Colorado § 31-31-806.5 Disability benefits - on-duty

Colorado Statutes

§ 31-31-806.5 — Disability benefits - on-duty

Colorado § 31-31-806.5

Title 31Government

Art.Fire - Police - New Hire Pension Plans

This text of Colorado § 31-31-806.5 (Disability benefits - on-duty) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 31-31-806.5 (2026).

Text

(1)If the board determines that a member, who is otherwise eligible to apply for disability retirement benefits under section 31-31-803, is required to terminate the member's regular employment due to a total disability, as defined in section 31-31-801 (4), that is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment, the member is eligible for a disability benefit in an amount provided for in section 31-31-803 (1).

(2)If the board determines that a member who is otherwise eligible to apply for disability retirement benefits under section 31-31-803 is required to terminate the member's regular employment due to an occupational disability, a temporary occupational disability, or a

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(1) If the board determines that a
member, who is otherwise eligible to apply for disability retirement benefits under
section 31-31-803, is required to terminate the member's regular employment due
to a total disability, as defined in section 31-31-801 (4), that is the result of an injury
received while performing official duties or an occupational disease arising out of
and in the course of the member's employment, the member is eligible for a
disability benefit in an amount provided for in section 31-31-803 (1).

(2) If the board determines that a member who is otherwise eligible to apply
for disability retirement benefits under section 31-31-803 is required to terminate
the member's regular employment due to an occupational disability, a temporary
occupational disability, or a permanent occupational disability that, regardless of
the type of occupational disability, is the result of an injury received while
performing official duties or an occupational disease arising out of and in the
course of the member's employment, the member is eligible for a disability benefit
in an amount provided for in section 31-31-803.

(3) The board shall promulgate rules that specify standards for determining
whether a member's disability is the result of an injury received while performing
official duties or an occupational disease arising out of and in the course of
employment and that establish procedures for making such determination.

(4) (a) The board shall promulgate rules that specify the method of reviewing
existing disability retirement awards to determine whether a member's total
disability or occupational disability is the result of an injury received while
performing official duties or an occupational disease arising out of and in the
course of the member's employment and that establish procedures for making such
determination, including the appointment of hearing officers to conduct hearings.

(b) The determinations made by the board pursuant to this subsection (4)
shall be made solely on the basis of the medical evidence that was previously
submitted in connection with the member's application for disability retirement
benefits and other relevant evidence that is contemporaneous in time with the
termination of the member's employment.

(c) Any decision made by the board to change a member's existing disability
retirement award to an on-duty disability retirement benefit under this section shall
operate on a prospective basis from the date of the board's decision.

Legislative History

Source: L. 96: Entire section added, p. 315, � 3, effective August 7. L. 97: (2) amended, p. 198, � 4, effective August 6. L. 2002: (2) amended, p. 181, � 9, effective October 1. L. 2009: (2) amended, (SB 09-017), ch. 53, p. 192, � 6, effective March 25.