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§ 31-30.5-201. Funds Created

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”. 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”. […]

§ 31-30.5-202. Board of Trustees – Firefighters’ Old Hire Pension Fund

The general supervision, management, and control of the firefighters’ old hire pension fund shall be vested in a board of trustees. In any municipality having a population of less than one hundred thousand, the board shall consist, except as provided in subsection (6) of this section, of the mayor, the municipal treasurer or finance officer, […]

§ 31-30.5-203. Board of Trustees – Police Officers’ Old Hire Pension Fund

The general supervision, management, and control of the police officers’ old hire pension fund shall be vested in a board of trustees. In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, […]

§ 31-30.5-204. Powers and Duties of the Board

The board shall: 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. Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the […]

§ 31-30.5-205. Attorneys to Advise

It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be […]

§ 31-30.5-206. Warrants Drawn

It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for […]

§ 31-30.5-207. Method of Payment

All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of […]

§ 31-30.5-208. Fund Not Subject to Levy

Except for assignments for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or […]

§ 31-30.5-209. Idle Funds

If the governing body of a municipality, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the municipality’s police officers’ old hire pension fund established pursuant to section 31-30.5-201 (2), it may authorize use of the money in the fund […]

§ 31-30.5-210. Plan Amendment

No modification of any provision of an old hire pension plan established pursuant to this article may be made after December 1, 1978, except as may be authorized by subsection (2) of this section. Upon the request of an employer and with the approval of sixty-five percent of the active and retired old hire members, […]

§ 31-30.5-211. Affiliation With the Fire and Police Pension Association

Any employer may elect affiliation with the fire and police pension association established by section 31-31-201 (1), relating to an old hire pension plan established pursuant to this article. The procedures for affiliation and other provisions governing the administration of an affiliated plan are set forth in section 31-31-701. Source: L. 96: Entire article added […]

§ 31-30.5-212. Qualification Requirements – Internal Revenue Code – Definitions

As used in this section, “internal revenue code” means the federal “Internal Revenue Code of 1986”, as amended. Old hire pension plans shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans. A board, as defined in section 31-30.5-102 (1.5), may adopt any provision for an […]

§ 31-30.5-213. Dissolution of Fire Departments

In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of […]