(1) The board shall:
(a) Establish standards for determining the actuarial soundness of:
(I) The pension plans in the defined benefit system and the affiliated old hire
plans and the affiliated exempt plans with assets in the fire and police members'
benefit investment fund, in accordance with section 31-31-301 (1); and
(II) Alternative pension plans having defined benefits in whole or in part
established pursuant to section 31-31-601 (1), as said section existed prior to its
repeal. Based upon such standards, the board shall require biennial actuarial
reviews of such plans with the cost of the reviews to be paid by employers having
established such plans.
(b) Establish standards for benefit projections for money purchase plans;
(c) Establish criteria for the determination of disability to administer the
provisions of section 31-31-803;
(d) Promulgate rules relating to standards for disclosure of all ramifications
of and procedures for obtaining the member approval provided for in section 31-31-601 (1), as said section existed prior to its repeal;
(e) Administer or provide for the administration and, in accordance with the
provisions of sections 31-31-302 (1) and 31-31-303, the investment of the fire and
police members' benefit investment fund and the fire and police members' self-directed investment fund;
(f) Repealed.
(g) Review or initiate proposed legislation affecting or related to the
provisions of this article and article 30.5 of this title;
(h) Provide for disbursements from the fire and police members' benefit
investment fund created by section 31-31-301 (1) and from the fire and police
members' self-directed investment fund created by section 31-31-301 (4). Such
disbursements shall be made only for payment of the expenses of the association,
payment of refunds to members, payment of survivor, disability, or retirement
benefits, or for purposes of investment.
(i) Make such modifications to the minimum annual rates of contribution
certified to municipalities, fire protection districts, and county improvement
districts as may be justified by actuarial studies approved by the board, subject to
the requirements of section 31-30.5-304. In addition, the board shall supervise the
establishment of such minimum annual rates of contribution for any nonexempt
municipalities, fire protection districts, or county improvement districts that, for any
reason, did not receive such minimum annual rate of contribution. Such
establishment and modification of minimum annual rates of contribution shall be
conducted substantially in the manner provided by procedural regulations
promulgated by the board.
(j) Promulgate such rules as may be necessary to implement the provisions
of this article and article 30.5 of this title;
(k) Approve or deny applications for coverage under the statewide money
purchase plan pursuant to section 31-31-501.
(2) (a) The board has the sole power to determine eligibility for retirement for
disability, whether total or occupational, for any police officer or firefighter in this
state whether or not such member is covered by the provisions of this article,
except for the following:
(I) Those police officers and firefighters having social security coverage and
not affiliated as to disability; and
(II) Those police officers and firefighters whose employers have established
exempt alternative pension plans, including exempt alternative defined benefit
plans that are administered on an actuarially sound basis, based upon assumptions
and methodology adopted by the board for statewide use, on or before December 1,
1978, in accordance with the provisions of part 8 of article 30.5 of this title, unless
such plans have elected to become covered under the statewide death and
disability plan pursuant to section 31-31-802 (1).
(b) Except as provided in this subsection (2), the final power to determine
disability status is vested in the board, but each employer shall determine whether
positions are available for disabled members and shall make such appointments to
such positions as it deems necessary.
(3) Under the direction of the board, each employer, including employers not
covered by or specifically exempted from the statewide retirement plan in
accordance with the provisions of section 31-31-401 (1), shall furnish such
information and shall keep such records as the board may require for the discharge
of its duties.
(4) (a) Except as otherwise provided in paragraph (d) of this subsection (4),
the board shall provide for and determine the cost of a statewide accidental death
and disability insurance policy to cover all volunteer firefighters serving in
volunteer or paid and volunteer fire departments, the insurance to be applicable
only when serving as a volunteer firefighter. The policy shall be paid for as provided
in section 31-30-1112 (2)(h)(II) from proceeds of the tax imposed by section 10-3-209, C.R.S.
(b) Except as otherwise provided in paragraph (d) of this subsection (4), the
board shall set the amount of coverage to be provided for each volunteer
firefighter, take competitive bids for the policy from insurers, and make such rules
as may be necessary to provide for the policy.
(c) The insurer shall have sole power to determine disability for volunteer
firefighters under the policy provided by this subsection (4).
(d) On and after July 1, 2004, the responsibility to provide a statewide
accidental death and disability insurance policy to cover all volunteer firefighters
serving in volunteer or paid and volunteer fire departments shall be the
responsibility of the department of local affairs pursuant to section 31-30-1134.
(5) (a) The board, in the performance of its duties under this article, shall
have the power of subpoena over persons, and books, papers, records, and other
things, and such power shall be enforceable by the courts; except that no subpoena
shall be issued until the subpoena has been approved by a vote of the board.
(b) The chair of the board, or any other member of the board designated by
the chair, shall have the power to administer oaths, in the performance of the duties
of the board under this article.
(5.5) The board may release the names and addresses of retirees of a plan
affiliated with the fire and police pension association pursuant to part 7 of this
article to the local pension board of the affiliated plan if:
(a) The local pension board has filed a written request in the manner
prescribed by the association; and
(b) The local pension board has provided the board with written assurances
that the information requested will be used only for pension-related purposes.
(6) The board shall have such other powers and duties as are specifically
granted pursuant to this article and parts 1 to 7 of article 30.5 of this title.
(7) The board may promulgate rules for the assessment of interest, including
the waiver of interest for good cause, on unpaid contributions to statewide plans.
Interest shall accrue at the rate of one-half of one percent per month.
(8) The board may assess the reasonable actuarial, audit, and operational
costs incurred by the association related to compliance with regulatory
requirements which are attributable to employers with members participating in
plans administered by the association. Alternatively, the board may find such costs
to be de minimis and pay the costs from the plan assets.