Colorado § 31-31-814 - Disqualification upon reemployment.

§ 31-31-814. Disqualification upon reemployment.

If, subsequent to disability retirement benefits being awarded to a member pursuant to this part 8, but prior to a decision of the association that an occupational disability ceases to exist, a member is employed or reemployed in this state or any other jurisdiction, pursuant to either an agreement or court order, in a full-time salaried position that normally involves working at least one thousand six hundred hours in any given calendar year and the duties of which are directly involved with the provision of police or fire protection as determined by the association, the disability retirement benefits provided pursuant to this part 8 are discontinued. Any application for retirement for disability made by the member after such appointment or reinstatement shall be treated in all respects as a new application.

Source: L. 2026: Entire part R&RE, (SB 26-039), ch. 37, p. 168, § 1, effective August 12.

Editor's note: This section is similar to former § 31-31-806 as it existed prior to 2026.

ANNOTATION

Annotator's note. Since § 31-31-814 is similar to § 31-31-806 and its antecedent provisions, relevant cases construing those provisions have been included in the annotations to this section.

This statute, as amended, provides an alternative remedy for determining a claimant's continuing eligibility for occupational disability benefits and is remedial in nature. Kilbourn v. Fire and Police Pension Ass'n, 971 P.2d 284 (Colo. App. 1998).

Full-time employment as a fire chief precludes a firefighter from collecting occupational disability benefits because the position of fire chief directly involves "the provision of . . . fire protection" under this section. Dolan v. Fire & Police Pension Ass'n, 2017 COA 55, 413 P.3d 279.

It is not necessary to be involved in "hands-on" firefighting or medical care to be directly involved in the provision of fire protection. Working in a command capacity at the scenes of fires and accidents applies when determining eligibility for disability benefits. Dolan v. Fire & Police Pension Ass'n, 2017 COA 55, 413 P.3d 279.

District court or reviewing court should not substitute its own judgment as to the weight of the evidence for that of the board. Ross v. Fire & Police Pension Ass'n, 682 P.2d 496 (Colo. App. 1984), aff'd, 713 P.2d 1304 (Colo. 1986).

Statute provides that board is not bound by physicians' determinations on whether disability exists and, therefore, board did not abuse its discretion in denying disability application even through two of the reexamining physicians found the applicant to have a disability. Ross v. Fire & Police Pension Ass'n, 682 P.2d 496 (Colo. App. 1984), aff'd on other grounds, 713 P.2d 1304 (Colo. 1986).

Eligibility of plaintiff for occupational disability benefits where medical opinions of physicians panels conflicted was a question for the board to determine and, since competent evidence supported board's denial of benefits, court of appeals was correct in reinstating board's decision. Ross v. Fire & Police Pension Ass'n, 713 P.2d 1304 (Colo. 1986).