(1) At any time that
a total disability, including an on-duty disability pursuant to section 31-31-806.5 (1),
ceases to exist, based upon periodic reexamination as may be required by the board
or based upon other evidence of ability to engage in substantial gainful activity, a
member retired for such disability shall be declared permanently occupationally
disabled, and the benefits provided by section 31-31-803 (1) or 31-31-806.5 (1) shall
be reduced to the level provided in section 31-31-803 (2.1). The five-year limitation
on investigations contained in section 31-31-803 (4)(b) shall not be applicable to the
enforcement of this subsection (1).
(2) (a) At any time that an occupational disability, including an on-duty
disability pursuant to section 31-31-806.5 (2), ceases to exist, based upon periodic
reexamination as may be required by the board, a member retired for such disability
may be restored to active service, and the benefits provided by section 31-31-803 or
31-31-806.5 (2) shall be discontinued. The member shall be restored to active
service by the member's former employer if a vacancy exists in the same position
the member held prior to retirement, or if there is a position of equal base pay
available, or if the member agrees to accept another available position that may not
be the same or of equal base pay to the member's former position.
(b) In addition, if the position to which the member will be restored requires,
as a matter of state law, that the member maintain any type of state certification,
the employer need not restore the member to such position if the member does not
have the necessary certification or the member's certification has otherwise lapsed,
expired, or been revoked. The employer, however, must afford the member an
opportunity to attain certification, recertification, or reactivation of an existing
certification and must hold open any position that the member has agreed to accept
pursuant to this subsection (2) for a period not to exceed one year. The board is
directed to evaluate the impact of this requirement on employers of association
members. The one-year period may extend beyond the five-year limitation set forth
in paragraph (f) of this subsection (2), as long as the opening occurs within the five-year period. Disability benefits will be continued during any period, not to exceed
one year, that the member is attempting to attain certification, recertification, or
reactivation.
(c) If, at the time of a board finding that a member's occupational disability
has ceased to exist, there is no opening in the same position the member held prior
to retirement or one of equal base pay and there is no opening in a position of lesser
base pay that the member agrees to accept, the board may order the member to
proceed with any necessary training in order to attain, reinstate, or reactivate any
certification required for the position from which the member retired. Disability
benefits shall be continued during the training period up to a maximum of one year.
(d) If the member refuses to take the steps necessary to attain certification,
recertification, or reactivation as required by paragraphs (b) and (c) of this
subsection (2), or if at the end of the one-year limitation on attaining certification,
recertification, or reactivation the member has not attained the necessary
certification, recertification, or reactivation, disability benefits shall be
discontinued, and the employer shall be relieved of further obligations pursuant to
this subsection (2).
(e) If a member refuses to accept the same or a position of equal base pay,
the benefits provided by section 31-31-803 shall be discontinued, but a member
shall not lose benefits if there is no such vacancy or if the member refuses to
accept a position that is not the same or of equal base pay to the member's former
position, or if the employer refuses to restore the member to active service, except
as provided pursuant to paragraph (b) of this subsection (2).
(f) If at least two members of the three-member physician panel examining
the member agree that an occupational disability ceases to exist, if the board
determines that such disability ceases to exist, and if no appropriate vacancy is
available at that time, the member shall have the first right of refusal to fill such a
vacancy if it occurs within five years from the date of original disablement. In the
event an occupational disability is based on a medical determination of mental
impairment or disease, all three members of the physician panel must agree, and
the board must determine, that the occupational disability ceases to exist before
the member is granted such first right of refusal.
(g) At least thirty days prior to making its determination, the board shall
provide written notice to the employer and member of the agreement of the
appropriate number of physicians and of the opportunity for a hearing, upon
request of the employer or member, before the board. If a hearing is requested, the
board shall provide the employer with copies of the medical reports prepared by
the physician panel with respect to any examination or reexamination of the
member. Neither the employer, the agents of the employer, including any physician
retained to review such reports, nor the association shall release such reports to
any other person except as otherwise allowed pursuant to section 24-72-204
(3)(a)(I), C.R.S.
(h) If the member refuses a vacancy in the same position the member held
prior to retirement or in a position of equal base pay to the member's former
position, the benefits provided by section 31-31-803 shall be discontinued. Except
as otherwise provided pursuant to this subsection (2), if the employer refuses to
allow a member who exercises such first right of refusal to fill the vacancy, the
employer shall thereafter pay the cost of the benefits provided by section 31-31-803.
(i) When a temporary occupational disability ceases to exist and the member
is restored to active service with the member's employer, a transfer will be made
from the statewide death and disability plan to the member's normal retirement
plan in the amount of the monthly employer and employee contributions being
made to the member's pension plan at the time of disability but not more than
sixteen percent of the monthly base salary that the member was being paid at the
time of disability retirement, multiplied by the number of months the member
received temporary occupational disability benefits. The member will receive
service credit for such transfer. A restored member of a local plan which has a
contribution rate in excess of sixteen percent shall have the difference between the
amount transferred and the amount that would have been contributed at the excess
rate, made up by an additional contribution from the employer.
(2.5) When a member on temporary occupational disability satisfies the age
and service requirements for a normal retirement, including the time the member
was on temporary occupational disability, a transfer shall be made from the
statewide death and disability plan to the member's normal retirement plan in the
amount of the monthly employer and employee contributions being made to the
member's pension plan at the time of disability but not more than sixteen percent of
the monthly base salary that the member was being paid at the time of disability
retirement, multiplied by the number of months the member received temporary
occupational disability benefits. A member of a statewide or local retirement plan
that has a mandatory contribution rate in excess of sixteen percent shall have the
difference between the amount transferred and the amount that would have been
contributed at the excess rate made up by an additional contribution from the
employer. The member shall then be granted a normal retirement under the
member's normal retirement plan and the temporary occupational disability
benefits under the statewide death and disability plan shall terminate.
(3) Within five years from the date of a board finding of occupational
disability pursuant to subsection (1) of this section or from the date of original
disablement pursuant to section 31-31-803 (2), (2.1), or (2.2), a member retired for
such disability may be declared totally disabled based upon periodic reexamination
as ordered by the board in its discretion. If the member is declared totally disabled,
the benefits provided by section 31-31-803 (2), (2.1), or (2.2) shall be increased to
the level provided in section 31-31-803 (1).