Colorado § 31-31-1202 Collection of overpaid benefits

Colorado Statutes

§ 31-31-1202 — Collection of overpaid benefits

Colorado·Title 31 Government·Art. Fire - Police - New Hire Pension Plans

(1)The board shall institute practices and procedures as it deems necessary to collect money due a plan administered by the fire and police pension association as determined in section 31-31-1201, including but not limited to withholding subsequent benefit payments to which the member or beneficiary is or becomes entitled, applying the amount withheld as an offset against the amount due, and referring an account to a collection agency or attorney for collection. If, after due notice, any member or beneficiary defaults in any repayment of overpaid benefits, the amount due may be collected by civil action, which shall include the right of attachment in the name of the association. The board may allow installment payments of amounts due based on equitable considerations.

(2)Reason

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(1) The board shall institute
practices and procedures as it deems necessary to collect money due a plan
administered by the fire and police pension association as determined in section 31-31-1201, including but not limited to withholding subsequent benefit payments to
which the member or beneficiary is or becomes entitled, applying the amount
withheld as an offset against the amount due, and referring an account to a
collection agency or attorney for collection. If, after due notice, any member or
beneficiary defaults in any repayment of overpaid benefits, the amount due may be
collected by civil action, which shall include the right of attachment in the name of
the association. The board may allow installment payments of amounts due based
on equitable considerations.

(2) Reasonable fees for collection, including attorney fees, as determined by
the fire and police pension association, shall be added to the amount of debt. The
debtor shall be liable for repayment of the total of the amount outstanding plus the
collection fee.

(3) A certified copy of any final determination of the board ordering the
repayment of overpayments pursuant to this article may be filed with the clerk of
the district court of any judicial district in this state at any time after the period
provided for appeal or seeking review of the order has passed without appeal or
review being sought or, if appeal or review is sought, after the order has been
finally affirmed and all appellate remedies and all opportunities for review have
been exhausted. The fire and police pension association shall at the same time file a
certificate to the effect that the time for appeal or review has passed without
appeal or review being undertaken or that the order has been finally affirmed with
all appellate remedies and all opportunities for review having been exhausted. The
clerk of the district court shall record the order and the association's certificate in
the judgment book of said court and entry thereof made in the judgment docket,
and it shall thereafter have all the effect of a judgment of the district court, and
execution may issue thereon out of said court as in other cases. Any such order may
be filed by and in the name of the association.

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