Colorado § 29-5-302 - Required benefits - conditions of receiving benefits - repeal.

§ 29-5-302. Required benefits - conditions of receiving benefits - repeal.

(1) (a) Except as provided in subsection (1)(b) of this section, an employer shall participate in a multiple employer health trust in order to provide the benefits specified in this section for covered individuals unless the funding provided for the benefit required by this section is insufficient pursuant to subsection (12) of this section.

(b) A city and county or a municipality that, as of July 2022, has a population of four hundred thousand or more people, and as of April 30, 2024, has enacted an ordinance to provide the benefits specified in this section for its firefighters need not participate in a multiple employer health trust as required by subsection (1)(a) of this section so long as the ordinance remains in effect.

(2) An employer shall provide the following minimum benefits:

(a) (I) A four-thousand-dollar-lump-sum payment if a medical examination reveals that a covered individual has a heart and circulatory malfunction; and

(II) A one-thousand-five-hundred-dollar payment per week, up to a maximum of seven weeks, if a covered individual made an emergency room visit and was hospitalized for up to forty-eight hours for a heart and circulatory malfunction;

(b) (I) A two-thousand-dollar payment per week, up to a maximum of twenty-five weeks, if a covered individual made an emergency room visit and was hospitalized for more than forty-eight hours for a heart and circulatory malfunction; or

(II) A two-thousand-five-hundred-dollar payment per week, up to a maximum of eighty weeks, if a covered individual has a heart and circulatory malfunction that prohibits the covered individual from returning to employment to a position that the covered individual is trained for or reasonably could be trained to perform;

(c) A payment of up to twenty-five thousand dollars for rehabilitative employment services relating to a heart and circulatory malfunction;

(d) A ten-thousand-dollar payment if a covered individual incurs cosmetic disfigurement resulting from a heart and circulatory malfunction; and

(e) If the covered heart and circulatory malfunction is diagnosed as terminal, a lump sum payment of twenty-five thousand dollars as an accelerated payment toward the benefits due in subsections (2)(a) and (2)(b) of this section.

(3) The receipt of a payment pursuant to subsection (2)(a)(II) or (2)(b)(I) of this section does not prohibit the covered individual from receiving an additional benefit.

(4) If a covered individual returns to the same position of employment after a heart and circulatory malfunction, the covered individual is entitled to the benefits in subsection (2) of this section for any subsequent heart and circulatory malfunction.

(5) The maximum amount that may be paid to a covered individual for each heart and circulatory malfunction is two hundred fifty thousand dollars.

(6) The benefits and maximum payment amount in subsection (2) of this section are increased by the same percentage and at the same time as any fire and police pension association increase in the pension benefit paid to its members pursuant to section 31-31.5-410.

(7) (a) The benefits paid pursuant to this section must be offset by any payments made:

(I) Under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.;

(II) By the fire and police pension association;

(III) Pursuant to social security or a retirement plan; or

(IV) As part of any other employer-paid income benefit that is made as a result of a heart and circulatory malfunction.

(b) The offsets specified in paragraph (a) of this subsection (7) apply only from the date of the determination of entitlement for the payments and do not require the repayment of any money received prior to the determination.

(8) The benefits in this section are reduced by twenty-five percent if a covered individual smoked a tobacco product within five years immediately preceding the work event.

(9) In order for a covered individual to be eligible for the benefits in subsection (2) of this section, the following conditions must be met:

(a) Prior to the work event that results in a heart and circulatory malfunction and after the covered individual became employed by an employer, the covered individual had a medical examination that would reasonably have found an illness or injury that could have caused the heart and circulatory malfunction and no illness or injury was found at the most recent such medical examination;

(b) A covered individual who is a firefighter must have at least five years of continuous, full-time employment with an employer; a covered individual who is a part-time firefighter must have at least five years of continuous, part-time or full-time employment with an employer; and a covered individual who is a volunteer firefighter must have at least five years of continuous service with the same employer; and

(c) The heart and circulatory malfunction occurred during or within forty-eight hours after a work event.

(10) For the purpose of employer policies and benefits, a heart and circulatory malfunction is treated as an on-the-job injury or illness. This subsection (10) does not affect any determination as to whether the heart and circulatory malfunction is covered under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S.

(11) (a) There is hereby created in the state treasury the firefighter benefits cash fund. The fund consists of money appropriated from the general fund by the general assembly. The money in the fund is subject to annual appropriation by the general assembly to the department of local affairs for the purpose of reimbursing employers for the direct costs of participation in a multiple employer health trust as required by this part 3 and part 4 of article 5 of this title 29.

(I) On July 1, 2028, the state treasurer shall transfer two million five hundred thousand dollars to the fund from the general fund, and on each July 1 thereafter, sufficient funds, subject to annual appropriation, to reimburse employers for the direct costs of providing the benefits required by this part 3 and 4 of article 5 of this title 29 for volunteer and part-time firefighters.

(II) The general assembly shall appropriate three hundred thousand dollars for the state fiscal year beginning on July 1, 2024, five hundred thousand dollars for the state fiscal year beginning on July 1, 2025, and one million dollars for the state fiscal year beginning on July 1, 2027, from the general fund to the department of local affairs to reduce participating employer contributions for volunteer firefighters and part-time firefighters. Money appropriated pursuant to this subsection (11)(a)(II) shall be first used to reduce participating employer contributions for volunteer firefighters and the remainder shall be first used for part-time firefighters and any remaining amounts may then be used for full-time firefighters.

(III) Subsection (11)(a)(II) of this section is repealed, effective July 1, 2028.

(b) The department of local affairs shall reimburse employers for the direct costs of participation in a multiple employer health trust as required by this part 3.

(12) If, at any time, the funding provided for the benefit required by this section is insufficient to cover the cost of the benefit, then the requirements of this section to maintain the benefit shall become optional pursuant to section 29-1-304.5.

Source: L. 2014: Entire part added, (SB 14-172), ch. 325, p. 1425, § 1, effective January 1, 2015. L. 2024: (6) amended, (HB 24-1042), ch. 15, p. 36, § 1, effective March 6; (1) and (11) amended, (SB 24-089), ch. 247, p. 1625, § 1, effective May 24; (1), (2)(a), (2)(b), (2)(d), (2)(e), (3), (4), (5), (8), IP(9), (9)(a), (9)(b), and (11)(a) amended, (HB 24-1219), ch. 282, p. 1881, § 2, effective May 29. L. 2026: (11)(a)(II) amended, (HB 26-1397), ch. 330, p. 1924, § 1, effective June 2.

Editor's note: Amendments to subsections (1) and (11) of this section by SB 24-089 and HB 24-1219 were harmonized.

PART 4

VOLUNTARY FIREFIGHTER CANCER BENEFITS PROGRAM