§ 31-31-810 — Employer liability - statewide standard health history form

(1)
(a) The employer of a member shall be liable for the total payment of benefits
awarded under this part 8 if the board determines that:

(I) The member's occupational or total disability existed at the
commencement of employment by the employer, or the occupational or total
disability is the proximate consequence or result of a medical condition that existed
at the commencement of employment by the employer, and such employment
commenced on or after September 1, 1989;

(II) The employment was not ordered by a court; and

(III) The employer failed to require the member to complete and file the
health form required by subsection (1)(c) of this section.

(b) The board shall enforce a claim for repayment against the employer by
either increasing the contribution of the employer under part 3 of article 31.5 of this
title 31 or by the commencement and prosecution of a civil action. The choice of
remedies shall be in the sole discretion of the board.

(c) (I) Every newly hired member shall complete a health history on the
statewide standard health history form, described in subsection (1)(c)(III) of this
section.

(II) Every employer shall require completion of the statewide standard health
history form by the newly hired member within thirty days of the first date of
employment. The completed form shall be filed with the fire and police pension
association within sixty days from commencement of employment if filed by the
employer after completion.

(III) The board shall adopt, pursuant to the authority granted it by section 31-31-202 (1)(j), a statewide standard health history form. The board may revise the
form from time to time and may adopt an electronic format for completing and
filing the form.

(IV) Any member who fraudulently conceals any material fact concerning
health history when completing the form may be disqualified from receiving an
award of disability benefits under this section if the board determines that the
condition concealed by the member proximately caused the total or occupational
disability.

(V) Any member shall be ineligible for disability benefits with respect to an
occupational or total disability that is the proximate consequence or result of a pre-existing and permanent medical condition.

(2) (a) The employer of a deceased member shall be liable for the total
payment of benefits awarded under this part 8 if the board determines that:

(I) The member was occupationally or totally disabled at the time of the
commencement of employment by the employer, or had a medical condition at the
time of the commencement of employment by the employer, and such employment
commenced on or after September 1, 1989;

(II) Such preexisting disability or medical condition was the proximate cause
of the death of the member;

(III) The employment was not ordered by a court; and

(IV) The employer failed to require the member to complete and file the
health form required by subsection (1)(c) of this section.

(b) The board shall enforce a claim for repayment against the employer
either by increasing the contribution of the employer under part 3 of article 31.5 of
this title 31 or by the commencement and prosecution of a civil action. The choice of
remedies shall be in the sole discretion of the board.

(c) (I) The surviving spouse and dependent children of a member, whose
employer filed the statewide standard health history form pursuant to paragraph (c)
of subsection (1) of this section, may be disqualified from receiving an award of
survivor benefits under this section if the deceased member fraudulently concealed
any material fact concerning the member's health history when completing the
form, and the board determines that the condition concealed by the member
proximately caused the death of the member.

(II) The surviving spouse and dependent children of any member shall be
ineligible for an award of survivor benefits in the event the member's death is the
proximate consequence or result of a pre-existing and permanent medical
condition.

Legislative History

Source: L. 96: Entire article added with relocations, p. 934, � 1, effective May 23. L. 2016: (1)(c)(II) amended, (HB 16-1028), ch. 25, p. 60, � 2, effective August 10. L. 2018: (1)(a)(III), (1)(c)(I), (1)(c)(II), (1)(c)(III), (1)(c)(V), (2)(a)(IV), and (2)(c)(II) amended, (HB 18-1056), ch. 116, p. 813, � 1, effective August 8. L. 2022: (1)(b) and (2)(b) amended, (HB 22-1034), ch. 61, p. 310, � 18, effective January 1, 2023.