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Colorado Revised Statutes Title 31. Government Municipal § 31-30.5-103. Applicability

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.

(b) In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:

(I) The member has prior service as a firefighter or police officer in the state of Colorado;

(II) The current employer approved coverage under its old hire pension plan or any other local plan;

(III) The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and

(IV) The member requested such coverage, in writing, on or before December 31, 1981.

(2) The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:

(a) Members covered under an exempt pension plan established by part 8 of this article;

(b) Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section 31-31-701, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and

(c) Members covered under the federal “Social Security Act”, unless their employer also provides supplemental retirement benefits under an old hire pension plan.

(3) All members meeting the requirements of subsection (1) of this section, who are not otherwise excluded from an old hire pension plan coverage under subsection (2) of this section, shall be referred to in this article and article 31 of this title as “old hire members”.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 31. Government Municipal § 31-30.5-103. Applicability - last updated January 01, 2025 | https://codes.findlaw.com/co/title-31-government-municipal/co-rev-st-sect-31-30-5-103/

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