Colorado § 31-30-1118 - Fund use - other purposes.

§ 31-30-1118. Fund use - other purposes.

(1) If the governing body of a municipality or district finds by resolution that no person is eligible or can become eligible for payment of a fund benefit, it may authorize contributions of all fund moneys for any fire-related purpose and, if no fire-related purpose exists, for any purpose as determined by the governing body of the municipality or district.

(2) At least sixty days before adoption of this resolution, the governing body of the municipality or district shall publish one notice in a newspaper with general circulation within the municipality or district and shall provide a copy of the published notice to the board of directors of the fire and police pension association. The notice must state that the intent of the governing body is to use the money in the fund for the purposes permitted in subsection (1) of this section and that persons who believe they are or may be entitled to benefit payments from the fund have fifty days from the date of the notice in which to file a written objection with the governing body regarding its proposed use of the fund. If a written objection is received, the governing body shall hold a public hearing before adoption of the resolution. Before the hearing, the governing body shall publish notice of the time and place of the hearing and send written notice of the hearing by certified mail to each person who files a written objection.

(3) If a person establishes a claim to a benefit from the fund within one year after adoption of this resolution, the municipality or district shall repay to the fund any money paid from the fund under this section, and no such additional payments shall be made from the fund.

Source: L. 95: Entire part added, p. 1373, § 2, effective June 5.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provision similar to this section.

The general assembly has neither expressly authorized nor forbidden a refund of individual pension fund contributions on termination of employment. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).

Home-rule city can contract to make such refunds. A home-rule city has authority to contract with its firemen and policemen to refund the employee's individual contributions to the respective pension funds on termination of employment prior to qualification for pension benefits. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).

Permitting the refund of individual pension fund contributions upon termination of employment is simply an extension of the general principle of protecting the welfare of contributors to the fund. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).

And denial of refunds would then be unjust. Where the city has contracted to make refunds of employee's contributions to pension funds on termination of employment, and policemen and firemen have relied upon such representations, to deny the refunds sought would be an unjust and unreasonable result. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).