Colorado § 31-31-804 Reduction of disability benefits - definitions

Colorado Statutes

§ 31-31-804 — Reduction of disability benefits - definitions

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

(1)(a) (Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 191, � 4, effective March 25, 2009.)

(b)Any disability benefit provided pursuant to section 31-31-803 shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.

(c)Any member receiving an occupational disability benefit pursuant to section 31-31-803 or 31-31-806.5 and a social security benefit attributable to the member's quarters of social security coverage derived from employment as a member shall file an annual report concerning any social security income. If such member knowingly fails to file such report or files a fraudulent report, the disability benefit shall be disconti

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(1) (a) (Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 191, � 4,
effective March 25, 2009.)

(b) Any disability benefit provided pursuant to section 31-31-803 shall be
reduced by the pro rata amount of any social security benefit received by the
member attributable to the member's quarters of social security coverage derived
from employment as a member.

(c) Any member receiving an occupational disability benefit pursuant to
section 31-31-803 or 31-31-806.5 and a social security benefit attributable to the
member's quarters of social security coverage derived from employment as a
member shall file an annual report concerning any social security income. If such
member knowingly fails to file such report or files a fraudulent report, the disability
benefit shall be discontinued.

(2) The benefits payable under section 31-31-803 or 31-31-806.5 to any
member who is occupationally disabled prior to October 1, 2002, is permanently
occupationally disabled, or who is totally disabled and who at the time of the award
of such benefits is a member of a money purchase plan pursuant to this article 31 or
article 30.5 of this title 31, including any department chief, who at the time of the
award of such benefits has been exempted from the statewide retirement plan as
permitted by section 31-31.5-203, shall be reduced by an amount that is the
actuarial equivalent of the benefits such member receives from any such money
purchase plan, whether the benefits received from the money purchase plan are
paid on a periodic basis or in a lump sum. No such reduction shall exceed the
actuarial equivalent of money purchase plan benefits if such benefits had been
funded at the same rate of contributions specified in section 31-31.5-301.

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Legislative History

Source: L. 96: Entire article added with relocations, p. 929, � 1, effective May 23; (1)(a), (1)(c), and (2) amended, p. 317, � 5, effective November 17. L. 2001: (1)(a) and (1)(c) amended, p. 423, � 12, effective June 1. L. 2002: (1)(a), (1)(c), and (2) amended, p. 179, � 5, effective October 1. L. 2007: (1)(a) amended, p. 270, � 2, effective March 29. L. 2009: (1) amended, (SB 09-017), ch. 53, p. 191, � 4, effective March 25. L. 2022: (2) amended, (HB 22-1034), ch. 61, p. 310, � 16, effective January 1, 2023.