§ 31-31-1201 — Review of award of benefits and benefit payments

(1) At any
time, the board may review an award of benefits or a benefit payment under any
benefit plan in the defined benefit system, the statewide money purchase plan, or
the statewide death and disability plan for the purpose of determining whether
there has been fraud, an overpayment, an error, or a mistake.

(2) At any time, the board may review a benefit payment under any benefit
plan or compensation plan other than the plans identified in subsection (1) of this
section that the board administers for the purpose of determining whether there
has been an overpayment, an error, or a mistake.

(3) Based upon a preponderance of the evidence from the review authorized
by this section, the board:

(a) May determine that a benefit payment be terminated, diminished,
maintained, or increased;

(b) May order a member or beneficiary to repay any overpayments made on
or after five years prior to the date of the first notice of overpayment issued by the
fire and police pension association; or

(c) Shall order the termination of benefits and the repayment of any past
benefits paid to a member or beneficiary where the board finds that the benefits
were granted based on false representations or a willful failure to disclose a
material fact.

(4) The board shall adopt rules establishing procedures for the review of
benefits and payments. The board may delegate the review pursuant to the rules.
Any rules established by the board shall provide that a member or beneficiary shall
have the opportunity to appeal any adverse action to the board for a final
determination.

(5) Any appeal of a final determination by the board shall be in accordance
with rule 106 (a)(4) of the Colorado rules of civil procedure.

Legislative History

Source: L. 2008: Entire part added, p. 160, � 2, effective August 5.