Colorado § 31-31-803 - Coverage and eligibility to apply.

§ 31-31-803. Coverage and eligibility to apply.

(1) Any member is eligible for the benefits provided by this part 8, with the exception of the following:

(a) Any member whose employer covers them under the federal "Social Security Act";

(b) Any member whose employer had established an exempt defined benefit pension plan in accordance with part 8 of article 30.5 of this title 31, on January 1, 1980, unless an employer irrevocably elected not later than October 1, 1983, to be subject to the provisions of this part 8;

(c) Any member whose employer had established a money purchase plan on or before December 1, 1978, in accordance with the provisions of part 8 of article 30.5 of this title 31; and

(d) Any member whose employer has affiliated with the public employees' retirement association for the purpose of administering retirement benefits for its members.

(2) (a) Departments participating in a plan established pursuant to part 4, 5, or 11 of this article 31 or article 31.5 of this title 31 and not participating in the plan for disability and survivor benefits under this part 8 may be covered by the provisions of this part 8 in accordance with the terms, conditions, and procedures established by the board.

(b) No withdrawal from coverage under the disability and survivor benefits provisions of this part 8 is permitted to take effect after December 31, 2001.

(c) If an employer has withdrawn under this subsection (2), reentry into the disability and survivor benefit plan provided by this part 8 is permitted only once, in accordance with terms, conditions, and procedures established by the board.

(3) If an employer that is otherwise required to enroll its members under the plan fails to properly enroll such members, neither the fire and police pension association nor the death and disability trust fund is obligated or liable for any purpose to any person or employer arising from such failure.

(4) (a) A member is ineligible for disability retirement benefits with respect to an occupational or total disability that is the proximate consequence or result of a pre-existing and permanent medical condition.

(b) Every newly hired member shall disclose their complete health history on the statewide standard health history form provided by the association.

(c) Any member who conceals any material fact concerning health history when completing the form may be disqualified from receiving an award of disability retirement benefits under this part 8 if the association determines that the condition concealed by the member proximately caused the total or occupational disability.

(5) Members who have coverage under this section are eligible to apply for disability retirement benefits under this part 8 if:

(a) The association receives an application on the association-approved form no later than three hundred sixty-five days after the last day on the payroll under which disability coverage under this part 8 is provided.

(b) The member is not eligible for the normal retirement pension from a plan that is part of the defined benefit system pursuant to section 31-31-204 or a local defined benefit retirement pension plan;

(c) The member has not reached age fifty-five with twenty-five years of accumulated service as a member and is a participant under the statewide money purchase plan pursuant to part 5 of this article 31 or under a local money purchase plan; or

(d) The member is not participating in the deferred retirement option plan established pursuant to 31-31.5-409.

(6) Within the application for disability retirement benefits, a member may irrevocably elect not to be considered for reinstatement by their former employer in the event that such member becomes eligible. Any such election terminates any obligation for reinstatement by the employer as may be required by section 31-31-810 (2) or 31-31-813.

(7) Within the application for disability retirement benefits, the employer shall:

(a) Make a statement indicating the reason for the member's separation from employment; and

(b) State any additional basis for disability under the death and disability program that the employer believes exists and include any documentation of relevant medical evidence. If the member's disability ceases to exist and the member becomes eligible to be restored to active service pursuant to section 31-31-813 (2), the association may consider the member for a continuing disability with regard to the additional basis provided by the employer. The association shall conduct the consideration as if the member had filed an original application; except that limitation periods under section 31-31-813 (2) shall accrue from the date of the original disablement. If the member fails to be examined with regard to the additional basis, the member is entitled to neither reinstatement nor continuing disability retirement benefits.

(8) (a) Notwithstanding any other provision of this section, benefits are not payable for any disability resulting in whole or in part from:

(I) Addiction to a controlled substance, the use of which is prohibited in article 18 of title 18;

(II) Engaging in any act for which the member has been convicted of a felony; or

(III) An intentionally self-inflicted injury.

(b) As used in this subsection (8):

(I) "Addiction" has the same meaning set forth in section 12-245-801.

(II) "Controlled substance" has the same meaning set forth in section 18-18-102.

Source: L. 2026: Entire part R&RE, (SB 26-039), ch. 37, p. 158, § 1, effective August 12.

Editor's note: This section is similar to former § 31-31-802 as it existed prior to 2026.

ANNOTATION

Annotator's note. Since § 31-31-803 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.

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).