§ 31-31-803 — Retirement for disability
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(1) (a) (I) Any member hired before, on,
or after April 7, 1978, who becomes totally disabled, as defined in section 31-31-801
(4), shall be retired from active service for disability and shall be eligible to receive
the disability benefit provided by this subsection (1) or section 31-31-806.5 if the
member:
(A) Is not eligible for the normal retirement pension from a plan that is part
of the defined benefit system pursuant to section 31-31-204 or a local defined
benefit retirement pension provided pursuant to article 30.5 of this title; or
(B) Has not reached age fifty-five with twenty-five years of accumulated
service as a member and is a participant under the statewide money purchase plan
pursuant to part 5 of this article or under a local money purchase plan.
(II) The normal annual disability benefit for total disability for a member who
is retired pursuant to subparagraph (I) of this paragraph (a) shall be seventy percent
of the annual base salary paid to the member immediately preceding retirement for
disability.
(b) Notwithstanding subsection (5) of this section, a member eligible for the
normal annual disability benefit for total disability may elect to receive one of the
following disability benefit options in lieu of the normal annual disability benefit
provided under paragraph (a) of this subsection (1):
(I) Option 1. A reduced annual disability benefit payable to the member and,
upon the member's death, all of such reduced annual disability benefit to be paid to
the member's designated beneficiary for life;
(II) Option 2. A reduced annual disability benefit payable to the member and,
upon the member's death, one-half of such reduced annual disability benefit to be
paid to the member's designated beneficiary for life; or
(III) Option 3. A reduced annual disability benefit payable to the member and,
upon the member's death, all of such reduced annual disability benefit to be paid to
the member's surviving spouse and dependent children, if any, until the death of the
surviving spouse, the death of any adult dependent child found to be incapacitated
by the board, or until the youngest child, regardless of marital status, reaches
twenty-three years of age, whichever is later.
(c) A member shall be deemed to have elected option 3 specified in
subparagraph (III) of paragraph (b) of this subsection (1) if the member is eligible for
a benefit for total disability under this subsection (1), is survived by a spouse or
dependent child, and dies before making an election allowed under paragraph (b) of
this subsection (1).
(d) (Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 188, � 2, effective
March 25, 2009.)
(2) (a) A member who becomes occupationally disabled, as defined in section
31-31-801 (3), and is awarded a disability retirement prior to October 1, 2002, shall
be retired from active service for such time as the occupational disability continues
and shall be eligible to receive the disability benefit provided by this subsection (2)
or section 31-31-806.5 if the member:
(I) Is not eligible for the normal retirement pension from a plan that is part of
the defined benefit system pursuant to section 31-31-204 or a local defined benefit
retirement pension provided pursuant to article 30.5 of this title; or
(II) Has not reached age fifty-five with twenty-five years of accumulated
service as a member and is a participant under the statewide money purchase plan
pursuant to part 5 of this article or under a local money purchase plan.
(b) The annual disability benefit for occupational disability for a member who
is retired pursuant to paragraph (a) of this subsection (2) shall be thirty percent of
the annual base salary paid to the member immediately preceding retirement for
disability. The benefit shall be increased by:
(I) Ten percent of the annual base salary if such member had a spouse at the
time of becoming occupationally disabled, for so long as such spouse survives and
is married to such member or is legally entitled to maintenance from such member
in an amount equal to or greater than the amount of the increase in the benefit
authorized by this subparagraph (I). If the amount of maintenance is less than the
amount of the increase in the benefit authorized by this subparagraph (I), the
benefit shall be increased by an amount equal to the amount of the maintenance;
except that, for any member who is receiving the benefit authorized by this
subparagraph (I) and who becomes legally required to pay maintenance prior to
June 1, 2001, the amount of the benefit shall be ten percent of the annual base
salary.
(II) Ten percent of the annual base salary if such member has any dependent
children.
(III) (Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 188, � 2,
effective March 25, 2009.)
(2.1) (a) A member who becomes permanently occupationally disabled, as
defined in section 31-31-801 (3.2), shall be retired from active service for such time
as the permanent occupational disability continues and shall be eligible to receive
the disability benefit provided by this subsection (2.1) or section 31-31-806.5 if the
member:
(I) Is not eligible for the normal retirement pension from a plan that is part of
the defined benefit system pursuant to section 31-31-204 or a local defined benefit
retirement pension provided pursuant to article 30.5 of this title; or
(II) Has not reached age fifty-five with twenty-five years of accumulated
service as a member and is a participant under the statewide money purchase plan
pursuant to part 5 of this article or under a local money purchase plan.
(b) The annual disability benefit for a permanent occupational disability for a
member who is retired pursuant to paragraph (a) of this subsection (2.1) shall be
fifty percent of the annual base salary being paid to the member immediately
preceding retirement for disability.
(2.2) (a) A member who becomes temporarily occupationally disabled, as
defined in section 31-31-801 (3.4), shall be retired from active service for such time
as the temporary occupational disability continues for a period up to five years from
the date of original disablement and shall be eligible to receive the disability
benefit provided by this subsection (2.2) or section 31-31-806.5 if the member:
(I) Is not eligible for the normal retirement pension from a plan that is part of
the defined benefit system pursuant to section 31-31-204 or a local defined benefit
retirement pension provided pursuant to article 30.5 of this title; or
(II) Has not reached age fifty-five with twenty-five years of accumulated
service as a member and is a participant under the statewide money purchase plan
pursuant to part 5 of this article or under a local money purchase plan.
(b) The annual disability benefit for a temporary occupational disability for a
member who is retired pursuant to paragraph (a) of this subsection (2.2) shall be
forty percent of the annual base salary being paid to the member immediately
preceding retirement for disability.
(c) A member found to have a temporary occupational disability shall be
subject to reexamination at such times and in such manner as the board may direct.
Based on the recommendations of the physician panel, the board may require
treatment, counseling, or therapy necessary to rehabilitate the member for return
to work. At the time of reexamination, a member with a temporary disability shall
provide evidence of compliance with the requirements established by the board.
Benefits may be terminated by the board if the member fails to make rehabilitation
efforts or if sufficient evidence of compliance and continuing disability is not
provided to the board by the disabled member.
(d) A member who remains disabled may apply for an upgrade to permanent
occupational disability or to total disability no later than six months prior to the end
of five years from the date of original disablement. A member may be upgraded to a
permanent occupational disability upon a finding by the board that the member
meets the definition contained in section 31-31-801 (3.2) or to a total disability upon
a finding by the board that the member meets the definition contained in section 31-31-801 (4). After the five-year period, benefits shall cease unless the member has
been upgraded to either permanent occupational disability or total disability.
(e) A member whose disability benefits cease and who is not restored to
active service or a member who elects to terminate his or her disability benefits
shall be entitled to:
(I) Any vested benefit earned through his or her years of service prior to
becoming disabled, payable at normal retirement age; or
(II) A refund of the member's contributions if no benefit is vested.
(3) (a) Notwithstanding any other provision of this section, no benefits shall
be payable for any disability resulting in whole or in part from:
(I) Addiction to a controlled substance, the use of which is prohibited in
article 18 of title 18, C.R.S.;
(II) Engaging in any act for which the member has been convicted of a felony;
or
(III) An intentionally self-inflicted injury.
(b) For purposes of this subsection (3), addiction shall have the same
meaning as set forth in part 8 of article 245 of title 12 and controlled substance
shall have the same meaning as set forth in part 2 of article 80 of title 27.
(4) (a) (I) The determination of disability, whether occupational or total or
whether on-duty, shall be made by the board, and the board shall consider reports
to be made by a panel of three physicians who shall be appointed by the board upon
the recommendation of a medical advisor with whom the board shall contract to
provide advisory services and any other evidence the board deems relevant. The
board shall not make a determination of disability unless two of the three
physicians examining the applicant agree that a disability exists, but the board
shall not be bound by the physicians' determination that a disability exists.
(II) The board may consider any relevant evidence, including medical
evidence, in making its determination regarding the origin of an applicant's
disability and may request that the three physicians appointed by the board to
examine the applicant also provide an opinion as to whether the applicant's injury
was received while performing official duties or whether the applicant's
occupational disease arose out of and in the course of the applicant's employment.
(III) In all cases under this subsection (4), section 31-31-805, or section 31-31-806.5, the board:
(A) May appoint hearing officers who are experienced in disability matters to
conduct hearings and make findings and recommendations to the board on any
issue relating to an applicant's disability;
(B) May adopt rules to establish a process for the administrative approval of
disability applications, including standards of review for the applications, without
board review; and
(C) Shall take any final action that constitutes a denial of a disability
application or a reduction of a benefit.
(b) The board shall have the authority to investigate claims for disability
retirement benefits at the time of initial application for benefits or subsequent to an
award of benefits in order to determine eligibility or continuing eligibility for such
benefits. The board shall appoint such investigators and other personnel as may be
necessary to carry out this function. No investigation of a member who has been
awarded a disability retirement shall be pursued if more than five years has elapsed
since the date of the award.
(c) If the board determines that an applicant for retirement for disability is
not disabled and the applicant is on sick leave, disability leave, or other type of
leave of absence, is serving in a temporary position pending the determination of an
application, or has been terminated from employment by the employer on the basis
of an alleged disability, the employer shall reinstate the applicant to active service
in the same position the applicant held prior to the commencement of such leave,
assignment to a temporary position, or termination. If the employer refuses to
reinstate the applicant to the applicant's prior position, the employer shall
thereafter pay benefits to the applicant as if the applicant had been determined
occupationally disabled by the board. The employer shall continue to pay such
benefits until the applicant is reinstated to the applicant's prior position or declines
an offer of reinstatement.
(5) (a) Any member who is awarded a total disability pension or a permanent
occupational disability pension under this section or section 31-31-806.5 shall be
eligible to receive the applicable normal disability pension provided in this section
or to make an election for a reduced pension in the manner provided in this section.
(b) (I) If, after making the election of a normal disability pension, an
unmarried member who receives a single life annuity at the time benefits
commence and whose marital status changes as the result of marriage or
remarriage shall be eligible to change the member's original election to take a
reduced pension in the same manner as the original election authorized in
paragraph (a) of this subsection (5) within one hundred eighty days of the date of
the marriage or remarriage or January 1, 2008, whichever date is later. If, after such
selection of a different payment option, the member subsequently dies within one
hundred eighty days following the marriage or remarriage, the only survivor benefit
payable to the member's designated beneficiary shall be the difference between
the single life option amount payable to the member prior to marriage or
remarriage and the amount of the reduced benefit that was actually paid to the
deceased member after the marriage or remarriage and prior to the member's
death.
(II) The newly elected pension shall be recalculated as the actuarial
equivalent of the remainder of the original pension for which the member would
otherwise have been eligible if the member had not changed the original election.
(6) (a) The benefits payable under the statewide death and disability plan
established in this part 8 shall be redetermined effective October 1 each year, and
such redetermined amount shall be payable for the following twelve months. To be
eligible for redetermination, such benefits shall have been paid for at least twelve
calendar months prior to the effective date of redetermination. The annual
redetermination of benefits made pursuant to this section shall be in lieu of any
other annual cost of living adjustment.
(b) (I) For the redetermination of occupational disability benefits payable
pursuant to subsections (2), (2.1), and (2.2) of this section and section 31-31-806.5,
the amount of the benefit on the effective date of the benefit shall be increased by
a percentage to be determined by the board but not more than three percent for
each full year contained in the period commencing with the effective date of the
benefit and ending with the effective date of the redetermination.
(II) For the redetermination of total disability benefits payable pursuant to
subsection (1) of this section and section 31-31-806.5, the amount of the benefit on
the effective date of the benefit shall be increased by three percent for each full
year contained in the period commencing with the effective date of the benefit and
ending with the effective date of the redetermination.
(c) The cost of the adjustment of benefits provided by this section shall be
funded in the same manner as other benefits established by this part 8.
(7) (a) The benefits payable under this section or section 31-31-806.5 to any
member who is awarded an occupational disability prior to October 1, 2002, a total
disability, or who is permanently occupationally disabled and who is also eligible to
receive payments from the member's individual account pursuant to part 5 of
article 31.5 of this title 31 or a similar provision in a local pension plan shall be
reduced by an amount that is the actuarial equivalent of the benefits such member
is eligible to receive from the separate retirement account, whether the benefits
received from the account are paid on a periodic basis or in a lump sum.
(b) The benefits payable under this section or section 31-31-806.5 to any
member who is awarded a total disability or who is permanently occupationally
disabled and who is also eligible to receive a defined benefit from a statewide or
local pension plan shall be reduced by the amount of the defined benefit.
(8) (a) A member eligible for a permanent occupational disability benefit
under subsection (2.1) of this section or a permanent occupational disability benefit
under section 31-31-806.5 may elect to receive one of the following disability
benefit options in lieu of such disability benefit:
(I) Option 1. A reduced annual disability benefit payable to the member and,
upon the member's death, all of such reduced annual disability benefit to be paid to
the member's designated beneficiary for life;
(II) Option 2. A reduced annual disability benefit payable to the member and,
upon the member's death, one-half of such reduced annual disability benefit to be
paid to the member's designated beneficiary for life; or
(III) Option 3. A reduced annual disability benefit payable to the member
and, upon the member's death, all of such reduced annual disability benefit to be
paid to the member's surviving spouse and dependent children, if any, until the
death of the surviving spouse, the death of any adult dependent child found to be
incapacitated by the board, or until the youngest child, regardless of marital status,
reaches twenty-three years of age, whichever is later.
(b) A member shall be deemed to have elected option 3 specified in
subparagraph (III) of paragraph (a) of this subsection (8) if the member is awarded a
permanent occupational disability benefit under subsection (2.1) of this section or
an occupational disability benefit under section 31-31-806.5, is survived by a spouse
or dependent child, and dies before making an election allowed under paragraph (a)
of this subsection (8).
(9) After an election has been made of any of the options provided in
paragraph (b) of subsection (1) or paragraph (a) of subsection (8) of this section, the
election shall be irrevocable when the first disability benefit payment has been
deposited or otherwise negotiated by the member or sixty days after the date of
issuance of the check, whichever occurs first. The member's beneficiary
designation shall also be irrevocable at such time unless the member's marital
status changes as a result of dissolution of marriage, death of a beneficiary,
marriage, or remarriage or in the event of the death of a beneficiary. In such case,
the member may designate a new beneficiary; except that, in cases of dissolution of
marriage, this subsection (9) shall only apply to any final dissolution of marriage
decree of a member entered on or after July 1, 1990.
(10) The joint disability benefit provided in this section shall be calculated as
the actuarial equivalent of the normal annual disability benefit otherwise payable
as provided in this section. In the event of a change in the beneficiary designation
pursuant to subsection (9) of this section, the joint disability benefit payable shall
be recalculated so as to be the actuarial equivalent of the remainder of the original
disability benefit based upon the member's initial beneficiary designation, if any.
(11) Repealed.
(12) Notwithstanding any limitation provided under article 80 of title 13 or
any other applicable limitation, any application for disability must be filed by the
member no later than three hundred sixty-five days after the last day on the payroll
under which disability coverage under this section is provided.
(13) Within the application for disability benefits, a member may irrevocably
elect not to be considered for reinstatement in the event that such member
becomes eligible. Any such election shall terminate any obligation for
reinstatement by the employer.
(14) Within the application for disability benefits, the employer shall:
(a) Make a statement indicating the reason for the member's separation from
employment; and
(b) State any additional basis for disability under the death and disability
program which the employer believes exists and include any documentation of
relevant medical evidence. In the event the member's disability ceases to exist and
the member becomes eligible to be restored to active service pursuant to section
31-31-805 (2), the member may be considered for a continuing disability by the
board with regard to the additional basis provided by the employer. The
consideration shall be conducted as if the member had filed an original application;
except that limitation periods under section 31-31-805 (2) shall accrue from the
date of the original disablement. If the member fails to be examined with regard to
the additional basis, the member shall be entitled to neither reinstatement nor
continuing disability benefits.
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