§ 31-30-1102 — Definitions

Colorado § 31-30-1102

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Fire - Police

Text

As used in this part 11, unless the context otherwise
requires:

(1) Board means the board of trustees of the volunteer firefighter pension
fund that is created in a municipality or district under this part 11.

(2) District means a fire protection district or county improvement district
in this state having fire department members and offering fire protection services,
and any county that provides funding, including volunteer pension funding, through
intergovernmental cooperation for the provision of fire protection services.

(3) Fire and police pension association means the association created by
section 31-31-201.

(4) Fire department member means a volunteer firefighter who is in a fire
department that serves a municipality, county, or district and who accrues benefits
in the volunteer firefighter pension fund.

(5) Fund means the volunteer firefighter pension fund provided in this part
11.

(6) Municipality means a municipality in this state that maintains a
regularly organized volunteer fire department and that offers fire protection
services.

(7) Plan means a program of benefits provided under this part 11.

(7.5) Previous net valuation means an amount equal to the total valuation
for assessment certified by the county assessor pursuant to section 39-5-128, and
amended pursuant to section 39-1-111 (5), less the valuation for assessment that
has been divided for the county revitalization area pursuant to section 30-31-109
(13), an urban renewal area pursuant to section 31-25-107 (9), or a downtown
development authority pursuant to section 31-25-807 (3) for the property tax year
in which the municipality or district made a contribution to the fund. If the total
valuation for assessment certified by the county assessor, as amended, does not
include the valuation for assessment that has been divided for an urban renewal
area, such urban renewal valuation for assessment shall not be subtracted from the
total valuation for assessment.

(8) Retired fire department member means a volunteer firefighter who is
not on active duty and who receives pension benefits from the volunteer firefighter
pension fund.

(9) (a) Volunteer firefighter means a firefighter who renders service to a
fire department in a municipality, county, or district, who does not receive
compensation as a firefighter, and who is not classified as an employee for
purposes of the federal Fair Labor Standards Act of 1938, as amended, based on
payments, fees, or benefits that the firefighter receives. Volunteer firefighter may
include other designations or titles given to firefighters provided that the firefighter
meets all of the requirements for being a volunteer firefighter in this part 11.

(b) For the purposes of this subsection (9), compensation does not include:

(I) Actual expenses incurred by and reimbursed to a volunteer firefighter;

(II) (Deleted by amendment, L. 2010, (SB 10-021), ch. 17, p. 79, � 1, effective
August 11, 2010.)

(III) Participation in or receipt of benefits from the fund;

(IV) Participation in or receipt of benefits upon termination of volunteer
services to any district or municipality provided as part of an internal revenue code
qualified volunteer service award plan established for the benefit of volunteer
firefighters;

(V) Payments from federal moneys, either through the district or municipality
or to the volunteer firefighter directly, for participation in a temporary emergency
incident;

(VI) Nominal fees or benefits paid on a per-call basis or as part of an annual
merit or recognition award program or other incentive award program.

Legislative History

Source: L. 95: Entire part added, p. 1364, � 2, effective June 5. L. 96: (3) amended, p. 941, � 5, effective May 23. L. 2006: (7.5) added, p. 1422, � 1, effective June 1. L. 2007: (2), (4), and (9) amended, p. 315, � 1, effective April 2. L. 2010: (9) amended, (SB 10-021), ch. 17, p. 79, � 1, effective August 11. L. 2024: (7.5) amended, (HB 24-1172), ch. 387, p. 2681, � 11, effective August 7.