior to the diagnosis of cancer and no more than five years for a firefighter
or hazardous materials trooper and no more than ten years for a volunteer
firefighter or part-time firefighter after the firefighter, volunteer firefighter, or part-time firefighter became employed by an employer, the firefighter, hazardous
materials trooper, volunteer firefighter, or part-time firefighter must have had a
medical examination that would reasonably have found an illness or injury that
could have caused the cancer and no illness or injury was found.
(b) In addition to subsection (12)(a) of this section, in order for a covered
individual to be eligible for the benefits in this section, the following conditions
must be met:
(I) The firefighter:
(A) Has at least five years of continuous, full-time employment with an
employer; and
(B) Is diagnosed with cancer within ten years after ceasing employment as a
firefighter; or
(I.5) The hazardous materials trooper:
(A) Has at least five years of continuous, full-time employment as a
hazardous materials trooper; and
(B) Is diagnosed with cancer within ten years after ceasing employment as a
hazardous materials trooper; or
(II) The volunteer firefighter:
(A) Has at least ten years of active service, as used in section 31-30-1122,
and has maintained a minimum training participation in the fire department of
thirty-six hours each year; and
(B) Is diagnosed with cancer within ten years after ceasing employment as a
volunteer firefighter; or
(III) The part-time firefighter:
(A) Has at least ten years of active service; and
(B) Is diagnosed with cancer within ten years after ceasing employment as a
part-time firefighter.
(c) The trust shall develop a formula to allow the combining of volunteer,
part-time, and full-time firefighter service to establish eligibility.
(d) The claim for benefits must be filed no later than two years after the
diagnosis of the cancer. The claim for each type of cancer needs to be filed only
once to allow the trust to increase the award level pursuant to subsection (3) of this
section.
(13) For the purpose of employer policies and benefits, a cancer diagnosis is
treated as an on-the-job injury or illness. This subsection (13) does not affect any
determination as to whether the cancer is covered under the Workers'
Compensation Act of Colorado, articles 40 to 47 of title 8.