Colorado § 26-2-112 - Old age pensions for inmates of public institutions.

§ 26-2-112. Old age pensions for inmates of public institutions.

(1) Except as otherwise provided in this section, the application procedure, the investigation of applications, the procedure for granting of pensions, and all other provisions of this article relating to the administration of old age pensions shall apply to the class of old age pensions provided in section 26-2-111 (2)(a)(III).

(2) Where an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, meets the requirements for the class of old age pensions provided in section 26-2-111 (2)(a)(III) and has been committed to said public institution by order of the district or probate court, the superintendent or chief administrative officer of such institution shall make application for such pension for and in behalf of said inmate in the same manner as provided in section 26-2-106.

(3) (a) (I) Assistance payments under the old age pension granted to an inmate of the Colorado mental health institute at Pueblo, Colorado, or the Wheat Ridge regional center, the Pueblo regional center, or the Grand Junction regional center shall be paid to the chief financial officer of the institution within which the inmate is confined. Such chief financial officer shall receive and disburse such pension funds as trustee for such inmate and shall account for the same to the state controller in the manner now prescribed by law for the handling and accounting of trust or quasi-trust funds.

(II) Such chief financial officer shall be required to furnish, at the state's expense, a surety bond in such amount as the department of human services shall from time to time deem sufficient in the premises to protect such funds.

(III) It is the duty of such chief financial officer to pay monthly from the assistance payments under the old age pension, as prior claim therefrom, all lawful claims of said public institution for the care, support, maintenance, education, and treatment of said inmate in accordance with article 92 of title 27, C.R.S.

(b) Where assistance payments under the old age pension are granted to an inmate of an institution maintained by any county or municipality, such payments shall be paid to such conservator or guardian as the district or probate court of such county may appoint, and under and amendable to the statutes applicable to conservators and guardians when so appointed.

Source: L. 73: R&RE, p. 1186, § 2. C.R.S. 1963: § 119-3-12. L. 83: (3)(a)(I) amended, p. 1160, § 19, effective April 26. L. 91: (3)(a)(I) amended, p. 1145, § 13, effective May 18. L. 94: (3)(a)(II) amended, p. 2703, § 261, effective July 1. L. 2010: (3)(a)(III) amended, (SB 10-175), ch. 188, p. 803, § 73, effective April 29.

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.

ANNOTATION

Inmates have absolute right to participate in fund. This section gives the inmates of the institutions mentioned therein an absolute right to participate with others entitled to the benefits of the old age pension fund. Higgins v. Sinnock, 129 Colo. 66, 266 P.2d 1112 (1954).

Old age pension fund benefits may be used to cover a patient's costs while at the Colorado Mental Health Institute at Pueblo. In re Estate of Nau, 183 P.3d 626 (Colo. App. 2007).