Colorado § 31-30.5-201 - Funds created.

§ 31-30.5-201. Funds created.

(1) There is created and established in each employer having fire department old hire members, a pension fund to be known as the "firefighters' old hire pension fund".

(2) There is created and established in each employer having police department old hire members, a pension fund to be known as the "police officers' old hire pension fund".

Source: L. 96: Entire article added with relocations, p. 858, § 1, effective May 23.

Editor's note: Provisions of this section were formerly numbered as §§ 31-30-501 and 31-30-601.

ANNOTATION

Annotator's note. Since § 31-30.5-201 is similar to §§ 31-30-401 and 31-30-501 as they existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, a relevant case construing the provisions of those sections has been included in the annotations to this section.

Board does not have discretionary power to alter pension eligibility requirements mandated by the general assembly. Agee v. Trustees of Pensions Bd., 33 Colo. App. 268, 518 P.2d 301 (1974).

Standard of review in case of pension eligibility is whether the criteria applied by the board conforms with statutory provisions, not whether the board abused its discretion in granting the pensions. Agee v. Trustees of Pension Bd., 33 Colo. App. 268, 518 P.2d 301 (1974).

Firemen's pension act does not impair obligation of contracts of employment in violation of § 11 of art. II, Colo. Const. Huff v. Mayor & City Council, 182 Colo. 108, 512 P.2d 632 (1973).

Pension plans matter of statewide concern. Pension plans for firemen have a direct bearing on the matter of fire protection and are for that reason matters of statewide concern. Huff v. Mayor & City Council, 182 Colo. 108, 512 P.2d 632 (1973).

City ordinances inconsistent with firemen's pension act fail. Because the subject of firemen's pensions has statewide dimensions, inconsistent provisions of a city ordinance must fail insofar as they are inconsistent with the firemen's pension act. Huff v. Mayor & City Council, 182 Colo. 108, 512 P.2d 632 (1973).

Those sections of the Colorado Springs municipal code which bear on the question of firemen's pensions, insofar as they conflict with the firemen's pension act, are invalid, and the provisions of the firemen's pension act apply to the city of Colorado Springs. Huff v. Mayor & City Council, 182 Colo. 108, 512 P.2d 632 (1973).

Firemen's pension act requires only two things of cities over 100,000 population: (1) These cities are required to activate a board of trustees which is to administer the retirement system; and (2) these cities are required to levy a one mill tax on the taxable property of the city for benefit of the fund. Huff v. Mayor & City Council, 182 Colo. 108, 512 P.2d 632 (1973).

Board does not have discretionary power to alter pension eligibility requirements mandated by the general assembly. Agee v. Trustees of Pension Bd., 33 Colo. App. 268, 518 P.2d 301 (1974).

Standard of review in case of pension eligibility is whether the criteria applied by the board conform with statutory provisions, not whether the board abused its discretion in granting the pensions. Agee v. Trustees of Pension Bd., 33 Colo. App. 268, 518 P.2d 301 (1974).

The Public Employee Retirement Association (PERA) and the Policemen's and Firemen's Pension Reform Act statutory provisions have established a defined benefit contributory pension system in which most public employees are required to participate. By making these contributions, employees obtain a limited vesting of pension rights, which ripen into vested pension rights upon attainment of the respective eligibility requirements. Colo. Springs Fire Fighters v. Colo. Springs, 784 P.2d 766 (Colo. 1989).

The city of Colorado Springs is subject to the state statutory scheme which requires that cities which have a paid fire department and a population in excess of 100,000 establish a fire fighters pension fund. These provisions require that the fund be administered by a board of trustees who must follow certain guidelines. Colo. Springs Fire Fighters v. Colo. Springs, 784 P.2d 766 (Colo. 1989).