Colorado § 31-31-802 Coverage

Colorado Statutes

§ 31-31-802 — Coverage

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

(1)Except as provided in section 31-31-803, any member hired before, on, or after April 7, 1978, is eligible for the benefits provided by this part 8, with the exception of the following:

(a)Any member whose employer covers them under the federal Social Security Act shall be exempt from the provisions of this part 8 except the provisions of section 31-31-202;

(b)Members whose employer had established an exempt defined benefit pension plan in accordance with part 8 of article 30.5 of this title, on January 1, 1980, unless an employer irrevocably elects not later than October 1, 1983, to be subject to the provisions of this part 8;

(c)Members whose employer had established a money purchase plan on or before December 1, 1978, in accordance with the provisions of part 8 of artic

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(1) Except as provided in section 31-31-803, any
member hired before, on, or after April 7, 1978, is eligible for the benefits provided
by this part 8, with the exception of the following:

(a) Any member whose employer covers them under the federal Social
Security Act shall be exempt from the provisions of this part 8 except the
provisions of section 31-31-202;

(b) Members whose employer had established an exempt defined benefit
pension plan in accordance with part 8 of article 30.5 of this title, on January 1,
1980, unless an employer irrevocably elects not later than October 1, 1983, to be
subject to the provisions of this part 8;

(c) Members whose employer had established a money purchase plan on or
before December 1, 1978, in accordance with the provisions of part 8 of article 30.5
of this title 31; and

(d) Any member whose employer has affiliated with the public employees'
retirement association for the purpose of administering retirement benefits for its
members.

(2) (a) Departments participating in a plan established pursuant to part 4, 5,
or 11 of this article 31 or article 31.5 of this article 31 or article 31.5 of this title 31
and not participating in the plan for disability and survivor benefits under this part 8
may be covered by the provisions of this part 8 in accordance with the terms,
conditions, and procedures established by the board.

(b) No withdrawal from coverage under the disability and survivor benefits
provisions of this part 8 will be permitted to take effect after December 31, 2001.

(c) to (e) (Deleted by amendment, L. 2020.)

(f) Once an employer has withdrawn under this subsection (2), reentry into
the disability and survivor benefit plan provided by this part 8 shall be permitted
only once, in accordance with terms, conditions, and procedures established by the
board.

(3) If an employer that is otherwise required to enroll its members under the
plan fails to properly enroll such members, neither the fire and police pension
association nor the death and disability trust fund is obligated or liable for any
purpose to any person or employer arising from such failure.

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Legislative History

Source: L. 96: Entire article added with relocations, p. 926, � 1, effective May 23; (1)(c) amended and (2) added, p. 1337, � 1, effective June 1. L. 2003: (1)(d) added, p. 1233, � 5, effective August 6. L. 2013: (3) added, (SB 13-080), ch. 68, p. 222, � 2, effective August 7. L. 2017: (1)(c) amended, (SB 17-020), ch. 23, p. 70, � 5, effective March 8. L. 2020: (1)(c) and (2) amended, (HB 20-1044), ch. 105, p. 411, � 10, effective September 14. L. 2022: (2)(a) amended, (HB 22-1034), ch. 61, p. 309, � 14, effective January 1, 2023.