Colorado § 31-30.5-103 - Applicability.

§ 31-30.5-103. Applicability.

(1) (a) Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.

(b) In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:

(I) The member has prior service as a firefighter or police officer in the state of Colorado;

(II) The current employer approved coverage under its old hire pension plan or any other local plan;

(III) The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and

(IV) The member requested such coverage, in writing, on or before December 31, 1981.

(2) The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:

(a) Members covered under an exempt pension plan established by part 8 of this article;

(b) Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section 31-31-701, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and

(c) Members covered under the federal "Social Security Act", unless their employer also provides supplemental retirement benefits under an old hire pension plan.

(3) Repealed.

Source: L. 96: Entire article added with relocations, p. 857, § 1, effective May 23. L. 2014: (2)(b) amended, (SB 14-031), ch. 52, p. 247, § 8, effective March 20. L. 2024: (2)(b) amended, (HB 24-1042), ch. 15, p. 36, § 2, effective March 6. L. 2025: (3) repealed, (SB 25-275), ch. 377, p. 2109, § 336, effective August 6.

Editor's note: (1) This section was formerly numbered as § 31-30-1003.

(2) Subsection (3) was relocated to § 31-30.5-102 in 2025.

ANNOTATION

Annotator's note. Since § 31-30.5-103 is similar to § 31-30-1003 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing the provisions of that section have been included in the annotations to this section.

Non-vesting provisions constitutional. Notwithstanding the holding in City of Colo. Springs v. State, 626 P.2d 1122 (Colo. 1981), that the 1978 version of the Policeman's and Fireman's Pension Reform Act constituted unconstitutional retrospective legislation, the non-vesting provisions of said act are severable and therefore constitutional. Steins v. Fire & Police Pension Ass'n, 684 P.2d 180 (Colo. 1984).

Plaintiffs not entitled to greater benefits under Denver plan. Peterson v. Fire & Police Pension Ass'n, 725 P.2d 81 (Colo. App. 1986), aff'd in part, rev'd in part on the grounds, 759 P.2d 720 (Colo. 1988).

Refund of employer and employee contributions under subsection (2)(b)(V). The provisions of this section require the fire and police pension association to refund to withdrawing local governments all contributions previously made by them on behalf of both present and former employees. Littleton v. Fire & Police Pension Ass'n, 786 P.2d 458 (Colo. App. 1989).

All moneys refunded by the fire and police pension association must be deposited directly in the local government's alternative pension plan. City of Lamar v. Lamar Police Dept., 857 P.2d 457 (Colo. App. 1992).

PART 2

ADMINISTRATION