Colorado § 31-31-815 - Death of member - survivor benefits.

§ 31-31-815. Death of member - survivor benefits.

(1) (a) If a member dies while in active service or while on temporary occupational disability and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in subsection (1)(b) of this section are paid if the member:

(I) Is not eligible for a normal retirement pension under an old hire pension plan established pursuant to article 30.5 of this title 31 that provides for postretirement survivor benefits to a spouse and dependent children in the event the member dies in active service while eligible for normal retirement; and

(II) (A) 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

(B) 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.

(b) One of the following survivor benefits is paid if the requirements of subsection (1)(a) of this section are satisfied:

(I) When there is a surviving spouse and no dependent children, the monthly benefit is forty percent of the monthly base salary paid to such member immediately preceding death.

(II) When there is a surviving spouse and one dependent child, the monthly benefit is forty percent of the monthly base salary paid to such member immediately preceding death.

(III) When there is a surviving spouse and two or more dependent children, the monthly benefit is fifty percent of the monthly base salary paid to such member immediately preceding death.

(IV) When there is no surviving spouse and three or more dependent children, the monthly benefit is fifty percent of the monthly base salary paid to such member immediately preceding death.

(V) When there is no surviving spouse and two dependent children, the monthly benefit is forty percent of the monthly base salary paid to such member immediately preceding death.

(VI) When there is no surviving spouse and one dependent child, the monthly benefit shall be forty percent of the monthly base salary paid to such member immediately preceding death.

(2) Any benefit provided in accordance with this section to the surviving spouse or dependent child of a member who dies while in active service terminates upon the death of the surviving spouse or upon the death or termination of dependency of such dependent child, as applicable.

(3) (a) When there is a surviving spouse and one dependent child residing in a separate household from the surviving spouse, the surviving spouse receives twenty-five percent of the monthly base salary and the child shall receive the balance of the benefit pursuant to subsection (1)(b)(II) of this section.

(b) When there is a surviving spouse and two or more dependent children residing in a separate household from the surviving spouse, the surviving spouse receives twenty-five percent of the monthly base salary and the children receive the balance of the benefit pursuant to subsection (1)(b)(III) of this section.

(c) Upon the termination of the benefit payable to the child or children pursuant to subsection (3)(a) or (3)(b) of this section, the surviving spouse receives the benefit pursuant to subsection (1)(b)(I) of this section.

(4) If a survivor benefit is payable for the benefit of more than one dependent child of the member pursuant to subsection (1)(b)(III), (1)(b)(IV), or (1)(b)(V) of this section and the dependent children reside in separate households from each other, the benefit is divided equally among the children.

(5) Any surviving spouse or dependent child receiving benefits pursuant to subsection (1)(b)(I) or (1)(b)(VI) of this section prior to January 1, 2002, receives any increased benefit established in subsection (1)(b)(I) or (1)(b)(VI) of this section on January 1, 2002, as applicable.

(6) (a) The survivor benefits payable under the statewide death and disability plan established in this part 8 is redetermined effective October 1 each year, and the redetermined amount is payable for the following twelve months. To be eligible for redetermination, the benefits shall have been paid for at least twelve calendar months prior to the effective date of redetermination. The annual redetermination of benefits made pursuant to this section is in lieu of any other annual cost of living adjustment.

(b) For the redetermination of survivor benefits payable pursuant to this section, the amount of the benefit on the effective date of the benefit is increased by a percentage to be determined by the board but not more than three percent for each full year contained in the period commencing with the effective date of the benefit and ending with the effective date of the redetermination.

(c) The cost of the adjustment of benefits provided by this section is funded in the same manner as other benefits established by this part 8.

Source: L. 2026: Entire part R&RE, (SB 26-039), ch. 37, p. 169, § 1, effective August 12.

Editor's note: This section is similar to former § 31-31-807 as it existed prior to 2026.