Colorado § 31-30.5-204 - Powers and duties of the board.

§ 31-30.5-204. Powers and duties of the board.

(1) The board shall:

(a) Promulgate all necessary rules, not inconsistent with the provisions of this article, for managing and discharging its duties and for its own government and procedure in so doing and for the preservation and protection of the fund.

(b) Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the provisions of this article. Action on such applications shall be final and conclusive; except that, when, in the opinion of the board, justice demands that said action should be reconsidered, the same may be reversed by said board.

(c) Keep and preserve a record of actions taken by the board and of all other matters properly before said board.

(d) Make an annual report to the governing body of the employer of the condition of the fund in August of each year.

(2) The board has power to compel witnesses to attend and testify before it upon all matters connected with the provisions of this article in the same manner as is or may be provided by law. The president of said board or any member thereof may administer oaths to such witnesses.

(3) The board has the power to draw on the fund for the payment of expenses attributable to the administration of the fund, the payment of benefits, and for the purpose of investing all or any part of the fund as permitted by part 5 of this article.

(4) The board may designate one or more financial institutions as custodian of the fund. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.

(5) In municipalities that prescribe the composition of the board for the police officers' old hire pension fund by ordinance or charter, the board shall have such additional powers and duties as may be provided by the charter and ordinances of such municipalities.

Source: L. 96: Entire article added with relocations, p. 862, § 1, effective May 23.

Editor's note: Provisions of this section were formerly numbered as §§ 31-30-305 (4), 31-30-312 (1) and (2), 31-30-403 (3)(a), 31-30-502 (1)(b), and 31-30-615.

ANNOTATION

Annotator's note. Since § 31-30.5-204 is similar to §§ 31-30-505 and 31-30-605 as they existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, relevant cases construing those sections have been included in the annotations to this section.

The words "final and conclusive" merely determine the point of administrative finality, leaving to the courts the ultimate decision on the validity of the "final" administrative orders. City of Aurora v. Hood, 194 Colo. 80, 570 P.2d 246 (1977).

And indicate legislative intent as to review. The words "final and conclusive" are an indication by the general assembly of its intent to provide the same type of review on the record customarily available under other statutes dealing with review of administrative orders. City of Aurora v. Hood, 194 Colo. 80, 570 P.2d 246 (1977).

Constitutionality of no review by courts of board decision not decided. In this case the court expressly reserved the question of the constitutionality of the provision of this section making the action of the firemen's pension board not subject to review by the courts. Shearer v. Bd. of Trustees of Firemen's Pension Fund, 121 Colo. 592, 218 P.2d 753 (1950).