As used in this part 8, unless the context otherwise requires: “Assigned duties” means those specific tasks or jobs designated by the employer for a particular position within a job classification. The term does not include the duties of a member’s rank or grade that the member is not actually required to regularly perform in […]
Except as provided in section 31-31-803, any member hired before, on, or after April 7, 1978, is eligible for the benefits provided by this part 8, with the exception of the following: Any member whose employer covers them under the federal “Social Security Act” shall be exempt from the provisions of this part 8 except […]
Any member hired before, on, or after April 7, 1978, who becomes totally disabled, as defined in section 31-31-801 (4), shall be retired from active service for disability and shall be eligible to receive the disability benefit provided by this subsection (1) or section 31-31-806.5 if the member: (1) (a) (I) Any member hired before, […]
(Deleted by amendment, L. 2009, (SB 09-017), ch. 53, p. 191, § 4, effective March 25, 2009.) Any disability benefit provided pursuant to section 31-31-803 shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member’s quarters of social security coverage derived from employment as […]
At any time that a total disability, including an on-duty disability pursuant to section 31-31-806.5 (1), ceases to exist, based upon periodic reexamination as may be required by the board or based upon other evidence of ability to engage in substantial gainful activity, a member retired for such disability shall be declared permanently occupationally disabled, […]
If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section 31-31-803 or 31-31-806.5, but prior to a decision of the board that an occupational disability ceases to exist pursuant to section 31-31-805 (2), a member is employed or reemployed in this state or any other jurisdiction, pursuant to either […]
If the board determines that a member, who is otherwise eligible to apply for disability retirement benefits under section 31-31-803, is required to terminate the member’s regular employment due to a total disability, as defined in section 31-31-801 (4), that is the result of an injury received while performing official duties or an occupational disease […]
If a member dies while in active service or while on temporary occupational disability under section 31-31-803 (2.2) and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in paragraph (b) of this subsection (1) shall be paid if the member: Is not eligible for a normal retirement pension […]
If a member dies while in active service as the direct and proximate result of a personal injury sustained while performing official duties or as a result of an occupational disease arising out of and in the course of the member’s employment, and if such member qualifies for line-of-duty status under section 101 (h) of […]
The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member, who at the time of the member’s death was a member of a money purchase plan established under this article or article 30.5 of this title, including any department chief, who at the time of the chief’s […]
Except as otherwise provided in section 31-31-807 (2), any benefit provided in accordance with this part 8 to a surviving spouse shall terminate upon the death of the surviving spouse. Any benefit provided in accordance with section 31-31-803 (2) to a surviving spouse of a member who was occupationally disabled shall terminate upon the remarriage […]
The employer of a member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that: The member’s occupational or total disability existed at the commencement of employment by the employer, or the occupational or total disability is the proximate consequence or result of a medical condition […]
Every employer in this state, except those employers covering their employees under social security and those described in section 31-31-802 (2)(b) and (2)(c) who have not elected to be subject to the provisions of this part 8, shall be governed by the provisions of this section. For members who die or are disabled on or […]
Authorized leave of absence shall include leave for military service as allowed by the board. The board shall adopt rules regarding authorized leave of absence for military service, including, but not limited to: Limits on the length of the term of the leave of absence; Assessment of costs for coverage during the leave of absence; […]
There is hereby created a disability and death benefits trust fund into which contributions for death and disability benefits, including state contributions made pursuant to section 31-31-811, shall be deposited. The benefits provided by this part 8, together with the expenses of administering said part, shall be paid from the fund. The assets of the […]
If a member refuses to submit to a medical examination required by the fire and police pension association and authorized by this part 8, fails to provide information necessary for the association to assess eligibility or continuing eligibility for benefits, or obstructs the association from receiving such necessary information, all rights to collect or to […]
The board may amend the provisions for disability and survivor benefits under this part 8 as it deems prudent and necessary to comply with state and federal law or as it deems necessary to efficiently administer the benefits under the plan. Source: L. 2012: Entire section added, (HB 12-1031), ch. 68, p. 237, § 4, […]
