SB 39 — Fire and Police Pension Association Disability and Survivor Benefits

(6)OR WITHINTHEAPPLICATIONFORDISABILITYRETIREMENTBENEFITS(d) ,THE A MEMBER MAYIS IRREVOCABLY ELECT NOT TOPARTICIPATING BE CONSIDERED FOR REINSTATEMENT BY THEIR FORMER EMPLOYER IN THE EVENTDEFERRED THATRETIREMENT SUCHOPTION MEMBERPLAN BECOMESESTABLISHED ELIGIBLEPURSUANT .TO 31-31.5-409.

ANY(6) SUCHWITHINTHEAPPLICATION ELECTIONFORDISABILITYRETIREMENT TERMINATESBENEFITS, ANYA OBLIGATIONMEMBER MAY IRREVOCABLY ELECT NOT TO BE CONSIDERED FOR REINSTATEMENT BY THETHEIR FORMER EMPLOYER ASIN MAYTHE BEEVENT REQUIREDTHAT BYSUCH SECTIONMEMBER 31-31-810BECOMES (2ORELIGIBLE. 31-31-813.

(7)ANY WITHINTHEAPPLICATIONFORDISABILITYRETIREMENTBENEFITSSUCH ,ELECTION TERMINATES ANY OBLIGATION FOR REINSTATEMENT BY THE EMPLOYER SHALLAS :MAY BE REQUIRED BY SECTION 31-31-810 (2) OR 31-31-813.

(a)(7) MAKEASTATEMENTINDICATINGTHEREASONFORTHEMEMBERWITHINTHEAPPLICATION 'SFORDISABILITY SEPARATIONRETIREMENTBENEFITS, FROM EMPLOYMENT ;AND (b) TATEANYADDITIONALBASISFORDISABILITYUNDERTHEDEATH PAGE 5-SENATE BILL 26-039 AND DISABILITY PROGRAM THAT THE EMPLOYER BELIEVESSHALL: EXISTS AND INCLUDE ANY DOCUMENTATION OF RELEVANT MEDICAL EVIDENCE .

F(a)MAKEASTATEMENTINDICATINGTHEREASONFORTHE THEMEMBER'S MEMBERSEPARATION S DISABILITY CEASES TO EXIST AND THE MEMBER BECOMES ELIGIBLE TO BE RESTORED TO ACTIVE SERVICE PURSUANT TO SECTION 31-31-813 (2), THE ASSOCIATION MAY CONSIDER THE MEMBER FOR A CONTINUINGDISABILITYWITHREGARDTOTHEADDITIONALBASISPROVIDED BYTHEEMPLOYER .THEASSOCIATIONSHALLCONDUCTTHECONSIDERATION AS IF THE MEMBER HAD FILED AN ORIGINAL APPLICATION ;EXCEPT THAT LIMITATION PERIODS UNDER SECTION 31-31-813 (2)SHALL ACCRUE FROM THEEMPLOYMENT; DATE OF THE ORIGINAL DISABLEMENT .

FAND THE(b) MEMBERSTATEANY FAILSADDITIONALBASIS TOFORDISABILITY BEUNDERTHEDEATH EXAMINEDPA WITHG REGARDE TO5-SEN THEA ADDITIONALTEBILL BASIS26-039 ,THEAND MEMBERDISABILITY ISPROGRAM ENTITLEDTHAT TOTHE NEITHEREMPLOYER REINSTATEMENTBELIEVES NOREXISTS CONTINUINGAND DISABILITYINCLUDE RETIREMENTANY BENEFITSDOCUMENTATION .OF RELEVANT MEDICAL EVIDENCE.

(8)(a)IF NOTWITHSTANDINGANYOTHERPROVISIONOFTHISSECTIONTHE ,MEMBER'S BENEFITSDISABILITY ARECEASES NOTTO PAYABLEEXIST FORAND ANYTHE DISABILITYMEMBER RESULTINGBECOMES INELIGIBLE WHOLETO ORBE INRESTORED PARTTO FROM:ACTIVE SERVICE PURSUANT TO SECTION 31-31-813 (2), THE ASSOCIATION MAY CONSIDER THE MEMBER FOR A CONTINUINGDISABILITY WITH REGARDTOTHEADDITIONALBASIS PROVIDED BYTHEEMPLOYER.

(I)THE ADDICTIONTOAASSOCIATION CONTROLLEDSHALLCONDUCTTHECONSIDERATION SUBSTANCEAS ,THEIF USETHE OFWHICHISMEMBER PROHIBITEDHAD INFILED ARTICLE18AN OFORIGINAL TITLE18;APPLICATION;

(II)EXCEPT ENGAGINGTHAT INLIMITATION ANYPERIODS ACTUNDER FORSECTION WHICH31-31-813 THE(2) MEMBERSHALL HASACCRUE BEENFROM CONVICTEDTHE DATE OF ATHE FELONYORIGINAL ;ORDISABLEMENT. (III) AN INTENTIONALLY SELF-INFLICTED INJURY.

(b)IF ATHE SMEMBER USEDFAILS INTO THISBE SUBSECTIO(8):EXAMINED WITH REGARD TO THE ADDITIONAL BASIS, THE MEMBER IS ENTITLED TO NEITHER REINSTATEMENT NOR CONTINUING DISABILITY RETIREMENT BENEFITS.

(I)(8)(a)NOTWITHSTANDING "AANYOTHERPROVISIONOFTHIS DDICTION"SECTION, HASBENEFITS THEARE SAMENOT MEANINGPAYABLE SETFOR FORTHANY DISABILITY RESULTING IN SECTIONWHOLE 12-245-801.OR IN PART FROM:

(II)(I)ADDICTION "CNTROLLEDSUBSTANCETO "HASTHESAMEMEANINGSETFORTHA CONTROLLED SUBSTANCE, THE USE OF WHICH IS PROHIBITED IN SECTION18-18-102.ARTICLE 18 OF TITLE 18;

(II)ENGAGING IN ANY ACT FOR WHICH THE MEMBER HAS BEEN CONVICTED OF A FELONY;

OR (III) AN INTENTIONALLY SELF-INFLICTED INJURY.

(b)A s USED IN THIS SUBSECTION (8):

(I)"ADDICTION" HAS THE SAME MEANING SET FORTH IN SECTION 12-245-801.

(II) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING SETFORTH IN SECTION 18-18-102.

(1)( AMEMBERWHOMEETSTHEDEFINITIONOFTOTALDISABILITY1) ,ASA MEMBER WHO MEETSTHE DEFINITION OFTOTAL DISABILITY, AS DEFINED BY THIS PART 8 AND THE RULES ADOPTED BY THE BOARDBOARD, ,ISIS RETIREDFROMACTIVESERVICEFORDISABILITYANDISELIGIBLETORECEIVERETIRED FROMACTIVE SERVICEFORDISABILITYAND IS ELIGIBLETO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDEDINSUBSECTIONPROVIDED (2)OFTHISIN PAGESUBSECTION 6-SENATE(2) OF THIS P A G E 6-SEN A TE BILL 26-039 SECTION.

(2) TTHE HE NORMAL ANNUAL DISABILITY RETIREMENT BENEFIT FOR TOTALDISABILITYISSEVENTYPERCENTTOTAL OFTHEANNUALBASEDISABILITY SALARYPAIDIS SEVENTY PERCENT OF THE ANNUAL BASE SALARY PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITYDISABILITY. .

(1) A MEMBER WHO MEETS THE DEFINITION OF PERMANENTLY OCCUPATIONALLY DISABLEDDISABLED, ,ASAS DEFINED BY THIS PART 8AND8 AND THE RULES ADOPTED BY THE BOARDBOARD, IS RETIRED FROM ACTIVE SERVICE FOR SUCH TIME ASTHEPERMANENTOCCUPATIONALDISABILITYCONTINUESANDISELIGIBLEAS TORECEIVETHEDISABILITYRETIREMENTBENEFITPROVIDEDINSUBSECTIONTHE PERMANENTOCCUPATIONALDISABILITYCONTINUES AND IS ELIGIBLE TO RECEIVETHE DISABILITY RETIREMENT BENEFITPROVIDED INSUBSECTION (2)OF THIS SECTION.

(2) TTHE HE NORMAL ANNUAL DISABILITY RETIREMENT BENEFIT FOR PERMANENT OCCUPATIONAL DISABILITY IS FIFTY PERCENT OF THE ANNUAL BASESALARYPAIDTOTHEBASE MEMBERIMMEDIATELYPRECEDINGRETIREMENTSALARY PAIDTO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITY.

(3) THE ASSOCIATION MAY REQUIRE MEMBERS WHO ARE RECEIVING APERMANENTOCCUPATIONALDISABILITYRETIREMENTBENEFITPURSUANTA PERMANENT OCCUPATIONAL DISABILITY RETIREMENT BENEFIT PURSUANT TO THIS SECTION TO PARTICIPATE IN REHABILITATION AND RETRAINING PROGRAMS AS THE ASSOCIATION DEEMS APPROPRIATEAPPROPRIATE. .

A MEMBER ELIGIBLE FOR THE NORMAL ANNUAL DISABILITY RETIREMENTBENEFITFORTOTALDISABILITYORPERMANENTOCCUPATIONALRETIREMENTBENEFITFORTOTAL DISABILITYORPERMANENTOCCUPATIONAL DISABILITY MAY ELECT TO RECEIVE THE NORMAL ANNUAL DISABILITY RETIREMENT BENEFIT OR A REDUCED BENEFIT UNDER ONE OF THE OPTIONS ADOPTED BY THE BOARD THROUGH RULERULE, WHICH SHALLBESHALL BE THE ACTUARIAL EQUIVALENT OF THE NORMAL DISABILITY RETIREMENT BENEFITBENEFIT. .

(1) A MEMBER WHO MEETS THE DEFINITION OF TEMPORARILY OCCUPATIONALLY DISABLEDDISABLED, ,ASAS DEFINED BY THIS PART 8AND8 AND THE RULES PAGE 7-SENATE BILL 26-039 ADOPTED BY THE BOARDBOARD, ,ISIS RETIRED FROM ACTIVE SERVICE FOR SUCH TIME ASTHETEMPORARYOCCUPATIONALDISABILITYCONTINUESFORAPERIODUP TOFIVETO YEARSFROMTHEDATEOFORIGINALDISABLEMENTANDISELIGIBLEFIVE YEARS FROM THE DATE OF ORIGINAL DISABLEMENTAND IS ELIGIBLE TO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDED IN THIS SECTION.

(2) THEANNUALDISABILITYRETIREMENTTHE BENEFITFORTEMPORARYANNUAL OCCUPATIONALDISABILITYISFORTYPERCENTOFTHEANNUALBASESALARYDISABILITY RETIREMENT BENEFIT FORTEMPORARY OCCUPATIONALDISABILITY IS FORTY PERCENTOFTHEANNUAL BASESALARY BEING PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITY.

(3) A MEMBER FOUND TO HAVE A TEMPORARY OCCUPATIONAL DISABILITY IS SUBJECT TO REEXAMINATION AT SUCH TIMES AND IN SUCH MANNERASTHEASSOCIATIONMAYDIRECTMANNERAS .THEASSOCIATIONMAYREQUIRETHEASSOCIATION TREATMENTMAYDIRECT. ,COUNSELING ,OR THERAPY NECESSARY TO REHABILITATE THE MEMBER FOR RETURN TO WORK .

AT THE TIMEASSOCIATION OFMAY REEXAMINATIONREQUIRE ,ATREATMENT, MEMBERCOUNSELING, WITHOR ATHERAPY TEMPORARYNECESSARY DISABILITYTO SHALLREHABILITATE PROVIDETHE EVIDENCEMEMBER OFFOR COMPLIANCEWITHTHEREQUIREMENTSESTABLISHEDBYTHEASSOCIATIONRETURN .TO WORK.

THEASSOCIATIONMAYTERMINATEBENEFITSIFTHEMEMBERFAILSTOMAKEAT REHABILITATIONEFFORTSTHE FAILSTOCOMPLYWITHTHETREATMENTPLANTIME ,OR FAILS TO PROVIDE EVIDENCE OF AREEXAMINATION, CONTINUING DISABILITY (4) A MEMBER WHOWITH REMAINSA DISABLEDTEMPORARY MAY APPLY FOR AN UPGRADE TO PERMANENT OCCUPATIONAL DISABILITY ORSHALL TOPROVIDE TOTALEVIDENCE DISABILITY NO LATER THAN SIX MONTHS PRIOR TO THE END OF FIVECOMPLIANCE YEARSWITH FROM THE DATEREQUIREMENTS OFESTABLISHED ORIGINALBYTHE DISABLEMENTASSOCIATION. .

THE ASSOCIATION MAYMAYTERMINATE UPGRADEBENEFITS AIFTHE MEMBERMEMBERFAILSTO TOMAKE AREHABILITATIONEFFORTS, PERMANENTFAILSTOCOMPLY OCCUPATIONALWITHTHETREATMENT DISABILITYPLAN, UPONOR AFAILS FINDINGBYTHEASSOCIATIONTHATTHEMEMBERMEETSTHEDEFINITIONOF PERMANENT OCCUPATIONAL DISABILITY .T HE ASSOCIATION MAY UPGRADE A MEMBER TO APROVIDE TOTALEVIDENCE DISABILITYOF UPON A FINDINGCONTINUING BY THE ASSOCIATION THATTHEMEMBERMEETSTHEDEFINITIONOFTOTALDISABILITY .A FTERTHE FIVE-YEAR PERIOD ,BENEFITS CEASE UNLESS THE MEMBER HAS BEEN UPGRADED TO EITHER PERMANENT OCCUPATIONAL DISABILITY OR TOTAL DISABILITY.

(5)(4) A MEMBER WHO ISREMAINS ONDISABLED TEMPORARYMAY APPLY FOR AN UPGRADE TO PERMANENT OCCUPATIONAL DISABILITY ISOR NOTTO ENTITLEDTOTAL DISABILITY NO LATER THAN SIX MONTHS PRIOR TO ANYTHE COSTEND OF LIVINGFIVE ADJUSTMENTYEARS 31-31-808.FROM THE DATE OF ORIGINAL DISABLEMENT.

[SimilarTHE toASSOCIATION formerMAY 31-31-803UPGRADE (2)]A DisabilityMEMBER priorTO toA OctoberPERMANENT 1,OCCUPATIONAL 2002.DISABILITY UPON A FINDING BYTHE ASSOCIATION THATTHE MEMBER MEETS THE DEFINITION OF PERMANENT OCCUPATIONAL DISABILITY.

PAGETHE 8-SENATEASSOCIATION BILLMAY 26-039UPGRADE (1)A AMEMBERWHOBECOMESOCCUPATIONALLYDISABLEDANDWASMEMBER AWARDEDDISABILITYPRIORTOTO OCTOBERA 1,2002,ISRETIREDFROMACTIVETOTAL SERVICEFORSUCHTIMEASTHEOCCUPATIONALDISABILITYCONTINUESANDDISABILITY ISELIGIBLETORECEIVETHEDISABILITYRETIREMENTBENEFITPROVIDEDBYUPON SUBSECTIONA (2)OFFINDING THISBY SECTION.THE ASSOCIATION THATTHE MEMBERMEETS THEDEFINITIONOFTOTAL DISABILITY.

(2)AFTERTHE THEFIVE-YEAR ANNUALPERIOD, DISABILITYBENEFITS RETIREMENTCEASE BENEFITUNLESS FORTHE OCCUPATIONAL DISABILITY FOR A MEMBER WHOHAS ISBEEN RETIREDUPGRADED PURSUANT TO SUBSECTIONEITHER (1)OFPERMANENT THISOCCUPATIONAL SECTIONDISABILITY ISOR THIRTYTOTAL PERCENT OF THE ANNUAL BASE SALARY PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITY.

HE(5) BENEFITA MEMBER WHO IS INCREASEDON BY:TEMPORARY OCCUPATIONAL DISABILITY IS NOT ENTITLED TO ANY COST OF LIVING ADJUSTMENT.

(a)31-31-808. TENPERCENTOFTHEANNUALBASESALARYIFTHEMEMBERHAD A SPOUSE AT THE TIME OF BECOMING OCCUPATIONALLY DISABLED ,FOR SO LONG AS SUCH SPOUSE SURVIVES AND IS MARRIED TO THE MEMBER OR IS LEGALLY ENTITLED TO MAINTENANCE FROM THE MEMBER IN AN AMOUNT EQUALTOORGREATERTHANTHEAMOUNTOFTHEINCREASEINTHEBENEFIT AUTHORIZEDBYTHISSUBSECTION (2)(a).FTHEAMOUNTOFMAINTENANCE IS LESS THAN THE AMOUNT OF THE INCREASE IN THE BENEFIT AUTHORIZED BY THIS SUBSECTION (2)(a)THE BENEFIT IS INCREASED BY AN AMOUNT EQUAL TO THE AMOUNT OF THE MAINTENANCE ;EXCEPT THAT , FOR ANY MEMBERWHOISRECEIVINGTHE BENEFIT AUTHORIZEDBYTHISSUBSECTION (2)(aANDWHOBECOMESLEGALLYREQUIREDTOPAYMAINTENANCEPRIOR TO JUNE 1, 2001,THE AMOUNT OF THE BENEFIT IS TEN PERCENT OF THE ANNUAL BASE SALARY .

(b)[Similar TENto PERCENTformer OF31-31-80(2)]Disability THEprior ANNUALto BASEOctober SALARY1, IF2002. SUCH MEMBER HAS ANY DEPENDENT CHILDREN .

PAGE 8-SENATE BILL 26-039 (1) A MEMBER WHO BECOMESOCCUPATIONALLYDISABLEDAND WAS AWARDED DISABILITY PRIORTO OCTOBER 1, 2002, IS RETIRED FROM ACTIVE SERVICE FORSUCHTIMEAS THEOCCUPATIONALDISABILITY CONTINUES AND IS ELIGIBLETO RECEIVE THE DISABILITY RETIREMENT BENEFIT PROVIDED BY SUBSECTION (2) OF THIS SECTION.

(2) THE ANNUAL DISABILITY RETIREMENT BENEFIT FOR OCCUPATIONAL DISABILITY FOR A MEMBER WHO IS RETIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION IS THIRTY PERCENT OF THE ANNUAL BASE SALARY PAID TO THE MEMBER IMMEDIATELY PRECEDING RETIREMENT FOR DISABILITY.

THE BENEFIT IS INCREASED BY:

(a) TEN PERCENTOFTHE ANNUAL BASE SALARY IFTHE MEMBER HAD A SPOUSE AT THE TIME OF BECOMING OCCUPATIONALLY DISABLED, FOR SO LONG AS SUCH SPOUSE SURVIVES AND IS MARRIED TO THE MEMBER OR IS LEGALLY ENTITLED TO MAINTENANCE FROM THE MEMBER IN AN AMOUNT EQUALTOORGREATERTHANTHE AMOUNT OFTHE INCREASE INTHE BENEFIT AUTHORIZED BY THIS SUBSECTION (2)(a).

IF THE AMOUNT OF MAINTENANCE IS LESS THAN THE AMOUNT OF THE INCREASE IN THE BENEFIT AUTHORIZED BY THIS SUBSECTION (2)(a), THE BENEFIT IS INCREASED BY AN AMOUNT EQUAL TO THE AMOUNT OF THE MAINTENANCE;

EXCEPT THAT, FOR ANY MEMBER WHO IS RECEIVING THE BENEFIT AUTHORIZED BY THIS SUBSECTION (2)(a) AND WHO BECOMES LEGALLY REQUIRED TO PAY MAINTENANCE PRIOR TO JUNE 1, 2001, THE AMOUNT OF THE BENEFIT IS TEN PERCENT OF THE ANNUAL BASE SALARY.

(b) TEN PERCENT OF THE ANNUAL BASE SALARY IF SUCH MEMBER HAS ANY DEPENDENT CHILDREN.

[Similartoformer31-31-806.5]Disabilityretirement[Similartoformer31-31-806.5] Disability retirement benefits - on-duty.

(1) THE ASSOCIATION SHALL DETERMINE WHETHER THE DISABILITY ISTHERESULTOFANINJURYINCURREDWHILEPERFORMINGOFFICIALDUTIES OR AN OCCUPATIONALDISEASEOCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSE OF THE MEMBERMEMBER'S SEMPLOYMENTEMPLOYMENT. .ANON -DUTYDETERMINATIONDOESNOTCHANGE THE BENEFIT AMOUNT AWARDED .

(2) THE BOARD SHALLADOPT RULESTHAT SPECIFY STANDARDS FOR DETERMINING WHETHER A MEMBER S DISABILITY IS THE RESULT OF AN PAGEON-DUTY 9-SENATEDETERMINATION BILLDOES 26-039NOT INJURYCHANGE INCURRED WHILE PERFORMING OFFICIAL DUTIES OR AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSEBENEFIT OFAMOUNT EMPLOYMENTAWARDED. AND THAT ESTABLISH PROCEDURES FOR MAKING SUCH DETERMINATION .

(3)(2) TEDETERMINATIONSMADEBYTHEASSOCIATIONPURSUANTTOTHE THISSUBSECTIONBOARD (3)SHALLBEMADESOLELYONTHEBASISOFTHEMEDICALSHALLADOPT EVIDENCERULES THAT WASSPECIFY PREVIOUSLYSTANDARDS SUBMITTEDFOR INDETERMINING CONNECTIONWHETHER WITHA MEMBER'S DISABILITY IS THE MEMBERRESULT 'SOF APPLICATIONAN FORPA DISABILITYG ANDE OTHER9-SEN RELEVANTA EVIDENCETE THATB ISILL CONTEMPORANEOUS26-039 ININJURY TIMEINCURRED WITHWHILE THEPERFORMING TERMINATIONOFFICIAL DUTIES OR AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE MEMBERCOURSE 'SOF EMPLOYMENT .AND THAT ESTABLISH PROCEDURES FOR MAKING SUCH DETERMINATION.

(3)THE DETERMINATIONS MADE BYTHE ASSOCIATION PURSUANTTO THIS SUBSECTION(3)SHALLBEMADE SOLELY ONTHE BASIS OFTHE MEDICAL EVIDENCE THAT WAS PREVIOUSLY SUBMITTED IN CONNECTION WITH THE MEMBER'S APPLICATION FOR DISABILITY AND OTHER RELEVANT EVIDENCE THAT IS CONTEMPORANEOUS IN TIME WITH THE TERMINATION OF THE MEMBER'S EMPLOYMENT.

(1) (a) TTHE HE ASSOCIATION MAKES THE DETERMINATION OF DISABILITYDISABILITY, WHETHER THE DISABILITY IS OCCUPATIONAL OR TOTALTOTAL, ,WHETHERTHEDISABLINGCONDITIONISON-DUTY,ANDTHEAMOUNTOFTHE WHETHERTHEDISABLINGCONDITIONISON DUTY ,ANDTHEAMOUNTOFTHE DISABILITY RETIREMENT BENEFITBENEFIT. THE ASSOCIATION MAY CONSIDER ANY EVIDENCEITDEEMSRELEVANTINMAKINGTHEDETERMINATION ,INCLUDING REPORTS MADE BY PHYSICIANS , WHO MAY BE APPOINTED UPON THE RECOMMENDATION OFA MEDICAL ADVISOR WITH WHOM THE BOARD SHALL CONTRACT TO PROVIDE ADVISORY SERVICES.

(b)THE T HE ASSOCIATION MAY REQUESTCONSIDER THAT ANY PHYSICIANEVIDENCE APPOINTEDITDEEMS TORELEVANT EXAMINEIN THEMAKING DISABILITY APPLICANT ALSO PROVIDE AN OPINION AS TO WHETHER THE APPLICANTDETERMINATION, SINCLUDING INJURYREPORTS WASMADE RECEIVEDBY WHILEPHYSICIANS, PERFORMINGWHO OFFICIALMAY DUTIESBE ORAPPOINTED WHETHERUPON THE APPLICANTRECOMMENDATION S OCCUPATIONAL DISEASE AROSE OUT OF ANDA INMEDICAL THEADVISOR COURSEWITH OFWHOM THE APPLICANT'SEMPLOYMENTBOARD .THEASSOCIATIONMAYINVESTIGATECLAIMSATSHALL THECONTRACT TIME OF INITIAL APPLICATION FOR BENEFITS OR SUBSEQUENT TO ANPROVIDE AWARDOFBENEFITSTODETERMINEELIGIBILITYORCONTINUINGELIGIBILITYADVISORY FORSERVICES. SUCH BENEFITS.

HE(b) THE ASSOCIATION MAY APPOINTREQUEST INVESTIGATORSTHAT ANDANY OTHERPHYSICIAN PERSONNELAPPOINTED ASTO NECESSARYEXAMINE THE DISABILITY APPLICANT ALSO PROVIDE AN OPINION AS TO CARRYWHETHER THE APPLICANT'S INJURY WAS RECEIVED WHILE PERFORMING OFFICIAL DUTIES OR WHETHER THE APPLICANT'S OCCUPATIONAL DISEASE AROSE OUT THISOF FUNCTION.AND IN THE COURSE OF THE APPLICANT'S EMPLOYMENT.

(c)THE AASSOCIATION N APPLICANT MAY APPEALINVESTIGATECLAIMS THEAT DECISIONS MADE BY THE ASSOCIATIONTIME PURSUANTOF TOINITIAL THISAPPLICATION SUBSECTIONFOR (1)BENEFITS THROUGHOR THESUBSEQUENT ADMINISTRATIVETO REVIEWAN PROCEDURESAWARD SETOF FORTHBENEFITSTO INDETERMINEELIGIBILITYORCONTINUING THEELIGIBILITY RULESFOR ADOPTEDSUCH BYBENEFITS. THE BOARD .

AFINAL DECISION FROM THE ASSOCIATION CANMAY ONLYAPPOINT BEINVESTIGATORS REVIEWEDAND BYOTHER PROPERPERSONNEL COURTAS ACTIONNECESSARY SUBJECT TO RULECARRY 106OUT (a)(4OFTHIS THEFUNCTION. COLORADO RULES OF CIVIL PROCEDURE .

PAGE(c) 10-SENATEAN BILLAPPLICANT 26-039MAY (d)APPEAL INTHE CONNECTIONDECISIONS WITHMADE BY THE ASSOCIATION PURSUANT TO THIS SUBSECTION (1),THE(1) BOARDTHROUGH :THE ADMINISTRATIVE REVIEW PROCEDURES SET FORTH IN THE RULES ADOPTED BY THE BOARD.

(I)A MAYAPPOINTHEARINGOFFICERSTOCONDUCTHEARINGSONANYFINAL ISSUEDECISION RELATINGFROM TOTHE ANASSOCIATION APPLICANTCAN SONLY DISABILITY;ANDBE (II)REVIEWED MBY AYPROPER ADOPTCOURT RULESACTION SUBJECT TO ESTABLISHRULE A106 PROCESS(a)(4OF FOR THE ADMINISTRATIVECOLORADO REVIEWRULES OF DISABILITYCIVIL APPLICATIONSPROCEDURE. , INCLUDING STANDARDS OF REVIEW FOR THE APPLICATIONS ,WITHOUT BOARD REVIEW .

(2)PAGE IIO-SENATE FBILL THE26-039 ASSOCIATION(d) DETERMINES THAT AN APPLICANT FOR DISABILITY IS NOT DISABLED AND THE APPLICANT IS ON SICK LEAVE , DISABILITY LEAVE,OR OTHER TYPE OF LEAVE OF ABSENCE ,IS SERVING IN ACONNECTION TEMPORARYPOSITIONPENDINGTHEDETERMINATIONOFANAPPLICATIONWITH ,ORTHIS HASBEENTERMINATEDFROMEMPLOYMENTBYTHEEMPLOYERONTHEBASISSUBSECTION OF(1),THE ANBOARD: ALLEGED DISABILITY , THE EMPLOYER SHALL REINSTATE THE APPLICANT TOACTIVESERVICEINTHESAME POSITIONTHE APPLICANT HELD PRIOR TO THE COMMENCEMENT OF SUCH LEAVE , ASSIGNMENT TO A TEMPORARY POSITION ,OR TERMINATION .

F(I)MAY THEAPPOINT EMPLOYERHEARING REFUSESOFFICERSTOCONDUCTHEARINGS TOON REINSTATEANY THEISSUE APPLICANTRELATING TO THEAN APPLICANTAPPLICANT'S 'SDISABILITY; PRIOR POSITION ,THE EMPLOYER SHALL THEREAFTER PAY BENEFITS TO THE APPLICANT AS IF THE APPLICANT HAD BEEN DETERMINED OCCUPATIONALLY DISABLED BY THE ASSOCIATION .

THEAND EMPLOYER(II) SHALLMAY CONTINUEADOPT RULES TO PAYESTABLISH SUCHA BENEFITSPROCESS UNTILFOR THE APPLICANTADMINISTRATIVE ISREVIEW REINSTATEDOF TODISABILITY THEAPPLICATIONS, APPLICANTINCLUDING SSTANDARDS PRIOROF POSITIONREVIEW ORFOR DECLINESTHE ANAPPLICATIONS, OFFERWITHOUT OFBOARD REINSTATEMENTREVIEW. .

(3)(2) AMEMBERWHOSEDISABILITYRETIREMENTBENEFITSCEASEANDIF WHOTHE ASSOCIATION DETERMINES THAT AN APPLICANT FOR DISABILITY IS NOT RESTOREDDISABLED TOAND ACTIVETHE SERVICEAPPLICANT IS ON SICK LEAVE, DISABILITY LEAVE, OR OTHER TYPE OF LEAVE OF ABSENCE, IS SERVING IN A MEMBERTEMPORARY WHOPOSITION ELECTSPENDINGTHE TODETERMINATIONOFAN TERMINATEAPPLICATION, THEIROR DISABILITYHAS RETIREMENTBEENTERMINATED BENEFITSFROM ISEMPLOYMENT ENTITLEDBYTHE EMPLOYERONTHE BASIS OF AN ALLEGED DISABILITY, THE EMPLOYER SHALL REINSTATE THE APPLICANTTO ACTIVE SERVICE IN THE SAME POSITION THE APPLICANT HELD PRIOR TO :THE COMMENCEMENT OF SUCH LEAVE, ASSIGNMENT TO A TEMPORARY POSITION, OR TERMINATION.

(a)IF ATHE NYEMPLOYER VESTEDREFUSES BENEFITTO EARNEDREINSTATE THROUGHTHE THEIRAPPLICANT YEARSTO OFTHE SERVICEPRIORTOBECOMINGDISABLEDAPPLICANT'S ,PAYABLEATNORMALRETIREMENTPRIOR AGEPOSITION, ;ORTHE (b)EMPLOYER ASHALL REFUNDTHEREAFTER OFPAY THEBENEFITS MEMBERTO STHE CONTRIBUTIONSAPPLICANT AS IF NOTHE BENEFITAPPLICANT ISHAD VESTEDBEEN .DETERMINED OCCUPATIONALLY DISABLED BY THE ASSOCIATION.

THE EMPLOYER SHALL CONTINUE TO PAY SUCH BENEFITS UNTIL THE APPLICANT IS REINSTATED TO THE APPLICANT'S PRIOR POSITION OR DECLINES AN OFFER OF REINSTATEMENT.

(3) A MEMBERWHOSE DISABILITY RETIREMENTBENEFITS CEASEAND WHO IS NOT RESTORED TO ACTIVE SERVICE OR A MEMBER WHO ELECTS TO TERMINATE THEIR DISABILITY RETIREMENT BENEFITS IS ENTITLED TO:

(a) ANY VESTED BENEFIT EARNED THROUGH THEIR YEARS OF SERVICE PRIORTO BECOMING DISABLED, PAYABLE ATNORMAL RETIREMENT AGE;OR (b) A REFUND OF THE MEMBER'S CONTRIBUTIONS IF NO BENEFIT IS VESTED.

[Similar to former 31-31-803 (6)](6)) Cost of living adjustments.

(1) COSTOFLIVINGADJUSTMENTSPAYABLEUNDERTHESTATEWIDECOST PAGEOF 11-SENATELIVING BILLADJUSTMENTS 26-039PAYABLE UNDERTHE STATEWIDE PA G E I I-SEN A TE B IL26-039 DEATH AND DISABILITY PLAN ESTABLISHED IN THIS PART 8 ARE PAID EFFECTIVE OOCTOBER CTOBER 1 EACH YEARYEAR, ,ANDAND THE REDETERMINED AMOUNT OF THE BENEFIT IS PAYABLE FOR THE FOLLOWING TWELVE MONTHSMONTHS. .

OTO BE ELIGIBLEFORACOSTOFLIVINGADJUSTMENTELIGIBLE ,RETIREMENTBENEFITSSHALLFORA COSTOF LIVING ADJUSTMENT, RETIREMENT BENEFITS SHALL HAVE BEEN PAID FOR AT LEAST TWELVE CALENDAR MONTHS PRIOR TO THE EFFECTIVE DATE OF THE COST OF LIVING ADJUSTMENT.

(2) (a) FFOR OR THE COST OF LIVING ADJUSTMENT OF PERMANENT OCCUPATIONAL DISABILITY RETIREMENT BENEFITSBENEFITS, ,THETHE AMOUNT OF THE BENEFIT ON THE EFFECTIVE DATE OF THE BENEFIT IS INCREASED BY A PERCENTAGETOBEDETERMINEDBYTHEBOARDBUTNOTMORETHANTHREEPERCENTAGETO BEDETERMINED BYTHE BOARDBUTNOTMORETHANTHREE 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 COST OF LIVING ADJUSTMENT.

(b) FOR THE COST OF LIVING ADMUSTMENT OF TOTAL DISABILITY RETIREMENT BENEFITSBENEFITS, ,THETHE AMOUNT OF THE BENEFIT ON THE EFFECTIVE DATE OF THE BENEFIT IS INCREASED BY 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 COST OF LIVING ADJUSTMENTADJUSTMENT. .

NIN THE CASE OF A MEMBER CHANGING STATUS FROM OCCUPATIONALDISABILITYTOTOTALDISABILITYOCCUPATIONALDISABILITYTOTOTAL ,THETHREEPERCENTCOSTDISABILITY, THETHREE PERCENTCOST OF LIVING ADJUSTMENT BEGINS WITH THE EFFECTIVE DATE OF THE BENEFIT AND THERE IS NO RETROACTIVE COST OF LIVING ADJUSTMENT APPLIED TO THE BENEFIT FOR ANY PERIOD THAT THE MEMBER WAS RECEIVING AN OCCUPATIONAL DISABILITY BENEFITBENEFIT. .

(3) THE COST OF THE ADJUSTMENT OF BENEFITS PROVIDED BY THIS SECTIONISFUNDEDINTHESAMEMANNERASOTHERBENEFITSESTABLISHEDSECTION IS FUNDED INTHE SAME MANNERAS OTHERBENEFITS ESTABLISHED BY THIS PART8.

[Similartoformer31-31-804]Reductionofdisability[Similarto former31-31-804) Reduction ofdisability retirement benefits.

(1) (a)(a)THE HE BENEFITS PAYABLE PURSUANT TO THIS PART 88TO TO ANY MEMBERWHOISAWARDEDANOCCUPATIONALDISABILITYBENEFITPRIORTOMEMBERWHO OISAWARDED CTOBERAN 1,2002,AOCCUPATIONALDISABILITYBENEFIT PRIORTO OCTOBER 1, 2002, A TOTAL DISABILITY BENEFIT,ORBENEFIT, OR WHO IS PERMANENTLY OCCUPATIONALLY DISABLED AND WHO IS ALSO ELIGIBLE TO RECEIVE PAYMENTS FROM THE MEMBERMEMBER'S S INDIVIDUAL ACCOUNT PURSUANT TO PART OF ARTICLE 31.5OF31.5 OF THIS TITLE31TITLE 31 OR A SIMILAR PROVISION IN A LOCAL PAGEPA G E 12-SENATE BILL 26-039 PENSION PLAN IS REDUCED BY AN AMOUNT THAT IS THE ACTUARIAL EQUIVALENT OFTHE BENEFITS SUCHMEMBERISSUCH MEMBER IS ELIGIBLE TO RECEIVE FROM THE SEPARATE RETIREMENT ACCOUNTACCOUNT, ,WHETHERWHETHER THE BENEFITS RECEIVED FROM THE ACCOUNT ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUMSUM. (b) T HE BENEFITS PAYABLE PURSUANT TO THIS PART 8 TO ANY MEMBER WHO IS AWARDED A TOTAL DISABILITY BENEFIT OR WHO IS PERMANENTLY OCCUPATIONALLY DISABLED AND WHO IS ALSO ELIGIBLE TO RECEIVEADEFINEDBENEFITFROMASTATEWIDEORLOCALPENSIONPLANIS REDUCED BY THE AMOUNT OF THE DEFINED BENEFIT .

(c)(b) ANYTHE DISABILITYBENEFITS RETIREMENTPAYABLE BENEFIT PROVIDED PURSUANT TO THIS PART 8 TO ANY MEMBER WHO IS REDUCEDAWARDED BYA THETOTAL PRODISABILITY RATABENEFIT AMOUNTOR OFWHO ANYIS SOCIALPERMANENTLY SECURITYOCCUPATIONALLY BENEFITDISABLED RECEIVEDAND BYWHO THEIS MEMBERALSO ATTRIBUTABLEELIGIBLE TO THERECEIVE MEMBERA SDEFINED QUARTERSBENEFIT OFFROM SOCIALA SECURITYSTATEWIDE COVERAGEOR DERIVEDLOCAL FROMPENSION EMPLOYMENTPLAN ASIS AREDUCED MEMBERBY .THE AMOUNT OF THE DEFINED BENEFIT.

(d)(C) ANYMEMBERRECEIVINGANOCCUPATIONALDISABILITYBENEFITANY PURSUANTDISABILITY TOTHISPARTRETIREMENT 8 ANDASOCIALSECURITYBENEFIT ATTRIBUTABLE TOTHEMEMBER SQUARTERSOFSOCIALSECURITYCOVERAGEDERIVEDFROM EMPLOYMENT AS A MEMBER SHALL FILE AN ANNUAL REPORT CONCERNING ANYSOCIALSECURITYINCOME .IFSUCHMEMBERKNOWINGLYFAILSTOFILE SUCHREPORTORFILESAFRAUDULENTREPORT ,THEDISABILITYRETIREMENT BENEFIT ISPROVIDED DISCONTINUED (2) T HE BENEFITS PAYABLE PURSUANT TO THIS PART 8 TO ANY MEMBER WHO IS OCCUPATIONALLYREDUCED DISABLEDBY PRIOR TO O CTOBER 1, 2002, IS PERMANENTLY OCCUPATIONALLY DISABLED ,OR WHO IS TOTALLY DISABLED AND WHO AT THE TIMEPRO OFRATA THEAMOUNT AWARD OF SUCH BENEFITS IS A MEMBER OF A MONEY PURCHASE PLAN PURSUANT TO THIS ARTICLE 31 OR ARTICLE 30.5OF THIS TITL31, INCLUDING ANY DEPARTMENTSOCIAL CHIEFSECURITY ,WHOBENEFIT ATRECEIVED THEBY TIME OF THE AWARDMEMBER OFATTRIBUTABLE SUCHTO BENEFITS HAS BEEN EXEMPTED FROM THESTATEWIDERETIREMENTPLANASPERMITTEDBYSECTION 31-31.5-203, IS REDUCED BY AN AMOUNT THAT IS THE ACTUARIALMEMBER'S EQUIVALENTQUARTERS OF THESOCIAL BENEFITSSUCHMEMBERRECEIVESFROMANYSUCHMONEYPURCHASEPLANSECURITY ,COVERAGE WHETHERDERIVED THE BENEFITS RECEIVED FROM THEEMPLOYMENT MONEYAS PURCHASE PLAN ARE PAID ON A PERIODICMEMBER. BASIS OR IN A LUMP SUM A REDUCTION SHALL NOT EXCEEDTHE ACTUARIALEQUIVALENT OFMONEYPURCHASEPLANBENEFITS IFSUCHBENEFITSHADBEENFUNDEDATTHESAMERATEOFCONTRIBUTIONS SPECIFIED IN SECTION1-31.5-301.

(d)ANY MEMBERRECEIVING AN OCCUPATIONALDISABILITY BENEFIT PURSUANTTO THIS PART 8 AND A SOCIAL SECURITY BENEFIT ATTRIBUTABLE TOTHE MEMBER'SQUARTERS OFSOCIALSECURITYCOVERAGE DERIVED FROM EMPLOYMENT AS A MEMBER SHALL FILE AN ANNUAL REPORT CONCERNING ANY SOCIAL SECURITY INCOME.

IF SUCH MEMBER KNOWINGLY FAILS TO FILE SUCH REPORTORFILES AFRAUDULENTREPORT, THE DISABILITY RETIREMENT BENEFIT IS DISCONTINUED.

(2) THE BENEFITS PAYABLE PURSUANT TO THIS PART 8 TO ANY MEMBER WHO IS OCCUPATIONALLY DISABLED PRIOR TO OCTOBER 1, 2002, IS PERMANENTLY OCCUPATIONALLY DISABLED, OR WHO IS TOTALLY DISABLED AND WHO AT THE TIME OF THE AWARD OF SUCH BENEFITS IS A MEMBER OF A MONEY PURCHASE PLAN PURSUANT TO THIS ARTICLE 31OR ARTICLE 30.5OF THIS TITLE31,INCLUDING ANY DEPARTMENT CHIEF, WHO AT THE TIME OF THE AWARD OF SUCH BENEFITS HAS BEEN EXEMPTED FROM THE STATEWIDE RETIREMENT PLAN AS PERMITTED BY SECTION31-31.5-203, IS REDUCED BY AN AMOUNT THAT IS THE ACTUARIAL EQUIVALENT OF THE BENEFITS SUCHMEMBERRECEIVES FROM ANY SUCH MONEY PURCHASEPLAN, WHETHER THE BENEFITS RECEIVED FROM THE MONEY PURCHASE PLAN ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.

A REDUCTION SHALL NOT EXCEEDTHE ACTUARIAL EQUIVALENT OF MONEY PURCHASE PLAN BENEFITS IF SUCH BENEFITS HAD BEEN FUNDED ATTHE SAME RATE OF CONTRIBUTIONS SPECIFIED IN SECTIO31-31.5-301.

(1) ATANYTIMETHATATOTALDISABILITYCEASESTOEXISTAT ,BASEDANY UPONPERIODICREEXAMINATIONASMAYBEREQUIREDBYTHEASSOCIATIONTIMETHATATOTAL DISABILITY CEASES TO EXIST, BASED UPON PERIODICREEXAMINATION AS MAY BEREQUIRED BYTHEASSOCIATION OR BASED UPON OTHER EVIDENCE OF ABILITY TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITYACTIVITY, ,AA MEMBER RETIRED FOR SUCH DISABILITY SHALL BE DECLAREDPERMANENTLYOCCUPATIONALLYDISABLEDDECLARED ,ANDTHEPERMANENTLY OCCUPATIONALLY DISABLED, AND THE BENEFITS PROVIDEDBYSECTIONPROVIDED BY SECTION 31-31-804 AREREDUCEDTOTHELEVELPROVIDEDINARE REDUCED TO THE LEVEL PROVIDED IN SECTION 31-31-805.

(2)(a)(2) ATANYTIMETHATANOCCUPATIONALDISABILITYCEASESTO(a)AT EXIST,BASEDUPONPERIODICREEXAMINATIONASMAYBEREQUIREDBYTHEANYTIMETHATAN ASSOCIATIONOCCUPATIONALDISABILITY ,ACEASES TO EXIST, BASED UPON PERIODIC REEXAMINATION AS MAY BE REQUIRED BYTHE ASSOCIATION, A MEMBER RETIREDFORSUCHDISABILITYMAYBERETIRED FOR SUCH DISABILITY MAY BE RESTORED TO ACTIVE SERVICE,ANDSERVICE, AND THE BENEFITS ARE DISCONTINUEDDISCONTINUED. .

HETHE MEMBER SHALL BE RESTORED TO ACTIVE SERVICE BY THE MEMBERMEMBER'S 'S FORMER EMPLOYER IF AAVACANCY VACANCY EXISTS IN THE SAME POSITION THE MEMBER HELD PRIOR TO RETIREMENTRETIREMENT, ,OROR IF THERE IS A POSITION OF EQUAL BASE PAY AVAILABLEAVAILABLE, ,OROR IF THE MEMBER AGREES TO ACCEPT ANOTHER AVAILABLE POSITION THAT MAY NOT BE THE SAME OR OF EQUAL BASE PAY TO THE MEMBERMEMBER'S S FORMER POSITION.

(b) IF THE POSITION TO WHICH THE MEMBER WILL BE RESTORED REQUIRESREQUIRES, ,ASAS A MATTER OF STATE LAWLAW, ,THATTHAT THE MEMBER MAINTAIN ANY TYPE OF STATE CERTIFICATIONCERTIFICATION, ,THETHE EMPLOYER NEED NOT RESTORE THE MEMBERTOSUCHPOSITIONIFTHEMEMBERDOESNOTHAVETHENECESSARYMEMBERTO CERTIFICATIONSUCH ORPOSITION THEIFTHE MEMBER 'SDOES CERTIFICATIONNOT HASHAVETHENECESSARY OTHERWISE LAPSED , EXPIRED ORBEENREVOKED .THEEMPLOYER ,HOWEVER ,MUSTAFFORDTHE MEMBERANOPPORTUNITYTOATTAINCERTIFICATION ,RECERTIFICATION ,OR REACTIVATION OF AN EXISTING CERTIFICATION ANDOR MUST HOLD OPEN ANY POSITION THAT THE MEMBERMEMBER'S CERTIFICATION HAS AGREEDOTHERWISE TOLAPSED, ACCEPTEXPIRED, PURSUANTOR TOBEEN THISREVOKED. SUBSECTION (2)FOR A PERIOD NOT TO EXCEED ONE YEAR .

THE BOARDEMPLOYER, ISHOWEVER, DIRECTEDTOEVALUATETHEIMPACTOFTHISREQUIREMENTONEMPLOYERSMUST AFFORD THE MEMBERANOPPORTUNITYTOATTAINCERTIFICATION,RECERTIFICATION,OR REACTIVATION OF ASSOCIATIONAN MEMBERSEXISTING .CERTIFICATION AND MUST HOLD OPEN ANY POSITION THAT THE MEMBER HAS AGREED TO ACCEPT PURSUANT TO THIS SUBSECTION (2)FOR A PERIOD NOT TO EXCEED ONE YEAR.

HETHE ONEBOARD -YEARIS PERIODDIRECTED MAYTO EXTENDEVALUATE BEYOND THE FIVE-YEARIMPACT LIMITATIONOFTHIS SETREQUIREMENT FORTHON INEMPLOYERS SUBSECTIONOF (2)(f)OFASSOCIATION THISMEMBERS. SECTION ASLONGASTHE OPENINGOCCURSWITHINTHE FIVE -YEARPERIOD .

DTHE ISABILITYRETIREMENTBENEFITSWILLBECONTINUEDDURINGANYPERIODONE-YEAR ,PERIOD NOTMAY TOEXTEND EXCEEDBEYOND ONETHE YEARFIVE-YEAR ,THATLIMITATION THESET MEMBERFORTH ISIN ATTEMPTINGSUBSECTION TO(2)(f)OF ATTAINTHIS CERTIFICATION,RECERTIFICATIONSECTION, ,ORAS REACTIVATIONLONG .AS THE OPENING OCCURS WITHIN THE FIVE-YEAR PERIOD.

PAGE 14-SENATE BILL 26-039 (c) IF, AT THE TIME OF A FINDING BY THE ASSOCIATION THAT A MEMBER S OCCUPATIONAL DISABILITY HASRETIREMENT CEASEDBENEFITS TOWILL EXISTBECONTINUEDDURINGANY ,THEREPERIOD, ISNOT NO OPENING IN THE SAME POSITION THE MEMBER HELD PRIOR TO RETIREMENTEXCEED OR ONE OFYEAR, EQUALTHAT BASE PAY AND THERE IS NO OPENING IN A POSITION OF LESSERBASEPAYTHAT THEMEMBERAGREESTOACCEPT ,THEASSOCIATION MAY ORDER THE MEMBER TOIS PROCEEDATTEMPTING WITH ANY NECESSARY TRAINING IN ORDER TO ATTAIN ,CERTIFICATION, REINSTATERECERTIFICATION, , OR REACTIVATEREACTIVATION. ANY CERTIFICATION REQUIRED FOR THE POSITION FROM WHICH THE MEMBER RETIRED .

DPAGE ISABILITY14-SENATE RETIREMENTBILL BENEFITS26-039 ARE(c) CONTINUEDIF, DURINGAT THE TRAININGTIME PERIODOF UPA FINDING BY THE ASSOCIATION THAT A MEMBER'S OCCUPATIONAL DISABILITY HAS CEASED TO EXIST, THERE IS NO OPENING IN THE SAME POSITION THE MEMBER HELD PRIOR TO RETIREMENT OR ONE OF EQUAL BASE PAY AND THERE IS NO OPENING IN A MAXIMUMPOSITION OF ONELESSER YEARBASE .PAY THATTHE MEMBER AGREES TO ACCEPT, THE ASSOCIATION MAY ORDER THE MEMBER TO PROCEED WITH ANY NECESSARY TRAINING IN ORDER TO ATTAIN, REINSTATE, OR REACTIVATE ANY CERTIFICATION REQUIRED FOR THE POSITION FROM WHICH THE MEMBER RETIRED.

(d)DISABILITY IFRETIREMENT THEBENEFITS MEMBERARE REFUSESCONTINUED TODURING TAKE THE STEPSTRAINING NECESSARYPERIOD UP TO ATTAINCERTIFICATIONA ,RECERTIFICATIONMAXIMUM ,ORREACTIVATIONASREQUIRED BY SUBSECTIONS (2)(b)AND (2)(c)OF THIS SECTION, OR IF AT THE END OF THEONEONE -YEARLIMITATIONONATTAININGCERTIFICATIONYEAR. ,RECERTIFICATION , OR REACTIVATION THE MEMBER HAS NOT ATTAINED THE NECESSARY CERTIFICATION , RECERTIFICATION , OR REACTIVATION , DISABILITY RETIREMENTBENEFITSAREDISCONTINUED ANDTHEEMPLOYERISRELIEVED OF FURTHER OBLIGATIONS PURSUANT TO THIS SUBSECTION (2).

(e)(d) IF ATHE MEMBER REFUSES TO ACCEPTTAKE THE SAMESTEPS ORNECESSARY ATO POSITIONATTAIN OFCERTIFICATION, EQUALRECERTIFICATION, BASEOR PAYREACTIVATION ,AS THEREQUIRED DISABILITYBY RETIREMENTSUBSECTIONS BENEFITS(2)(b)AND ARE(2)(cOF DISCONTINUEDTHIS ,BUTSECTION, AOR MEMBERIF SHALLAT NOTTHE LOSEEND BENEFITSOF IFTHEONE-YEARLIMITATIONON THEREATTAININGCERTIFICATION, ISRECERTIFICATION, NOOR SUCHREACTIVATION VACANCYTHE ORMEMBER IFTHEHAS MEMBERNOT REFUSESATTAINED TOTHE ACCEPTNECESSARY ACERTIFICATION, POSITIONRECERTIFICATION, THATOR ISREACTIVATION, NOTTHESAMEOROFEQUALBASEPAYTOTHEMEMBERDISABILITY SFORMERPOSITIONRETIREMENT ,BENEFITSARE ORIFTHEEMPLOYERREFUSESTORESTORETHEMEMBERTOACTIVESERVICEDISCONTINUED, ,AND EXCEPTTHE ASEMPLOYER PROVIDEDIS PURSUANTRELIEVED TOOF SUBSECTIONFURTHER (2)(bOFOBLIGATIONS PURSUANT TO THIS SECTION.SUBSECTION (2).

(f)(e) IIF THEA ASSOCIATIONMEMBER DETERMINESREFUSES THATTO ACCEPT THE SAME OR A POSITION OF EQUAL BASE PAY, THE DISABILITY CEASESRETIREMENT TOBENEFITS EXIST,ANDARE DISCONTINUED, BUT A MEMBER SHALL NOT LOSE BENEFITS IF THERE IS NO APPROPRIATESUCH VACANCY ISOR AVAILABLEIF ATTHE THATMEMBER TIMEREFUSES ,THETO MEMBERHASTHEFIRSTRIGHTOFREFUSALTOFILLAVACANCYIFITOCCURSACCEPT WITHINA FIVEPOSITION YEARSTHAT FROMIS NOT THE DATESAME OR OF ORIGINALEQUAL DISABLEMENTBASE .PAY TO THE MEMBER'S FORMERPOSITION, OR IFTHE EMPLOYERREFUSES TO RESTORETHE MEMBERTO ACTIVESERVICE, EXCEPT AS PROVIDED PURSUANT TO SUBSECTION (2)(bOF THIS SECTION.

F(t) ANIF OCCUPATIONALTHE DISABILITYASSOCIATION ISDETERMINES BASEDTHAT ON A MEDICALDISABILITY DETERMINATIONCEASES OFTO MENTALEXIST, IMPAIRMENTAND ORIF DISEASENO ,THEAPPROPRIATE ASSOCIATIONVACANCY MUSTIS DETERMINEAVAILABLE ,AT THATTHEOCCUPATIONALDISABILITYCEASESTOEXISTBEFORETHEMEMBERTHAT ISTIME, GRANTEDTHE AMEMBER HAS THE FIRST RIGHT OF REFUSAL.REFUSAL TO FILL AVACANCY IF IT OCCURS WITHIN FIVE YEARS FROM THE DATE OF ORIGINAL DISABLEMENT.

(g)IF AAN TOCCUPATIONAL LEASTDISABILITY THIRTYIS DAYSBASED PRIORON TOA MAKINGMEDICAL ITS DETERMINATION ,OF THEMENTAL ASSOCIATIONIMPAIRMENT SHALLPROVIDEOR WRITTENDISEASE, NOTICE TO THE EMPLOYERASSOCIATION ANDMUST MEMBERDETERMINE, OFTHATTHEOCCUPATIONALDISABILITY THECEASESTO OPPORTUNITYEXIST FORBEFORETHE AMEMBER HEARINGIS ,GRANTED UPONA REQUESTFIRST RIGHT OF THEREFUSAL. PAGE 15-SENATE BILL 26-039 EMPLOYER OR MEMBER .

F(g) AAT HEARINGLEAST ISTHIRTY REQUESTED,THEDAYS ASSOCIATIONPRIOR SHALLTO PROVIDEMAKING THEITS EMPLOYERDETERMINATION, WITHTHE COPIESASSOCIATION OFSHALL ANYPROVIDE MEDICALWRITTEN REPORTSNOTICE PREPARED BY THE PHYSICIANS WITH RESPECT TO ANY EXAMINATION OR REEXAMINATIONOFTHEMEMBER .NEITHERTHEEMPLOYER ,THEAGENTSOF THE EMPLOYER ,INCLUDINGAND ANYMEMBER PHYSICIANOF RETAINED TO REVIEW SUCH REPORTS, NOR THE ASSOCIATIONOPPORTUNITY SHALLFOR RELEASEA SUCHHEARING, REPORTSUPON TOREQUEST ANYOF OTHERTHE PERSONPAGE EXCEPT15-SENATE ASBILL OTHERWISE26-039 ALLOWEDEMPLOYER INOR SECTIONMEMBER. 24-72-204 (3)(a)(I).

(h)IF ITHE MEMBER REFUSES AVACANCYINTHE SAME POSITION THE MEMBER HELD PRIORTO RETIREMENT OR IN A POSITIONHEARING OFEQUALBASEIS PAYREQUESTED, TOTHEMEMBER 'SFORMERPOSITION ,THEDISABILITYRETIREMENTBENEFITS ARE DISCONTINUED.E XCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2)IF THE EMPLOYERASSOCIATION REFUSESSHALL TOPROVIDE ALLOW A MEMBER WHO EXERCISES SUCH FIRST RIGHT OF REFUSAL TO FILL THE VACANCY, THE EMPLOYER SHALL THEREAFTER PAY THE COST OF THE BENEFITS (i) W HEN A TEMPORARY OCCUPATIONAL DISABILITY CEASES TO EXIST AND THE MEMBER IS RESTORED TO ACTIVE SERVICE WITH THECOPIES MEMBER 'S EMPLOYER ,A TRANSFER WILL BE MADE FROM THE STATEWIDE DEATHANDDISABILITYPLANTOTHEMEMBER 'SNORMALRETIREMENTPLAN IN THE AMOUNT OF THEANY MONTHLYMEDICAL EMPLOYERREPORTS ANDPREPARED EMPLOYEE CONTRIBUTIONSBEINGMADE TOTHE MEMBER S PENSION PLAN AT THE TIME OF DISABILITY BUT NOT MORE THAN SIXTEEN PERCENT OF THE MONTHLY BASE SALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF DISABILITY RETIREMENT,MULTIPLIED BY THE NUMBERPHYSICIANS OFWITH MONTHSRESPECT THETO MEMBERANY RECEIVEDEXAMINATION TEMPORARYOR OCCUPATIONALREEXAMINATION DISABILITYOFTHE RETIREMENTMEMBER. BENEFITS.THEMEMBERWILLRECEIVESERVICECREDITFORSUCHTRANSFER .

ANEITHERTHE RESTOREDMEMBEROFALOCALPLANTHATHASACONTRIBUTIONRATEINEMPLOYER, EXCESSTHE AGENTS OF SIXTEENTHE PERCENTEMPLOYER, SHALLINCLUDING HAVEANY THEPHYSICIAN DIFFERENCERETAINED BETWEENTO THEREVIEW AMOUNTSUCH TRANSFERREDREPORTS, ANDNOR THE AMOUNTASSOCIATION THATSHALL WOULDRELEASE HAVESUCH BEENREPORTS CONTRIBUTEDTO ATANY THEOTHER EXCESSPERSON RATEEXCEPT ,AS MADEOTHERWISE UPALLOWED BYIN ANSECTION ADDITIONAL24-72-204 CONTRIBUTION(3)(a)(I). FROM THE EMPLOYER .

(3)(h) WIF HEN A MEMBER ON TEMPORARY OCCUPATIONAL DISABILITY SATISFIES THE AGE AND SERVICE REQUIREMENTS FOR A NORMAL RETIREMENT ,INCLUDING THE TIME THE MEMBER WASREFUSES ON TEMPORARY OCCUPATIONAL DISABILITY, A TRANSFERVACANCY IS MADE FROM THE STATEWIDE DEATHANDDISABILITYPLANTOTHEMEMBER 'SNORMALRETIREMENTPLAN IN THE AMOUNTSAME OFPOSITION THE MONTHLY EMPLOYER AND EMPLOYEE PAGE 16-SENATE BILL 26-039 CONTRIBUTIONS BEING MADE TOTHE MEMBER SPENSIONPLANATHELD THEPRIORTO TIMERETIREMENT OF DISABILITY BUT NOT MORE THAN SIXTEEN PERCENT OF THE MONTHLY BASE SALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF DISABILITYMULTIPLIEDBYTHENUMBEROFMONTHSTHEMEMBERRECEIVED TEMPORARYOCCUPATIONALDISABILITYRETIREMENTBENEFITS .AMEMBER OF A STATEWIDE OR LOCALIN RETIREMENT PLAN THAT HAS A MANDATORYPOSITION CONTRIBUTION RATE IN EXCESS OF SIXTEENEQUAL PERCENTBASE SHALLPAY HAVETOTHE THEMEMBER'S DIFFERENCEBETWEENTHEFORMERPOSITION,THE AMOUNTDISABILITYRETIREMENTBENEFITS TRANSFERREDANDTHEAMOUNTTHATARE WOULDDISCONTINUED. HAVE BEEN CONTRIBUTED AT THE EXCESS RATE MADE UP BY AN ADDITIONAL CONTRIBUTION FROM THE EMPLOYER .

THEEXCEPT MEMBERAS SHALLOTHERWISE THENPROVIDED BEIN GRANTEDTHIS ASUBSECTION NORMAL(2),IF RETIREMENTTHE UNDEREMPLOYER THEREFUSES TO ALLOW A MEMBER 'SWHO RETIREMENTEXERCISES PLANSUCH ANDFIRST THERIGHT TEMPORARYOF OCCUPATIONALREFUSAL DISABILITYTO RETIREMENTBENEFITSUNDERTHESTATEWIDEDEATHANDDISABILITYPLANFILL THE VACANCY, THE EMPLOYER SHALL TERMINATETHEREAFTER .PAY THE COST OF THE BENEFITS.

(4)(i) WWHEN ITHINA FIVETEMPORARY YEARSOCCUPATIONAL FROMDISABILITY THECEASES DATETO OFEXIST AAND FINDINGTHE OFMEMBER OCCUPATIONALDISABILITYIS PURSUANTRESTORED TO SUBSECTIONACTIVE (1)OFTHISSERVICE SECTIONWITH ORTHE MEMBER'S EMPLOYER, A TRANSFER WILL BE MADE FROM THE DATESTATEWIDE DEATH AND DISABILITY PLAN TOTHE MEMBER'S NORMAL RETIREMENT PLAN IN THE AMOUNT OF ORIGINALTHE DISABLEMENTMONTHLY PURSUANTEMPLOYER AND EMPLOYEE CONTRIBUTIONS BEING MADE TO SECTIONTHE 31-31-805,MEMBER'S 31-31-807,ORPENSION 31-31-808,APLAN MEMBERAT RETIREDTHE FORTIME SUCHOF DISABILITY MAYBUT BENOT DECLAREDMORE TOTALLYTHAN DISABLEDSIXTEEN BASEDPERCENT UPONOF PERIODICTHE REEXAMINATIONMONTHLY ASBASE ORDEREDSALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF DISABILITY RETIREMENT, MULTIPLIED BY THE ASSOCIATIONNUMBER INOF ITSMONTHS DISCRETION.THE MEMBER RECEIVED TEMPORARY OCCUPATIONAL DISABILITY RETIREMENT BENEFITS.

FTHE THEMEMBERISDECLAREDTOTALLYDISABLEDMEMBER ,THEBENEFITSPROVIDEDBYWILL SECTION31-31-805,31-31-807,OR31-31-808RECEIVESERVICECREDITFORSUCHTRANSFER. AREINCREASEDTOTHELEVEL PROVIDED IN SECTION31-31-804.

OSTA OFRESTORED LIVINGMEMBEROF ADJUSTMENTSA ARELOCAL PAIDPLAN PROSPECTIVELYTHAT HAS A CONTRIBUTION RATE IN ACCORDANCEEXCESS WITHOF SECTIONSIXTEEN 31-31-811.PERCENT SHALL HAVE THE DIFFERENCE BETWEEN THE AMOUNT TRANSFERRED AND THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED AT THE EXCESS RATE, MADE UP BY AN ADDITIONAL CONTRIBUTION FROM THE EMPLOYER.

(3) WHEN A MEMBER ON TEMPORARY OCCUPATIONAL DISABILITY SATISFIES THE AGE AND SERVICE REQUIREMENTS FOR A NORMAL RETIREMENT, INCLUDING THE TIME THE MEMBER WAS ON TEMPORARY OCCUPATIONAL DISABILITY, A TRANSFER IS MADE FROM THE STATEWIDE DEATH AND DISABILITY PLAN TOTHE MEMBER'S NORMAL RETIREMENT PLAN IN THE AMOUNT OF THE MONTHLY EMPLOYER AND EMPLOYEE PAGE 16-SENATE BILL 26-039 CONTRIBUTIONS BEING MADETO THE MEMBER'S PENSION PLAN AT THE TIME OF DISABILITY BUT NOT MORE THAN SIXTEEN PERCENT OF THE MONTHLY BASE SALARY THAT THE MEMBER WAS BEING PAID AT THE TIME OF DISABILITY MULTIPLIED BYTHENUMBEROFMONTHSTHE MEMBERRECEIVED TEMPORARY OCCUPATIONALDISABILITYRETIREMENT BENEFITS.

A MEMBER OF A STATEWIDE OR LOCAL RETIREMENT PLAN THAT HAS A MANDATORY CONTRIBUTION RATE IN EXCESS OF SIXTEEN PERCENT SHALL HAVE THE DIFFERENCE BETWEEN THE AMOUNTTRANSFERRED AND THE AMOUNTTHAT WOULD HAVE BEEN CONTRIBUTED AT THE EXCESS RATE MADE UP BY AN ADDITIONAL CONTRIBUTION FROM THE EMPLOYER.

THE MEMBER SHALL THEN BE GRANTED A NORMAL RETIREMENT UNDER THE MEMBER'S RETIREMENT PLAN AND THE TEMPORARY OCCUPATIONAL DISABILITY RETIREMENTBENEFITS UNDERTHESTATEWIDEDEATH AND DISABILITY PLAN SHALL TERMINATE.

(4) WITHIN FIVE YEARS FROM THE DATE OF A FINDING OF OCCUPATIONAL DISABILITY PURSUANTTO SUBSECTION ( 1) OF THIS SECTION OR FROM THE DATE OF ORIGINAL DISABLEMENT PURSUANT TO SECTION 31-31-805, 31-31-807, OR 31-31-808, A MEMBER RETIRED FOR SUCH DISABILITY MAY BE DECLARED TOTALLY DISABLED BASED UPON PERIODIC REEXAMINATION AS ORDERED BY THE ASSOCIATION IN ITS DISCRETION.

IF THE MEMBER IS DECLAREDTOTALLY DISABLED, THE BENEFITS PROVIDED BY SECTION31-31-805, 31-31-807, OR3 l-31-808 ARE INCREASEDTOTHE LEVEL PROVIDED IN SECTION 31-31-804.

COST OF LIVING ADJUSTMENTS ARE PAID PROSPECTIVELY IN ACCORDANCE WITH SECTION 31-31-811.

[Similar to former 31-31-806]31-31-806) Disqualification upon reemployment.

IF, SUBSEQUENT TO DISABILITY RETIREMENT BENEFITS BEING AWARDED TO A MEMBER PURSUANT TO THIS PART 8, BUT PRIOR TO A DECISIONOFTHEASSOCIATIONTHATANOCCUPATIONALDISABILITYCEASESDECISION OFTHEASSOCIATION THATAN OCCUPATIONALDISABILITY CEASES TO EXIST,AEXIST, A MEMBER IS EMPLOYED OR REEMPLOYED IN THIS STATE OR ANY OTHER JURISDICTION, PURSUANT TO EITHER AN AGREEMENT OR COURT ORDERORDER, ,ININ A FULL-TIME SALARIED POSITION THAT NORMALLY INVOLVES WORKING AT LEAST ONE THOUSAND SIX HUNDRED HOURS IN ANY GIVEN CALENDARYEARANDTHEDUTIESOFWHICHARECALENDARYEARAND DIRECTLYINVOLVEDWITHTHE DUTIES OF WHICH ARE DIRECTLY INVOLVED WITH THE PROVISION OF POLICE OR FIRE PROTECTION AS DETERMINED BY THE ASSOCIATION,THEASSOCIATION, DISABILITYRETIREMENTBENEFITSPROVIDEDPURSUANTTHE TOTHISPART 8 AREDISCONTINUED .ANYAPPLICATIONFORRETIREMENTFOR PAGE 17-SENATE BILL 26-039 DISABILITY MADERETIREMENT BYBENEFITS THEPROVIDED MEMBERPURSUANT AFTERTOTHIS SUCHPART8 APPOINTMENTARE ORDISCONTINUED. REINSTATEMENT SHALL BE TREATED IN ALL RESPECTS AS A NEW APPLICATION.

ANY APPLICATION FOR RETIREMENT FOR PA G E 17-SENATE BILL 26-039 DISABILITY MADE BY THE MEMBER AFTER SUCH APPOINTMENT OR REINSTATEMENT SHALL BE TREATED IN ALL RESPECTS AS A NEW APPLICATION.

[Similar to former 31-31-807]31-31-807) Death of member - survivor benefits.

(1) (a) IIF A MEMBER DIES WHILE IN ACTIVE SERVICE OR WHILE ON TEMPORARY OCCUPATIONAL DISABILITY AND LEAVES A SURVIVING SPOUSE OR DEPENDENT CHILDRENCHILDREN, , OR BOTHBOTH, , ONE OF THE SURVIVOR BENEFITS DESCRIBEDINSUBSECTIONDESCRIBED (1)(b)OFTHISSECTIONAREPAIDIFTHEMEMBERINSUBSECTION :( 1)(b)OFTHIS SECTION ARE PAID IFTHE MEMBER:

(I) IIS NOT ELIGIBLE FOR ANORMALRETIREMENTA PENSIONUNDERANNORMAL RETIREMENT PENSION UNDER AN OLD HIRE PENSION PLAN ESTABLISHED PURSUANT TO ARTICLE 30.5OF30.5 OF THIS TITLE31TITLE 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 RETIREMENTRETIREMENT; ;AND (II) (A) S NOT ELIGIBLE FOR THE NORMAL RETIREMENT PENSION FROM A PLAN THAT IS PART OFTHE DEFINED BENEFIT SYSTEM PURSUANT TO SECTION 31-31-204;OR (B) HASNOTREACHEDAGEFIFTY FIVEWITHTWENTY -FIVEYEARSOF ACCUMULATED SERVICE AS A MEMBER AND IS A PARTICIPANT UNDER THE STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5 OF THIS ARTICLE OR UNDER A LOCAL MONEY PURCHASE PLAN .

(b)AND O(11) NE(A) OF THE FOLLOWING SURVIVOR BENEFITS IS PAIDNOT IFELIGIBLE FOR THE REQUIREMENTSNORMAL OFRETIREMENT SUBSECTIONPENSION (1)(a)OFFROM THISA SECTIONPLAN ARETHAT SATISFI:D (I) W HEN THERE IS APART SURVIVINGOF SPOUSETHE ANDDEFINED NOBENEFIT DEPENDENTSYSTEM CHILDRENPURSUANTTO ,THEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASESECTION SALARY31-31-204; PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH .

(II)OR W(B) HENHAS THERENOT ISREACHEDAGE AFIFTY-FIVEWITHTWENTY-FIVEYEARS SURVIVINGOF SPOUSEACCUMULATED ANDSERVICE ONEAS DEPENDENTA CHILD,THEMEMBER MONTHLYAND BENEFIT IS FORTYA PERCENTPARTICIPANT OFUNDER THE MONTHLYSTATEWIDE BASEMONEY SALARYPURCHASE PAIDPLAN PURSUANT TO SUCHPART MEMBER5 IMMEDIATELYOF PRECEDINGTHIS DEATHARTICLE .OR UNDER A LOCAL MONEY PURCHASE PLAN.

(III)(b) WONE HENOF THERETHE ISFOLLOWING ASURVIVOR SURVIVINGBENEFITS SPOUSE AND TWO OR MORE DEPENDENT CHILDREN ,THE MONTHLY BENEFIT IS FIFTYPAID PERCENTIF OF THE PAGEREQUIREMENTS 18-SENATEOF BILLSUBSECTION 26-039(l)(a)OF MONTHLYTHIS BASESECTION SALARYARE PAIDSATISFIED: TO SUCH MEMBER IMMEDIATELY PRECEDING DEATH .

(IV)(I) WWHEN HEN THERE IS NOA SURVIVING SPOUSE AND THREENO OR MORE DEPENDENT CHILDRENCHILDREN,THEMONTHLY ,THEBENEFITIS MONTHLYFORTY BENEFITPERCENTOFTHE IS FIFTY PERCENT OF THE MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(V)(II) WWHEN HEN THERE IS NOA SURVIVING SPOUSE AND TWOONE DEPENDENT CHILDRENCHILD, ,THEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASETHE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(VI)(III) WWHEN HEN THERE IS NOA SURVIVING SPOUSE AND ONETWO OR MORE DEPENDENT CHILD,THECHILDREN, THE MONTHLY BENEFIT SHALLIS BEFIFTY FORTY PERCENT OF THE PAGE 18-SENATE BILL 26-039 MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(2)(IV) ANYWHEN THERE IS NO SURVIVING SPOUSE AND THREE OR MORE DEPENDENT CHILDREN, THE MONTHLY BENEFIT PROVIDEDIS INFIFTY ACCORDANCEPERCENT WITHOF THISTHE SECTIONMONTHLY TOBASE THESURVIVINGSPOUSEORDEPENDENTCHILDOFAMEMBERWHODIESWHILESALARY INACTIVESERVICETERMINATESUPONTHEDEATHOFTHESURVIVINGSPOUSEPAID ORUPONTHEDEATHORTERMINATIONOFDEPENDENCYOFSUCHDEPENDENTTO CHILD,ASSUCH APPLICABLEMEMBER .IMMEDIATELY PRECEDING DEATH.

(3)(V) (a) WHEN THERE IS ANO SURVIVING SPOUSE AND ONETWO DEPENDENT CHILDCHILDREN,THE RESIDINGMONTHLY INBENEFITIS AFORTY SEPARATEPERCENTOFTHE HOUSEHOLDMONTHLY FROMBASE THESALARY SURVIVINGPAID SPOUSE , THESURVIVINGSPOUSE RECEIVES TWENTY -FIVE PERCENT OFTHEMONTHLY BASESALARYANDTHECHILDSHALLRECEIVETHEBALANCEOFTHEBENEFIT PURSUANT TO SUBSECTIONSUCH (1)(b)(IIOFMEMBER THISIMMEDIATELY SECTION.PRECEDING DEATH.

(b)(VI) WWHEN HEN THERE IS ANO SURVIVING SPOUSE AND TWOONE OR MORE DEPENDENT CHILDRENCHILD, RESIDING IN A SEPARATE HOUSEHOLD FROM THE SURVIVINGMONTHLY SPOUSEBENEFIT ,SHALL THEBE SURVIVINGFORTY SPOUSE RECEIVES TWENTY -FIVE PERCENT OF THE MONTHLYMONTI-ILY BASE SALARY ANDPAID THE CHILDREN RECEIVE THE BALANCE OF THE BENEFIT PURSUANT TO SUBSECTIONSUCH (1)(b)(IIIOFMEMBER THISIMMEDIATELY SECTIONPRECEDING .DEATH.

(c)(2) UPONTHETERMINATIONOFTHEBENEFITPAYABLETOTHECHILDANY ORBENEFIT CHILDRENPROVIDED PURSUANTIN ACCORDANCE WITH THIS SECTION TO SUBSECTIONTHESURVIVINGSPOUSEORDEPENDENTCHILDOFAMEMBER (3)(a)ORWHO (3)(b)OFDIES THISWHILE SECTION,IN THEACTIVESERVICETERMINATES UPONTHE DEATHOFTHE SURVIVING SPOUSE RECEIVESOR THEUPONTHE BENEFITDEATHORTERMINATION PURSUANTOF TODEPENDENCYOFSUCH SUBSECTIONDEPENDENT (1)(b)(IOFCHILD, THISAS SECTION.APPLICABLE.

PAGE(3) 19-SENATE(a)WHEN BILLTHERE 26-039IS (4) IF A SURVIVORSURVIVING BENEFITSPOUSE ISAND PAYABLE FOR THE BENEFIT OF MORE THAN ONE DEPENDENT CHILD OFRESIDING THEIN MEMBERA PURSUANTSEPARATE TOHOUSEHOLD SUBSECTIONFROM (1)(b)(III),THE (1)(b)(OR)(1)(b)(V)OFSURVIVING THISSPOUSE, SECTIONTHE ANDSURVIVING THESPOUSE DEPENDENTRECEIVES CHILDRENTWENTY-FIVE RESIDEPERCENT INOFTHE SEPARATEMONTHLY HOUSEHOLDSBASE FROMSALARY EACHANDTHE OTHERCHILD ,SHALLRECEIVE THE BENEFITBALANCE ISOFTHE DIVIDEDBENEFIT EQUALLYPURSUANT AMONGTO THESUBSECTION CHILDREN(l)(b)(IlOF .THIS SECTION.

(5)(b) AWHEN NYTHERE IS A SURVIVING SPOUSE AND TWO OR MORE DEPENDENT CHILDCHILDREN RECEIVINGRESIDING BENEFITSPURSUANTTOSUBSECTIONIN (1)(b)(IORA (1)(b)(VIOFTHISSECTIONSEPARATE PRIORHOUSEHOLD TOFROM JANUARYTHE 1,SURVIVING 2002,SPOUSE, THE SURVIVING SPOUSE RECEIVES ANYTWENTY-FIVE INCREASEDPERCENT BENEFITOF ESTABLISHEDTHE INMONTHLY SUBSECTIONBASE (1)(b)(I)ORSALARY (1)(b)(VI)OFAND THISTHE SECTIONCHILDREN ONRECEIVE JANUARYTHE 1,BALANCE 2002ASOF APPLICABLETHE .BENEFIT PURSUANT TO SUBSECTION ( 1)(b)(IIIOF THIS SECTION.

(6)(c) (a)UPON THETHETERMINATION SURVIVOROFTHE BENEFITSBENEFIT PAYABLE UNDERTO THE STATEWIDECHILD DEATHANDDISABILITYPLANESTABLISHEDINTHISPARTOR 8ISREDETERMINEDCHILDREN EFFECTIVEPURSUANT OTO CTOBERSUBSECTION 1(3)(a)OR EACH(3)(b)OF YEARTHIS ,ANDSECTION, THE REDETERMINEDSURVIVING AMOUNTSPOUSE ISRECEIVES PAYABLETHE FORBENEFIT THEPURSUANT FOLLOWINGTO TWELVESUBSECTION MONTHS(1)(b)(IOF .THIS SECTION.

TOPAGE BE19-SENATE ELIGIBLEBILL FOR26-039 REDETERMINATION(4) ,THEIF BENEFITSA SHALLSURVIVOR HAVEBENEFIT BEENIS PAIDPAYABLE FOR ATTHE LEASTBENEFIT TWELVEOF CALENDARMORE MONTHSTHAN PRIORONE TODEPENDENT CHILD OF THE EFFECTIVEMEMBER DATEPURSUANT TO SUBSECTION (1)(b)(III)1)(b)(IV), OR1)(b)(V) OF REDETERMINATIONTHIS .SECTION AND THE DEPENDENT CHILDREN RESIDE IN SEPARATE HOUSEHOLDS FROM EACH OTHER, THE BENEFIT IS DIVIDED EQUALLY AMONG THE CHILDREN.

THE(5) ANNUALANY REDETERMINATIONSURVIVING OFSPOUSE BENEFITSOR MADEDEPENDENT PURSUANTCHILD TORECEIVING THISBENEFITSPURSUANTTOSUBSECTION ( 1)(b)(I) O1)(b)(VI) OFTHIS SECTION ISPRIOR INTO LIEUJANUARY OF1, 2002, RECEIVES ANY OTHERINCREASED ANNUALBENEFIT COSTESTABLISHED IN SUBSECTION (l)(b)(I) OR (l)(b)(V I) OF LIVINGTHIS ADJUSTMENTSECTION .ON JANUARY 1,2002, AS APPLICABLE.

(b)(6) FOR(a)THE THE REDETERMINATION OF SURVIVOR BENEFITS PAYABLE PURSUANTUNDER TO THIS SECTION ,THE AMOUNT OF THE BENEFITSTATEWIDE ONDEATH THEAND EFFECTIVEDISABILITYPLAN DATEESTABLISHED OFINTHIS THEPART BENEFIT8ISREDETERMINED IS INCREASED BY A PERCENTAGE TO BE DETERMINEDBYTHEBOARDBUTNOTMORETHANTHREEPERCENTFOREACH FULL YEAR CONTAINED IN THE PERIOD COMMENCING WITH THE EFFECTIVE DATEOCTOBER OF1EACH THEYEAR, BENEFIT AND ENDINGTHE WITHREDETERMINED THEAMOUNT EFFECTIVEIS DATEPAYABLE OFFOR THE REDETERMINATIONFOLLOWING .TWELVE MONTHS.

(c)TO THEBE COSTELIGIBLE OFFOR REDETERMINATION, THE ADJUSTMENTBENEFITS OFSHALL BENEFITSHAVE PROVIDEDBEEN BYPAID THISFOR SECTIONISFUNDEDINTHESAMEMANNERASOTHERBENEFITSESTABLISHEDAT BYLEAST THISTWELVE PART8.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 DETERMINEDBYTHEBOARDBUTNOTMORETHANTHREEPERCENTFOREACH 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 INTHE SAME MANNER AS OTHER BENEFITS ESTABLISHED BY THIS PART8.

(1) (a)(a)IF F 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 PAGEPA G E 20-SENATE BILL 26-039 DISEASE ARISING OUT OF AND IN THE COURSE OF THE MEMBERMEMBER'S 'SEMPLOYMENT, EMPLOYMENTAND ,AND IF SUCH MEMBER QUALIFIES FOR LIN-OF-DUTYLINE-OF-DUTY STATUS UNDER SECTION 101 (h)OF(h) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AND LEAVESLEAYES A SURVIVING SPOUSE OR DEPENDENT CHILDRENCHILDREN, ,OROR BOTHBOTH, ,ONEONE OF THE SURVIVOR BENEFITS DESCRIBED IN EITHER SUBSECTION (1)(b)OR(l)(b)OR (1)(cOF(l)(cOF THIS SECTION IS PAID IF THE MEMB:RMEMBER: (I) I NOT ELIGIBLE FOR ANORMALRETIREMENT PENSIONUNDERAN OLD HIRE PENSION ESTABLISHED PURSUANT TO ARTICLE 30.5OF THIS TITLE 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) S 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) HASNOTREACHEDAGEFIFTY -FIVEWITHTWENTY -FIVEYEARSOF ACCUMULATED SERVICE AS A MEMBER AND IS A PARTICIPANT UNDER THE STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5 OF THIS ARTICLE OR UNDER A LOCAL MONEY PURCHASE PLAN .

(b)(I)IS EXCEPTNOT ASELIGIBLE OTHERWISEFOR PROVIDEDA INNORMAL SUBSECTIONRETIREMENT (1)(cOFPENSION THISUNDER SECTION,AN ONEOLD OFHIRE THEPENSION FOLLOWINGESTABLISHED SURVIVORPURSUANT BENEFITSTO ISARTICLE PAID30.5 IF THE REQUIREMENTS OF SUBSECTION (1)(a)OF THIS SECTIONTITLE ARETHAT SATISFI:DPROVIDES (I)FOR WPOSTRETIREMENT HENSURVIVOR THEREBENEFITS ISTO A SURVIVING SPOUSE AND NO DEPENDENT CHILDREN ,THEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASEIN SALARYTHE PAIDEVENT TOTHE SUCH MEMBER IMMEDIATELYDIES PRECEDINGIN DEATHACTIVE .SERVICE WHILE ELIGIBLE FOR NORMAL RETIREMENT;

AND (II) W(A) HENIS THERENOT ISELIGIBLE AFOR SURVIVINGTHE SPOUSENORMAL ANDRETIREMENT ONEPENSION DEPENDENTFROM CHILD,THEA MONTHLYPLAN BENEFITTHAT IS FORTYPART PERCENT OF THE MONTHLYDEFINED BASEBENEFIT SALARYSYSTEM PAIDPURSUANTTO TOSECTION SUCH31-31-204; MEMBER IMMEDIATELY PRECEDING DEATH .

(III)OR W(B) HENHASNOTREACHEDAGEFIFTY-FIVEWITHTWENTY-FIVEYEARSOF THEREACCUMULATED ISSERVICE AS A SURVIVINGMEMBER SPOUSE AND TWOIS ORA MOREPARTICIPANT DEPENDENTUNDER CHILDRENTHE ,THESTATEWIDE MONTHLYMONEY BENEFITPURCHASE ISPLAN FIFTYPURSUANT PERCENTTO OFPART THE5 MONTHLYOF BASETHIS SALARYARTICLE PAIDOR TOUNDER SUCHA MEMBERLOCAL IMMEDIATELYMONEY PRECEDINGPURCHASE DEATHPLAN. .

(IV)(b) WEXCEPT HENAS THEREOTHERWISE ISPROVIDED NOIN SURVIVINGSUBSECTION SPOUSE(l)(c)OF ANDTHIS THREESECTION, ORONE MOREOF PAGETHE 21-SENATEFOLLOWING BILLSURVIVOR 26-039BENEFITS DEPENDENT CHILDREN ,THE MONTHLY BENEFIT IS FIFTYPAID PERCENTIF OF THE MONTHLYREQUIREMENTS BASEOF SALARYSUBSECTION PAID(l)(aOF TOTHIS EACHSECTION MEMBERARE IMMEDIATELYSATISFIED: PRECEDING DEATH .

(V)(I) WWHEN HEN THERE IS NOA SURVIVING SPOUSE AND TWONO DEPENDENT CHILDRENCHILDREN, ,THEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASETHEMONTHLYBENEFITISFORTYPERCENTOFTHEMONTHLYBASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(VI)(II) WWHEN HEN THERE IS NOA SURVIVING SPOUSE AND ONE DEPENDENT CHILD,THECHILD, THE MONTHLY BENEFIT IS FORTY PERCENT OF THE MONTHLY BASE SALARY PAID TO SUCH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(c)(III) FORSURVIVORSWHOBECOMEELIGIBLEFORSURVIVORBENEFITSWHEN ONTHERE ORIS AFTERA OCTOBERSURVIVING 15,SPOUSE 2002,AND ONETWO OFOR THEMORE FOLLOWINGDEPENDENT SURVIVORCHILDREN, BENEFITSTHE MONTHLY BENEFIT IS PAIDFIFTY IFPERCENT OF THE REQUIREMENTSMONTHLY OFBASE SUBSECTIONSALARY (1)(aOFPAID THISTO SECTIONSUCH AREMEMBER SATISFIED:IMMEDIATELY PRECEDING DEATH.

(I)(IV) THE MONTHLY BENEFIT WHEN THERE IS ANO SURVIVING SPOUSE ,AND EITHERWITHORWITHOUTCHILDRENTHREE ,ISSEVENTYPERCENTOFTHEMONTHLYOR MORE PA G E 21-SEN A TE B ILL 26-039 DEPENDENT CHILDREN, THE MONTHLY BENEFIT IS FIFTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO SUCHEACH MEMBER IMMEDIATELY PRECEDING DEATHDEATH. .

(II)(V) THE MONTHLY BENEFIT WHEN THERE IS NO SURVIVING SPOUSE BUTAND ATWO SURVIVINGDEPENDENT CHILDCHILDREN,THEMONTHLY ORBENEFITIS CHILDRENFORTY ISPERCENTOFTHE (A) S EVENTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TOSUCHMEMBERIMMEDIATELYPRIORTODEATHIFTHECHILDORCHILDRENTO WERELIVINGINTHEMEMBERSUCH 'SHOMEATTHETIMEOFTHEMEMBERMEMBER 'SDEATHIMMEDIATELY ;PRECEDING DEATH.

OR(VI) (B)WHEN FORTYTHERE PERCENTIS OFTHENO MONTHLYSURVIVING BASESPOUSE SALARYAND BEINGONE PAIDDEPENDENT TOCHILD, SUCHTHE MEMBERMONTHLY IMMEDIATELYBENEFIT PRIORIS TOFORTY DEATHPERCENT FOROF ONETHE CHILDMONTHLY ANDBASE FIFTEENSALARY PERCENTPAID FORTO EACHSUCH ADDITIONALMEMBER CHILDIMMEDIATELY ;PRECEDING DEATH.

EXCEPT(c) THATFOR THESURVIVORS TOTALWHO BENEFITBECOME RECEIVEDELIGIBLE SHALLFOR NOTSURVIVOR BEBENEFITS GREATERON THANOR SEVENTYAFTER PERCENTOCTOBER 15, 2002, ONE OF THE MONTHLYBASESALARYIFTHECHILDORCHILDRENWERENOTLIVINGINTHEFOLLOWING MEMBERSURVIVOR SBENEFITS HOMEIS ATPAID IF THE TIMEREQUIREMENTS OF THESUBSECTION MEMBER(l)(a)OF STHIS DEATHSECTION .ARE SATISFIED:

(2)(I) (a) O OR AFTER O CTOBER 1,2001,IF A MEMBER DIES WHILE IN ACTIVE SERVICE AS THE DIRECTMONTHLY ANDBENEFIT PROXIMATEWHEN RESULTTHERE OFIS A PERSONALSURVIVING INJURYSUSTAINEDWHILEPERFORMINGOFFICIALDUTIESORASARESULTOFSPOUSE, PAGEEITHER 22-SENATEWITH BILLORWITHOUTCHILDREN, 26-039IS ANSEVENTY OCCUPATIONALPERCENTOFTHE DISEASEMONTHLY ARISINGBASE OUTSALARY OFBEING AND IN THE COURSE OF THE MEMBER S EMPLOYMENT , AND IF SUCH MEMBER QUALIFIES FOR LINE-OF-DUTYSTATUSUNDERSECTION 101(h) OFTHEFEDERAL "NTERNAL REVENUE CODEOF 1986",ANDLEAVESASURVIVINGSPOUSEORDEPENDENT CHILDREN , OR BOTH , ONE OF THE SURVIVOR BENEFITS DESCRIBED IN SUBSECTION (2)(b)OF THIS SECTION IS PAID IF THE MEMB:R (I) I ELIGIBLE FOR A NORMALRETIREMENT PENSIONUNDERAN OLD HIRE PENSION ESTABLISHED PURSUANT TO ARTICLESUCH 30.5OF THIS TITLE31 THATPROVIDESFORPOSTRETIREMENTSURVIVORBENEFITSTOASPOUSEAND DEPENDENT CHILDREN IN THE EVENT THE MEMBER DIESIMMEDIATELY INPRECEDING ACTIVEDEATH. SERVICE WHILE ELIGIBLE FOR NORMAL RETIREMENT ;

(II)(II)THE IELIGIBLEFORTHENORMALRETIREMENTPENSIONFROMAPLANMONTHLY THAT IS PART OF THE DEFINED BENEFIT SYSTEMWHEN PURSUANTTHERE TOIS SECTIONNO 31-31-204;ORSURVIVING (III)SPOUSE HASBUT REACHED AGE FIFTY FIVE WITH TWENTY FIVE YEARS OF ACCUMULATED SERVICE AS A MEMBERSURVIVING ANDCHILD IS A PARTICIPANT UNDER THE STATEWIDE MONEY PURCHASE PLAN PURSUANT TO PART 5OF THIS ARTICLE OR UNDERCHILDREN AIS: LOCAL MONEY PURCHASE PLAN .

(b)(A) O NE OF THE FOLLOWING SURVIVOR BENEFITS IS PAID IF THE REQUIREMENTS OF SUBSECTION (2)(a)OF THIS SECTION ARE SATISFIED AND IFTHESURVIVORBENEFITCURRENTLYRECEIVEDPURSUANTTOSUBSECTION (2)(a)(I), (2)(a)(OR)(2)(a)(IIOF THIS SECTION IS LESS THAN SEVENTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO THESUCH MEMBER IMMEDIATELY PRECEDINGPRIORTO DEATH :IFTHECHILDORCHILDREN WERE LIVING INTHE MEMBER'S HOME ATTHETIMEOFTHE MEMBER'S DEATH;

(I)OR THEMONTHLYBENEFITTOBEPAIDINADDITIONTOTHEMONTHLY(B) RETIREMENTFORTY BENEFIT OTHERWISE PAYABLE WHEN THERE IS A SURVIVING SPOUSE ,EITHERWITHORWITHOUT CHILDREN ,ISTHE DIFFERENCE BETWEEN SEVENTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO SUCH MEMBER IMMEDIATELYPRECEDINGDEATHANDTHEAMOUNTPAYABLEPURSUANTTOIMMEDIATELY BENEFITSPRIORTO RECEIVEDDEATH UNDERFOR THEONE PLANCHILD IDENTIFIEDAND INFIFTEEN SUBSECTIONPERCENT (2)(a)(I),FOR (2)(a)(II),EACH (2)(a)(IIOFADDITIONAL THISCHILD; SECTION.

(II)EXCEPT TTHAT HE MONTHLY BENEFIT TO BE PAID IN ADDITION TO THE MONTHLYTOTAL RETIREMENT BENEFIT OTHERWISERECEIVED PAYABLESHALL WHENNOT THEREBE ISGREATER NOTHAN SURVIVINGSEVENTY SPOUSE BUT THERE IS A SURVIVING CHILD OR CHILDREN IS PAGE 23-SENATE BILL 26-039 (A) IFTHECHILDORCHILDRENWERELIVINGINTHEMEMBER SHOME ATTHETIMEOFTHEMEMBER SDEATH THEDIFFERENCEBETWEENSEVENTY PERCENT OF THE MONTHLY BASE SALARY BEINGIFTHECHILD PAIDORCHILDREN TOWERENOT SUCH MEMBER IMMEDIATELYPRECEDINGDEATHANDTHEAMOUNTPAYABLEPURSUANTTO BENEFITS RECEIVED UNDER THE PLAN IDENTIFIED IN SUBSECTION(2)(a)(I), (2)(a)(II), (2)(a)(IIOF THIS SECTION;OR (B) IF THE CHILD OR CHILDREN WERE NOT LIVING ININTHE THEMEMBER'S MEMBE'S HOME AT THE TIME OF THE MEMBERMEMBER'S 'SDEATH. DEATH,THE SUM OF FORTY PERCENT OFTHEMONTHLYBASESALARYBEINGPAIDTOSUCHMEMBERIMMEDIATELY PRIOR TO DEATH FOR THE FIRST CHILD PLUS FIFTEEN PERCENT FOR EACH ADDITIONAL CHILD ,THE TOTAL OF WHICH SHALL NOT BE GREATER THAN SEVENTY PERCENT OF THE MONTHLY BASE SALARY LESS THE AMOUNT PAYABLEPURSUANTTOBENEFITSRECEIVEDUNDERTHEPLANIDENTIFIEDIN SUBSECTION (2)(a)(I), (2)(a)(OR)(2)(a)(IIOF THIS SECTIO.

(3)(2)(a) THEBOARDSHALLADOPTRULESTHATSPECIFYSTANDARDSANDON ESTABLISHPROCEDURESFORDETERMININGWHETHERAMEMBEROR 'SDEATHISAFTER THEOCTOBER DIRECT1,2001, ANDIF PROXIMATE RESULT OF A PERSONALMEMBER INJURYDIES SUSTAINEDWHILE WHILEPERFORMINGOFFICIALDUTIESORANOCCUPATIONALDISEASEARISINGIN OUTOFANDINTHEACTIVE COURSESERVICE OFAMEMBERAS STHE EMPLOYMENTDIRECT AND INTHECASEPROXIMATE OFALINERESULT -OF-DUTYDEATHOF ,WHETHERANYOFTHEEXCEPTIONSSPECIFIEDINA SECTIONPERSONAL 101INJURY (h)(2OFTHESUSTAINED FEDERALWHILE "INTERNALPERFORMING ROFFICIAL EVENUEDUTIES CODEORAS OFA 1986",RESULT AREOF APPLICABLE.SPA UCHG DECISIONSE BY22-SEN THEA ASSOCIATIONTE MAYBILL BE26-039 APPEALEDAN THROUGHOCCUPATIONAL THEDISEASE ADMINISTRATIVEARISING REVIEWOUT PROCEDURESOF SETAND FORTH IN THE RULESCOURSE ADOPTEDOF BY THE BOARDMEMBER'S EMPLOYMENT, AND IF SUCH FINALMEMBER DECISIONQUALIFIES BYFOR THELINE-OF-DUTY ASSOCIATIONSTATUS CANUNDER ONLYSECTION BE101 REVIEWED(h)OFTHE BYFEDERAL PROPER"INTERNAL COURTREVENUECODEOF ACTION1986",ANDLEAVESASURVIVINGSPOUSEORDEPENDENT SUBJECTCHILDREN, TORULEOR 106(a)(4)THECBOTH, OLORADORULESOFCIVILPROCEDUREONE .THEBOARDOF MAYTHE APPOINTSURVIVOR HEARINGBENEFITS OFFICERSDESCRIBED TOIN CONDUCTSUBSECTION HEARINGS(2)(b) ONOF ANYTHIS ISSUESECTION RELATINGIS TOPAID SURVIVORIF BENEFITSTHE .MEMBER:

(4)(I) (a)IS TEELIGIBLE BOARDFORA SHALLADOPTNORMAL RULESRETIREMENT THATPENSION SPECIFYTHEUNDER METHODAN OLD HIRE PENSION ESTABLISHED PURSUANT TO ARTICLE 30.5 OF REVIEWINGTHIS EXISTINGTITLE SURVIVOR31 BENEFITTHATPROVIDESFORPOSTRETIREMENTSURVIVORBENEFITSTOASPOUSEAND AWARDSDEPENDENT TOCHILDREN :IN THE EVENT THE MEMBER DIES IN ACTIVE SERVICE WHILE ELIGIBLE FOR NORMAL RETIREMENT;

(I)(II) DETERMINEIS WHETHERELIGIBLE AFORTHENORMAL MEMBERRETIREMENT 'SPENSION DEATHFROM WASAPLAN THETHAT DIRECTIS ANDPART PROXIMATERESULTOFAPERSONALINJURYSUSTAINEDWHILEPERFORMING OFFICIAL DUTIES OR AS A RESULT OF AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSEDEFINED OFBENEFIT THESYSTEM MEMBERPURSUANT STO EMPLOYMENTSECTION ;31-31-204;

(II)OR DETERMINE,INTHECASEOFLINE(Ill)HAS -OF-DUTYDEATHSOCCURRINGREACHED PAGEAGE 24-SENATEFIFTY-FIVE BILLWITH 26-039TWENTY-FIVE AFTERYEARS DOF ECEMBERACCUMULATED 31,SERVICE 1996,WHETHERAS ANYA OFMEMBER THEAND EXCEPTIONSIS SPECIFIEDA INPARTICIPANT SECTIONUNDER 101THE (h)(2)STATEWIDE OFMONEY THEPURCHASE FEDERALPLAN "INTERNALPURSUANT REVENUETO CPART ODE5 OF 1986",ARETHIS APPLICABLEARTICLE ;-OR UNDER A LOCAL MONEY PURCHASE PLAN.

(III)(b) ESTABLISHONE PROCEDURESOF FORTHE MAKINGFOLLOWING SUCHSURVIVOR DETERMINATIONSBENEFITS ANDIS THEPAID APPEALSIF THROUGH THE ADMINISTRATIVEREQUIREMENTS REVIEWOF PROCEDURESSUBSECTION ,(2)(a) INCLUDINGOFTHIS THESECTION APPOINTMENTARE OFSATISFIED HEARINGAND OFFICERSIFTHESURVIVORBENEFITCURRENTLY TORECEIVED CONDUCTPURSUANTTO HEARINGSSUBSECTION .FINAL(2)(a)(I), DECISIONS(2)(a)(II), BYOR THE(2)(a)(III) ASSOCIATIONOF CANTHIS ONLYSECTION BEIS REVIEWEDLESS BYTHAN PROPERSEVENTY COURTPERCENT ACTIONOF SUBJECTTHE TOMONTHLY RULEBASE 106SALARY (a)(4)OFBEING THECPAID OLORADOTO RULESTHE OFMEMBER CIVILIMMEDIATELY PROCEDUREPRECEDING .DEATH:

(b)(I) THE DETERMINATIONSMONTHLY MADEBENEFITTO BYBEPAID THEIN BOARDADDITION PURSUANTTOTHE TOMONTHLY THISRETIREMENT SUBSECTIONBENEFIT (4)AREOTHERWISE MADEPAYABLE ONWHEN THERE IS A SURVIVING SPOUSE, EITHER WITH OR WITHOUT CHILDREN, IS THE BASISDIFFERENCE BETWEEN SEVENTY PERCENT OF THE MEDICALMONTHLY EVIDENCEBASE THATSALARY WASPAID PREVIOUSLYTO SUBMITTEDSUCH INMEMBER CONNECTIONIMMEDIATELY WITHPRECEDING DEATH AND THE APPLICATIONAMOUNT FORPAYABLE SURVIVORPURSUANTTO BENEFITS ANDRECEIVED OTHERUNDER RELEVANTTHE NONTESTIMONIALPLAN EVIDENCEIDENTIFIED .IN SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(III) OF THIS SECTION.

(c)(II) ATHE NYMONTHLY DECISIONBENEFIT MADETO BYBE THEPAID BOARDIN ADDITION TO CHANGETHE ANMONTHLY EXISTINGRETIREMENT SURVIVORBENEFITBENEFIT AWARDTOANONOTHERWISE -DUTYSURVIVORBENEFITPAYABLE UNDERTHISWHEN SUBSECTIONTHERE (4)OPERATESONAPROSPECTIVEBASISFROMTHEDATEOFTHEIS BOARDNO 'SSURVIVING DECISION.SPOUSE BUT THERE IS A SURVIVING CHILD OR CHILDREN IS:

(5)PA G E 23-SEN A NYTE BENEFITBILL PROVIDED26-039 IN(A) ACCORDANCEIFTHE WITHCHILD THISORCHILDREN SECTIONWERE LIVING INTHE MEMBER'S HOME AT THETIME OFTHE MEMBER'S DEATH, THE DIFFERENCE BETWEEN SEVENTY PERCENT OF THE MONTHLY BASE SALARY BEING PAID TO THESURVIVINGSPOUSEORDEPENDENTCHILDOFAMEMBERWHODIESWHILESUCH INACTIVESERVICETERMINATESUPONTHEDEATHOFTHESURVIVINGSPOUSEMEMBER ORIMMEDIATELY UPONPRECEDINGDEATHANDTHE AMOUNT PAYABLE PURSUANTTO BENEFITS RECEIVED UNDER THE DEATHPLAN ORIDENTIFIED TERMINATIONIN OFDEPENDENCYSUBSECTION OFTHE(2)(a)(I), DEPENDENT(2)(a)(II), CHILD,ASOR APPLICABLE(2)(a)(III) .OF THIS SECTION;

(6)OR (a)(B) WHENIF THERETHE ISCHILD AOR SURVIVINGCHILDREN SPOUSEWERE ANDNOT ONELIVING DEPENDENTIN CHILDTHE RESIDINGMEMBER'S INHOME AAT SEPARATETHE HOUSEHOLDTIME FROMOF THE SURVIVINGMEMBER'S SPOUSEDEATH, , THE SURVIVINGSUM SPOUSEOF RECEIVESFORTY TWOPERCENT THIRDSOFTHE OFMONTHLY THEBASE BENEFITSALARY ANDBEING PAIDTO SUCHMEMBERIMMEDIATELY PRIOR TO DEATH FOR THE FIRST CHILD RECEIVESPLUS FIFTEEN PERCENT FOR EACH ADDITIONAL CHILD, THE BALANCETOTAL OF WHICH SHALL NOT BE GREATER THAN SEVENTY PERCENT OF THE BENEFITMONTHLY PURSUANTBASE TOSALARY LESS THE AMOUNT PAYABLE PURSUANTTO BENEFITS RECEIVED UNDERTHE PLAN IDENTIFIED IN SUBSECTION (1)OR(2)(a)(I), (2)OF(2)(a)(II), OR (2)(a)(Ill) OF THIS SECTION.

(b)(3) WTHE HENBOARD THERESHALLADOPT ISRULES ATHAT SURVIVINGSPECIFY SPOUSESTANDARDS AND TWOESTABLISH ORPROCEDURES MOREFORDETERMINING DEPENDENTWHETHERAMEMBER'S CHILDRENDEATH RESIDINGIS INTHE DIRECT AND PROXIMATE RESULT OF A SEPARATEPERSONAL HOUSEHOLDINJURY FROMSUSTAINED THEWHILE SURVIVINGSPOUSEPERFORMINGOFFICIALDUTIES ,THESURVIVINGSPOUSERECEIVESFIFTYPERCENTOFTHEORAN BENEFITOCCUPATIONALDISEASEARISING OUTOF AND IN THE CHILDRENCOURSE RECEIVEOF A MEMBER'S EMPLOYMENT AND, IN THE BALANCECASE OF THEA BENEFITLINE-OF-DUTY PURSUANTDEATH, TOWHETHERANY SUBSECTIONOFTHE (1)EXCEPTIONS ORSPECIFIED (2)OFIN THISSECTION SECTIO.101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", ARE APPLICABLE.

(c)SUCH UPONTHETERMINATIONOFTHEBENEFITPAYABLETOTHECHILDDECISIONS PAGEBY 25-SENATETHE BILLASSOCIATION 26-039MAY ORBE CHILDRENAPPEALED PURSUANTTHROUGH TOTHE SUBSECTIONADMINISTRATIVE (6)(a)ORREVIEW (6)(bOFPROCEDURES THISSET SECTION,FORTH IN THE SURVIVINGRULES SPOUSEADOPTED RECEIVESBY THE ENTIREBOARD BENEFITAND PURSUANTSUCH FINAL DECISION BY THE ASSOCIATION CAN ONLY BE REVIEWED BY PROPER COURT ACTION SUBJECT TO SUBSECTIONRULE (1)OR106 (2)OF(a)(4) THISTHECOLORADORULES SECTION.OFCIVILPROCEDURE.

(7) IF A SURVIVOR BENEFIT IS PAYABLE FOR THE BENEFITBOARD OFMAY MOREAPPOINT THANONEDEPENDENTCHILDOFTHEMEMBERPURSUANTTOSUBSECTIONHEARING (1)OFFICERS ORTO (2)OFTHISSECTIONANDTHEDEPENDENTCHILDRENRESIDEINSEPARATECONDUCT HOUSEHOLDSHEARINGS FROMON EACHANY OTHERISSUE ,RELATING THETO CHILDRENSURVIVOR SBENEFITS. BENEFIT IS DIVIDED EQUALLY AMONG THE CHILDREN .

(8)(4) IA(a) MEMBERDIESWHILETHE INACTIVEBOARD SERVICESHALL ASTHEADOPT DIRECTRULES ANDTHAT PROXIMATERESULTOFAPERSONALINJURYSUSTAINEDWHILEPERFORMINGSPECIFY OFFICIAL DUTIES OR AS A RESULT OF AN OCCUPATIONAL DISEASE ARISING OUT OF AND IN THE COURSEMETHOD OF THEREVIEWING MEMBEREXISTING 'SSURVIVOR EMPLOYMENTBENEFIT ANDAWARDS OTHERWISETO: QUALIFIES FOR BENEFITS UNDER SUBSECTION (2)OF THIS SECTION,BUT FALLSWITHINONE ORMORE OFTHEEXCEPTIONSSPECIFIEDIN SECTION 101 (h)(2OFTHE FEDERAL "INTERNAL R EVENUE C ODE OF 1986", ANDLEAVESASURVIVINGSPOUSEORDEPENDENTCHILDREN ,ORBOTH SAID SURVIVORS SHALL :

(a)(I) RECEIVEDETERMINE BENEFITSWHETHER ASA ALLOWEDMEMBER'S UNDERDEATH SECTIONWAS 31-31-815;ORTHE (b)DIRECT RECEIVEAND BENEFITSPROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED WHILE PERFORMING OFFICIAL DUTIES OR AS ALLOWEDUNDERA THERESULT MEMBEROF SAN NORMALOCCUPATIONAL RETIREMENTDISEASE PLANARISING .OUT OF AND IN THE COURSE OF THE MEMBER'S EMPLOYMENT;

(11)DETERMINE, INTHE CASEOF LINE-OF-DUTY DEATHS OCCURRING PA G E 24-SEN A TE BILL 26-039 AFTER DECEMBER 31, 1996, WHETHER ANY OF THE EXCEPTIONS SPECIFIED IN SECTION 101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", ARE APPLICABLE;

(IIIESTABLISH PROCEDURES FOR MAKING SUCH DETERMINATIONS AND THE APPEALS THROUGH THE ADMINISTRATIVE REVIEW PROCEDURES, INCLUDING THE APPOINTMENT OF HEARING OFFICERS TO CONDUCT HEARINGS.

FINAL DECISIONS BY THE ASSOCIATION CAN ONLY BE REVIEWED BY PROPER COURT ACTION SUBJECT TO RULE 106 (a)(4)OF THE COLORADO RULES OF CIVIL PROCEDURE.

(b)THE DETERMINATIONS MADE BY THE BOARD PURSUANT TO THIS SUBSECTION ( 4)ARE MADE ON THE BASIS OF THE MEDICAL EVIDENCE THAT WAS PREVIOUSLY SUBMITTED IN CONNECTION WITH THE APPLICATION FOR SURVIVOR BENEFITS AND OTHER RELEVANT NONTESTIMONIAL EVIDENCE.

(c)ANY DECISION MADE BY THE BOARD TO CHANGE AN EXISTING SURVIVOR BENEFIT AWARD TO AN ON-DUTY SURVIVOR BENEFIT UNDER THIS SUBSECTION ( 4)OPERATES ON A PROSPECTIVE BASIS FROM THE DATE OFTHE BOARD'S DECISION.

(5) ANY BENEFIT PROVIDED IN ACCORDANCE WITH THIS SECTION TO THESURVIVINGSPOUSEORDEPENDENTCHILDOFAMEMBER WHO DIES WHILE INACTIVESERVICETERMINATES UPONTHE DEATHOFTHESURVIVINGSPOUSE OR UPON THE DEATH ORTERMINATION OF DEPENDENCY OF THE DEPENDENT CHILD, AS APPLICABLE.

(6)(a) WHEN THERE IS A SURVIVING SPOUSE AND ONE DEPENDENT CHILD RESIDING IN A SEPARATE HOUSEHOLD FROM THE SURVIVING SPOUSE, THE SURVIVING SPOUSE RECEIVES TWO-THIRDS OF THE BENEFIT AND THE CHILD RECEIVES THE BALANCE OF THE BENEFIT PURSUANT TO SUBSECTION (1) OR (2) 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,THESURVIVING SPOUSERECEIVES FIFTY PERCENTOFTHE BENEFIT AND THE CHILDREN RECEIVE THE BALANCE OF THE BENEFIT PURSUANT TO SUBSECTION (1) OR (2) OF THIS SECTION.

(c)UPON THETERMINATION OFTHE BENEFIT PAYABLETOTHE CHILD PA G E 25-SEN A TE BILL 26-039 OR CHILDREN PURSUANT TO SUBSECTION (6)(a) OR (6)(b) OF THIS SECTION, THE SURVIVING SPOUSE RECEIVES THE ENTIRE BENEFIT PURSUANT TO SUBSECTION (1) OR (2) OF THIS SECTION.

(7)IF A SURVIVOR BENEFIT IS PAYABLE FOR THE BENEFIT OF MORE THAN ONEDEPENDENTCHILDOFTHE MEMBER PURSUANTTOSUBSECTION (1) OR(2) OFTHIS SECTION ANDTHE DEPENDENTCHILDREN RESIDE IN SEPARATE HOUSEHOLDS FROM EACH OTHER, THE CHILDREN'S BENEFIT IS DIVIDED EQUALLY AMONG THE CHILDREN.

(8) IF A MEMBER DIES WHILE IN ACTIVE SERVICE AS THE DIRECTAND 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 OTHERWISE QUALIFIES FOR BENEFITS UNDER SUBSECTION (2) OF THIS SECTION, BUT FALLS WITHIN ONE OR MORE OFTHE EXCEPTIONS SPECIFIED IN SECTION 101 (h)(2) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AND LEAYES A SURVIVING SPOUSE OR DEPENDENTCHILDREN, ORBOTH, SAID SURVIVORS SHALL:

(a) RECEIVE BENEFITS AS ALLOWED UNDER SECTION 31-31-815;

OR (b) RECEIVE BENEFITS AS ALLOWED UNDER THE MEMBER'S NORMAL RETIREMENT PLAN.

[Similarto[Similar to former 31-31-808]31-31-808) Reduction ofofsurvivor survivor benefits.

(1) TTHE HE BENEFITS PAYABLE UNDER SECTIONS 31-31-815 AND 31-31-816 TO THE SURVIVING SPOUSE AND DEPENDENT CHILDREN OF ANY MEMBERMEMBER, ,WHOWHO AT THE TIME OF THE MEMBERMEMBER'S S DEATH WAS A MEMBER OF A MONEYPURCHASEPLANESTABLISHEDUNDERTHISARTICLEORARTICLEMONEYPURCHASEPLANESTABLISHEDUNDERTHISARTICLEORARTICLE30.5 30.5OF OFTHISTITLETHIS 31,INCLUDINGANYDEPARTMENTCHIEFTITLE ,WHOATTHETIMEOF31, THECHIEFINCLUDING SDEATHHADBEENEXEMPTEDFROMTHESTATEWIDERETIREMENTANY PLANASPERMITTEDBYSECTIONDEPARTMENTCHIEF, 31-31.5-203,AREREDUCEDBYANAMOUNTWHO AT THETIME OF THECHIEF'S DEATH HAD BEEN EXEMPTED FROMTHESTATEWIDE RETIREMENT PLAN AS PERMITTED BY SECTION 31-31.5-203, ARE REDUCED BYAN AMOUNT THAT IS THE ACTUARIAL EQUIVALENT OF THE BENEFITS SUCH SURVIVING SPOUSE AND DEPENDENT CHILDREN RECEIVE FROM THE MONEY PURCHASE PLANPLAN, WHETHERTHEBENEFITSRECEIVEDFROMTHEMONEYPURCHASEPLANWHETHERTHE BENEFITS RECEIVED FROMTHE MONEY PURCHASEPLAN ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.

NO SUCH REDUCTION SHALL EXCEED THE ACTUARIAL EQUIVALENT OF MONEY PURCHASE PLAN PAGEPA 26-SENATEG E 26-SEN A TE BILL 26-039 BENEFITS IF SUCH BENEFITS HAD BEEN FUNDED AT THE SAME RATE OF CONTRIBUTIONS SPECIFIED IN SECTION1-31.5-301.SECTION 31-31.5-301.

(2) THE BENEFITS PAYABLE UNDER SECTIONS 31-31-815 AND 31-31-816 TO THE SURVIVING SPOUSE AND DEPENDENT CHILDREN OF ANY MEMBER WHO ARE ALSO RECEIVING PAYMENTS FROM THE MEMBERMEMBER'S SSEPARATE SEPARATERETIREMENTACCOUNTPURSUANTTOSECTIONSRETIREMENTACCOUNT 31-31-412(1)(c)PURSUANTTO SECTIONS 31-31-412 (1)( c) AND 31-31.5-304(2)AREREDUCEDBYANAMOUNTTHATISTHEACTUARIAL31-31.5-304 (2)AREREDUCED BY AN AMOUNTTHATIS THE ACTUARIAL EQUIVALENT OF THE BENEFITS SUCH SURVIVING SPOUSE AND DEPENDENT CHILDREN RECEIVE FROM THE SEPARATE RETIREMENT ACCOUNTACCOUNT, ,WHETHERWHETHER THEBENEFITSRECEIVEDFROMTHEACCOUNTAREPAIDONAPERIODICBASISTHE BENEFITS RECEIVED FROM THE ACCOUNTARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.

(3) THE BENEFITS PAYABLE UNDER SECTIONS 31-31-815 AND 31-31-816 TO THE SURVIVING SPOUSE AND DEPENDENT CHILDREN OF ANY MEMBER WHO ARE ALSO RECEIVING PAYMENTS FROM A STATEWIDE OR LOCAL CCOLORADO OLORADO FIRE OR POLICE DEFINED BENEFIT PENSION PLAN ARE REDUCED BY THE AMOUNT OF THE DEFINED BENEFIT PAYMENTS TO BE RECEIVEDRECEIVED. .

EXCEPT AS OTHERWISE PROVIDED IN SECTION 31-31-815 (2)ANY(2), ANY BENEFIT PROVIDED IN ACCORDANCE WITH THIS PART 8 TO A SURVIVING SPOUSE TERMINATES UPON THE DEATH OF THE SURVIVING SPOUSE.ESPOUSE. XCEPT ASOTHERWISEPROVIDEDINSECTION 31-31-815(2),ANYBENEFITPROVIDED IN ACCORDANCE WITH THIS PART 8 TO A DEPENDENT CHILD TERMINATES UPON THE DEATH OF THE DEPENDENT CHILD OR THE TERMINATION OF DEPENDENCY OF THE DEPENDENT CHILD .

EXCEPT AS OTHERWISEPROVIDED INSECTION 31-31-815 (2), ANY BENEFITPROVIDED IN ACCORDANCE WITH THIS PART 8 TO A DEPENDENT CHILD TERMINATES UPON THE DEATH OF THE DEPENDENT CHILD OR THE TERMINATION OF DEPENDENCY OF THE DEPENDENT CHILD.

[Similar to former 31-31-811] Funding ofofdeath death and disability benefits.

(1) FORMEMBERSWHODIEORAREDISABLEDONORAFTERFOR JANUARYMEMBERS WHO DIEORARE DISABLEDON ORAFTERJANUARY 1, 1980THE1980, THE DEATH AND DISABILITY BENEFITS PROVIDED TO ANY MEMBER PURSUANT TO THIS PART 8IS8 IS PAID FOR BY STATE MONEY TRANSFERRED TO THE FIRE AND POLICE MEMBERSMEMBERS' 'BENEFITBENEFIT INVESTMENT FUND CREATED BY SECTION 31-31-301 (1)(aSUBJECT(l)(a)SUBJECT TO THE LIMITATIONS IMPOSED BY THIS SECTION.

MMONEY ONEY IN THE DISABILITY AND DEATH BENEFITS TRUST FUND PAGEPA G E 27-SENATE BILL 26-039 CREATED BY SECTION 31-31-821 SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THE PAYMENT OF THE DEATH AND DISABILITY BENEFITS ESTABLISHED BY THIS PART 8.

(2) THE BOARD SHALL SUBMIT AN ANNUAL ACTUARIAL VALUATION REPORT DATED JANUARY 1 OF THE YEAR IN WHICH THE REPORT IS SUBMITTEDSUBMITTED, , REGARDING THE BENEFIT LIABILITIES ACCRUED UNDER THIS PART 8 TO THE STATE AUDITORAUDITOR, ,THETHE LEGISLATIVE AUDIT COMMITTEECOMMITTEE, ,ANDAND THEJOINTBUDGETCOMMITTEEOFTHEGENERALASSEMBLYTHEJOINTBUDGETCOMMITTEEOFTHEGENERALASSEMBLY,TOGETHER ,TOGETHERWITHWITH ANY RECOMMENDATIONS CONCERNING SUCH LIABILITIES AS ACCRUEDACCRUED. .

(3)(a)(3) TOENSURETHATTHEREISSUFFICIENTMONEYTOPAYDEATH(a)T o ENSURETHATTHERE IS SUFFICIENT MONEY TO PAY DEATH AND DISABILITY BENEFITS FOR MEMBERS HIRED BEFORE JANUARY 1,1,1997, 1997, THE STATE TREASURER SHALL ISSUE WARRANTS TO THE FIRE AND POLICE PENSION ASSOCIATION ON JULY 1,1,2022, 2022,ANDAND JULY 1,1,2023, 2023,ININ AN AMOUNT EQUAL TO SIX MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS FOR EACH WARRANT ANDON ULYJULY 1,2025, ANDEVERYAND EVERY JULY 11THEREAFTERTHROUGH THEREAFTERTHROUGH JULY 1,1,2059, 2059,ININ AN AMOUNT EQUAL TO TWO MILLION FIFTY THOUSAND DOLLARSFOREACHWARRANTDOLLARS .THEWARRANTISSUEDONFOREACH JULYWARRANT. 1,2022,ISTO BE PAID FROMTHE GENERALFUND ,ANDTHE REMAININGWARRANTSARE TO BE PAID FROM THE DEATH AND DISABILITY PAYMENT CASH FUND CREATED IN SUBSECTION (3)(b)OF THIS SECTION.

THE BOARDWARRANT SHALLISSUEDON DEPOSITJULY THIS1,2022, MONEYINTHESTATEWIDEISTO DEATHANDDISABILITYTRUSTBE FUNDCREATEDINPAID SECTIONFROM 31-31-821.THE GENERAL FUND, AND THE REMAINING WARRANTS ARE TO BE PAID FROM THE DEATH AND DISABILITY PAYMENT CASH FUND CREATED IN SUBSECTION (3)(b) OF THIS SECTION.

(b)(I) THEDEATHANDDISABILITYPAYMENTCASHFUNDISCREATED IN THE STATEBOARD TREASURYSHALL .THEDEPOSIT FUNDTHIS CONSISTS OF MONEY TRANSFERREDINTHE TOSTATEWIDE THEDEATH FUNDAND INDISABILITY ACCORDANCETRUST WITHFUND SUBSECTIONSCREATED (3)(b)(IIANDIN (3)(b)(IIIOFSECTION THIS31-31-821. SECTION.

N(b)(I)THE ACCORDANCEDEATH WITH SECTION 24-36-114 (1),THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOMEDISABILITY DERIVEDPAYMENTCASH FROMFUND THEISCREATED DEPOSIT AND INVESTMENT OF MONEY IN THE FUNDSTATE TOTREASURY. THE GENERAL FUND .

THE STATEFUND TREASURERCONSISTS SHALLOF USE THE MONEY INTRANSFERRED TO THE FUND FORIN THEACCORDANCE WARRANTSWITH ISSUEDSUBSECTIONS ON(3)(b JULY)(IIAND 1,(3)(b)(IllOF 2023, JULY 1, 2025,AND EVERY JULY 1 THEREAFTERTHROUGH ULY 1,2059, INACCORDANCEWITHSUBSECTION (3) OF THIS SECTION.

(II)IN ONACCORDANCE JULYWITH 1,SECTION 2022THE24-36-114 (1),THE STATE TREASURER SHALL TRANSFERCREDIT SIXALL MILLIONSIXHUNDREDFIFTYTHOUSANDDOLLARSFROMTHEGENERALFUNDINTEREST TOAND THEINCOME DEATHDERIVED ANDFROM DISABILITYTHE PAYMENTDEPOSIT CASHAND FUNDINVESTMENT CREATEDOF MONEY IN SUBSECTIONTHE (3)FUND OFTO THISTHE SECTIO.GENERAL FUND.

PAGETHE 28-SENATESTATE BILLTREASURER 26-039SHALL (III)USE ONJULYTHE 1,MONEY 2025,ANDIN EVERYTHE JULYFUND 1FOR THEREAFTERTHE THROUGHWARRANTS JULYISSUED 1,2059,THEON STATEJULY TREASURER1,2023, SHALLJULY TRANSFER1, TWO2025, MILLIONAND FIFTYEVERY THOUSANDJULY DOLLARS1 FROMTHEREAFTERTHROUGH THEJULY GENERAL1, FUND2059, TOINACCORDANCE THEWITH DEATHSUBSECTION AND(3) DISABILITYOF PAYMENT CASH FUND CREATED IN SECTION (3)(b)(IOF THIS SECTION.

(4)(II)ON FORJULY EACH1, MEMBER2022, HIRED ON OR AFTER ANUARY 1,1997, WHO IS ELIGIBLE FOR THE DEATHSTATE ANDTREASURER DISABILITYSHALL COVERAGETRANSFER PROVIDEDSIX BYMILLION THISSIX PARTHUNDRED 8,AFIFTYTHOUSAND CONTRIBUTIONDOLLARS SHALLFROMTHE BEGENERAL MADEFUND TO THE DEATH AND DISABILITY ACCOUNTPAYMENT INCASH THE FUND FORCREATED THE YEAR 2021 IN ANSUBSECTION AMOUNT(3) NOT GREATER THANTHREEPERCENTOFTHEMEMBER SSALARY .T HEREAFTER THEBOARD , BASED ON AN ANNUAL ACTUARIAL VALUATION , MAY ADJUST THE CONTRIBUTIONRATEEVERYYEAR ,BUTINNOEVENT MAYTHEADJUSTMENT FOR ANY ONE YEAR PERIOD EXCEED TWO -TENTHS OF ONETHIS PERCENTSECTION. OF THE MEMBER S SALARY .

NYPA EMPLOYERG E 28-SEN A TE BILL 26-039 (Ill)ON JULY 1, 2025, AND ANYEVERY LOCALJULY PENSION1 BOARDTHEREAFTER ORTHROUGH AUTHORITYJULY SHALL1,2059, PROVIDETHE SUCHSTATE INFORMATIONTREASURER ASSHALL MAYTRANSFER BETWO REQUIREDMILLION BYFIFTY THOUSAND DOLLARS FROM THE BOARDGENERAL INORDERFUND TO COMPLETE THE ANNUALACTUARIALVALUATIONSDEATH .AND DISABILITY PAYMENT CASH FUND CREATED IN SECTION (3)(b)(I) OF THIS SECTION.

THE(4) ACTUARYfOREACHMEMBERHIREDONORAFTERJANUARY APPOINTED1, BY1997, WHO IS ELIGIBLE FOR THE BOARDDEATH MAYAND USEDISABILITY EITHERCOVERAGE THEPROVIDED ENTRYBY AGETHIS NORMALPART COST8,A METHODCONTRIBUTION ORSHALL BE MADE TO THE AGGREGATEDEATH COSTAND METHODDISABILITY FORACCOUNT PURPOSESIN OFTHE FUND FOR THE STUDYYEAR REQUIRED2021 BYIN THISAN SUBSECTIONAMOUNT (4).NOT GREATER THANTHREE PERCENTOFTHE MEMBER'S SALARY.

ANYTHEREAFTER,THE UNFUNDEDBOARD, ACCRUEDBASED LIABILITYON SHALLAN BEANNUAL FUNDEDACTUARIAL OVERVALUATION, AMAY PERIODADJUST NOTTHE TOCONTRIBUTION RATE EVERY YEAR, BUT IN NO EVENT MAY THE ADJUSTMENT FOR ANY ONE-YEAR PERIOD EXCEED THIRTYTWO-TENTHS YEARSOF .ONE PERCENT OF THE MEMBER'S SALARY.

THEANY ACTUARIALEMPLOYER STUDYAND SHALLANY NOTLOCAL INCLUDEPENSION ANYBOARD CONSIDERATIONOR OFAUTHORITY ASHALL COSTPROVIDE OFSUCH LIVINGINFORMATION ADJUSTMENTAS TOMAY BENEFITSBE AWARDEDREQUIRED TOBY MEMBERSTHE WHOBOARD AREIN OCCUPATIONALLYORDERTO DISABLEDCOMPLETE .THE ANNUAL ACTUARIAL VALUATIONS.

PAYMENTSTHE SHALLACTUARY BEAPPOINTED MADE BY THE EMPLOYERBOARD ANDMAY AREUSE DUEEITHER NOTHE LATERENTRY THANAGE-NORMAL TENCOST DAYSMETHOD FOLLOWINGOR THE DATEAGGREGATE OFCOST PAYMENTMETHOD OFFOR SALARYPURPOSES TOOF THE MEMBERSTUDY .REQUIRED BY THIS SUBSECTION ( 4).

THEANY PAYMENTSUNFUNDED REQUIREDACCRUED BYLIABILITY THISSHALL SECTIONBE AREFUNDED SUBJECTOVER TOA INTERESTPERIOD IF NOT SUBMITTEDTO WHENEXCEED DUETHIRTY .YEARS.

A NY DECISION REGARDING WHETHER THE CONTRIBUTIONACTUARIAL REQUIREDSTUDY BY THIS SUBSECTION (4)ARE ASSESSED AGAINST THE EMPLOYER OR THE MEMBER ,OR SHALL INNOT SOMEINCLUDE MANNERANY BECONSIDERATION ASSESSEDOF JOINTLYA AGAINSTCOST THEOF EMPLOYERLIVING ANDADJUSTMENT THETO MEMBERBENEFITS ,WILLAWARDED BETO MADEMEMBERS ATWHO THEARE LOCALOCCUPATIONALLY LEVELDISABLED. USING THE USUAL PROCESS FOR DETERMINING EMPLOYEE BENEFITS.

IFPAYMENTS ITSHALL ISBE NOTMADE ALREADYBY PARTTHE OFEMPLOYER THEAND USUALARE PROCESSDUE FORNO DETERMININGEMPLOYEEBENEFITSLATER ,THEEMPLOYERSHALLCONFERWITHTHETHAN EMPLOYEESORTHEIRREPRESENTATIVEPRIORTOMAKINGADETERMINATIONTEN ONDAYS HOWFOLLOWING THE CONTRIBUTIONDATE WILLOF BEPAYMENT ASSESSEDOF .SALARY TO THE MEMBER.

THE PAYMENTS REQUIRED BY THIS SECTION ARE SUBJECT TO INTEREST IF NOT SUBMITTED WHEN DUE.

ANY DECISION REGARDING WHETHER THE CONTRIBUTION REQUIRED BY THIS SUBSECTION (4)ARE ASSESSED AGAINST THE EMPLOYER OR THE MEMBER, OR SHALL IN SOME MANNER BE ASSESSED JOINTLY AGAINST THE EMPLOYER AND THE MEMBER, WILL BE MADE AT THE LOCAL LEVEL USING THE USUAL PROCESS FOR DETERMINING EMPLOYEE BENEFITS.

IF IT IS NOT ALREADY PART OF THE USUAL PROCESS FOR DETERMINING EMPLOYEE BENEFITS, THE EMPLOYERSHALLCONFERWITH THE EMPLOYEES ORTHEIR REPRESENTATIVE PRIORTO MAKINGADETERMINATION ON HOW THE CONTRIBUTION WILL BE ASSESSED.

PAGEPA 29-SENATEG E 29-SEN A TE BILL 26-039 (1)( AUTHORIZEDLEAVEOFABSENCEINCLUDESLEAVEFORMILITARY1) AUTHORIZED LEAVEOFABSENCE INCLUDES LEAVEFORMILITARY SERVICE AS ALLOWED BY THE BOARDBOARD. .

HETHE BOARD SHALL ADOPT RULES REGARDING AUTHORIZED LEAVE OF ABSENCE FOR MILITARY SERVICESERVICE, ,INCLUDING, INCLUDINGBUT ,BUT NOT LIMITED TO:

(a)(a)LIMITS LIMITSONTHELENGTHOFTHETERMOFTHELEAVEON OFABSENCETHE ;LENGTH OFTHE TERM OFTHE LEAVE OF ABSENCE;

(b) AASSESSMENT SSESSMENT OF COSTS FOR COVERAGE DURING THE LEAVE OF ABSENCEABSENCE; ;AND (c) ANY OTHER MATTER THAT THE BOARD DEEMS NECESSARY FOR COVERAGE UNDER THE STATEWIDE DEATH AND DISABILITY PLAN .

(2)AND THEBENEFITSPAYABLETOTHEMEMBER(c) ,THESURVIVINGSPOUSEANY OFTHEMEMBEROTHER ANDTHEDEPENDENTCHILDRENOFTHEMEMBERPURSUANTMATTER TO THIS PART 8 ARE REDUCED BY AN AMOUNT THAT IS THE ACTUARIALBOARD EQUIVALENTDEEMS OFNECESSARY ANYFOR MILITARYCOVERAGE BENEFITUNDER RECEIVED AS A RESULT OF THE STATEWIDE DEATH ORAND DISABILITY OFPLAN. A MEMBER WHILE ON AUTHORIZED LEAVE FOR MILITARY SERVICE WHETHER THE BENEFITS ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.

(2) THE BENEFITS PAYABLETOTHE MEMBER,THESURVIVING SPOUSE OFTHE MEMBER, ANDTHE DEPENDENTCHILDREN OFTHE MEMBER PURSUANT TO THIS PART 8 ARE REDUCED BY AN AMOUNT THAT IS THE ACTUARIAL EQUIVALENT OF ANY MILITARY BENEFIT RECEIVED AS A RESULT OF THE DEATH OR DISABILITY OF A MEMBER WHILE ON AUTHORIZED LEAVE FOR MILITARY SERVICE WHETHER THE BENEFITS ARE PAID ON A PERIODIC BASIS OR IN A LUMP SUM.

(1)( 1) THERE IS CREATED A DISABILITY AND DEATH BENEFITS TRUST FUND WITHIN THE ASSOCIATION INTO WHICH CONTRIBUTIONS FOR DEATH AND DISABILITY BENEFITSBENEFITS, , INCLUDING STATE CONTRIBUTIONS MADE PURSUANTTOSECTIONPURSUANTTO 31-31-819AREDEPOSITEDSECTION .THEBENEFITSPROVIDED31-31-819 BYARE THISDEPOSITED. PART 8,TOGETHER WITH THE EXPENSES OF ADMINISTERING SAID PART,ARE PAID FROM THE FUND .

(2) T HE ASSETS OF THE DISABILITY AND DEATH BENEFITS TRUSTPROVIDED FUNDBY SHALLTHIS BEPART INVESTED8, INTOGETHER WITH THE FIREEXPENSES ANDOF POLICEADMINISTERING MEMBERSSAID 'PART, BENEFITARE INVESTMENTPAID FUNDFROM .THE FUND.

(2) THE ASSETS OF THE DISABILITY AND DEATH BENEFITS TRUST FUND SHALL BE INVESTED IN THE FIRE AND POLICE MEMBERS' BENEFIT INVESTMENT FUND.

IF A MEMBER REFUSES TO SUBMIT TO A MEDICAL EXAMINATION REQUIREDBYTHEREQUIRED ASSOCIATIONANDAUTHORIZEDBYTHISPARTBY 8,FAILSTOTHE PAGEASSOCIATION 30-SENATEAND AUTHORIZED BY THIS PART 8, FAILS TO PA G E 30-SEN A TE BILL 26-039 PROVIDE INFORMATION NECESSARY FOR THE ASSOCIATION TO ASSESS ELIGIBILITY ORORCONTINUING CONTINUING ELIGIBILITY FORFORBENEFITS, BENEFITSOROBSTRUCTSOROBSTRUCTSTHE THEASSOCIATIONFROMRECEIVINGSUCHNECESSARYINFORMATION,ALLRIGHTS ASSOCIATIONFROMRECEIVINGSUCHNECESSARYINFORMATION ,ALLRIGHTS TO COLLECT OR TO BEGIN OR MAINTAIN ANY PROCEEDING FOR THE COLLECTION OFOFBENEFITS BENEFITS PURSUANT TO THIS PART 88ARE ARESUSPENDED, SUSPENDEDAND ,ANDALL ALLRIGHTSRIGHTS TOBENEFITSTHATTOBENEFITSTHATACCRUE ACCRUEAND ANDBECOMEBECOMEPAYABLE PAYABLE DURINGTHE PERIOD OF SUCH REFUSAL OR OBSTRUCTION ARE BARREDBARRED. .

FIF THE MEMBER CONTINUESTOREFUSETOSUBMITTOTHEEXAMINATIONORTOPROVIDETHECONTINUESTOREFUSETOSUBMITTOTHEEXAMINATION ORTOPROVIDETHE ADDITIONAL INFORMATION AFTER DIRECTION BY THE ASSOCIATION OR ITS HEARINGOFFICERORINANYWAYOBSTRUCTSTHESAMEHEARINGOFFICERORINANYWAY ,THEBOARDSHALLOBSTRUCTSTHE SAME, THEBOARD SHALL TERMINATE THE BENEFITBENEFIT. .

TTHE HE 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 PLANPLAN. .

In Colorado Revised Statutes,Statutesamend amend 31-31-101 as follows:

The general assembly hereby declares that the establishment ofo f police officers' and firefighters' pension plans in this state is a matter ofo statewideconcernthataffectsthepublicsafetyandgeneralwelfare,thatthef statewide concern that affects the public safety and general welfare, that the ability ofo f pension funds to pay earned benefits to present and future membersisanecessarycorollarytotheestablishmentofpensionplans,andmembers is anecessary corollary to the establishment o fpension plans, and that statewide pension plans establishing pension benefits that can be fully funded with local moneys willw ill permit the continuation ofo pensionfpension plans for police officers and firefighters in this state.

In addition, the general assemblydeclaresassembly declares that anypensionany pension plan must be actuariallysoundactuarially insouorder order to assure the security ofo f the pension system and that this article is enacted to provide for the stability and security ofo f police officers' and firefighters' pension plans in this state.

The general assemblyfurtherassembly further declares that state moneys MONEY provided to municipalities, fire protection districts, and county improvement districts do not constitute a continuing obligation ofo thestatetoparticipateintheongoingnormalcostsofpensionplanbenefits,f the state to participate in the ongoing normal costs o fpensionplan benefits, PAGE 31-SENATE BILLB ILL 26-039 except for state funding of death and disabilityRETIREMENTdisability RETIREMENT benefits as specified in this article, but are provided in recognition that the local governments are currently burdened with financial obligations relating to pensionsinexcessofpensions theirpresentfinancialcapacities.Itistheintentofthe general assembly in providingexcess stateoftheirpresentfinancial moneyscapacities. MONEY to assist the local governments that state participation decrease annually, terminating at the earliest possible date.

SECTION3.It isthe intent ofthe general assembly in providing state moneys MONEY to assist the local governments that state participation decrease annually, terminating at the earliest possible date.

InColoradoRevisedSECTION Statutes,31-31-102,amend(2)3. as follows:

In Colorado Revised Statutes, 31-31-102, amend (2) as follows:

"B"BOARD" OARD " INCLUDES REPRESENTATIVES OF THE ASSOCIATIONASSOCIATIONASDELEGATEDBYTHEBOARD. AS DELEGATED BY THE BOARD .

In Colorado Revised Statutes, 31-31-202, amend (1)(c)(l)(c) and (1)(j);(l)U);

add (1)(l);(1)(1);

andandadd add with amended and relocated provisions (1)(m)(l)(m) as follows:

(c) EstablishcriteriaforthedeterminationofdisabilitytoadministerEstablish thecriteriafor provisionsthedeterminationofdisabilityto ofadminister sectionthe 31-31-803PARTprovisions 8ofsection OF31-31-803 THISPART8OFTHISARTICLE31; ARTICLE 31;

(j)U) Promulgate ADOPTADOPTsuch suchrulesasmaybenecessarytoimplementrules theprovisionsofthisarticleas ARTICLEmay 31,andarticle30.5,be ANDARTICLEnecessary 31.5to ofimplement thisthe titleTLEprovisions 31;ofthis articleARTICLE31,and article 30.5,ANDARTICLE31.5 ofthis title TITLE31;

(l)(1) DDELEGATE ELEGATE ANY AUTHORITY TO THE EXECUTIVE DIRECTORDIRECTOR, ,OFFICERS,COMMITTEES,OROTHERCONTRACTORSASITDEEMSAPPROPRIATE OFFICERSFORTHEADMINISTRATIONOFTHEPLANS; ,COMMITTEES ,OROTHERCONTRACTORSASITDEEMSAPPROPRIATE FOR THE ADMINISTRATION OF THE PLANS ;

(m) [Formerly 31-31-202 (2)] The board has the sole power to PAGE 32-SENATE BILL 26-039 Determine eligibility for retirement for disability, whether total or occupational,foranypoliceofficerorfirefighterinthisstatewhetherornotoccupational, for anypolice officeror firefighter inthis statewhetherornot such member is covered by the provisions ofofthis this article, IN ACCORDANCE WITH THE RULES ADOPTED BY THE BOARD PURSUANT TO SUBSECTION (1)(j)( 1)G) OF THIS SECTIONSECTION, , except for the following:

(II) Except as providedprnvided inir1this this subsection (2), the final power to determine disability status is vested in the board, but each employer shall determinedeternrine whetherwhethet positions areate available forfut disabled membersmembets and shall make such appointments to such positions as it deems necessary.

(2) (a) The boardboatd has the sole powerpowet to determinedeternrine eligibility forf-or retirement1eti1ement forf-or disability, whether total orOI occupational, forf-or any police officerorfirefighterinthisstatewhetherornotsuchofficet 01firefighter in this state whether or not such member is covered by the provisionspmvisions ofofthis this article, except for the following:following.

(I) Those police officers and firefightersfitefighters having social securityseemicy coverage and not affiliated as to disability;disability, and (II) Those police officers and firefighters whose employers have established exempt alternative pension plans, including exempt alternative defined benefit plans that are administered on an actuarially sound basis, based upon assumptions and nrethodology adopted by the board f-or statewide use, on 01 before Deceinber 1, 1978, in accordance with the pmvisions of part 8 of article 30.5 of this title, unless such plans have elected to become covered under the statewide death and disability plan pmsuant to section 31-31-802 (l).

andPAGE (II)33-SENATE ThoseBILL police26-039 officers(b) andExcept firefightersas whoseprnvided employersin havethis establishedsubsection exempt(2), alternativethe pensionfinal plans,power includingto exemptdetermine alternativedisabiliey definedstatus benefitis plansvested thatin arethe administeredboard, onbut aneach actuariallyemployer soundshall basis,determine basedwhether uponpositions assumptionsate andavailable methodology adopted by the board for statewidedisabled use,mernbers onand orshall beforemake December 1, 1978, in accordance with the provisions of part 8 of article 30.5 of this title, unless such plansappointments have elected to becomesuch coveredpositions underas theit statewidedeems deathnecessary. and disability plan pursuant to section 31-31-802 (1).

PAGE 33-SENATE BILL 26-039 (b) Except as provided in this subsection (2), the final power to determine disability status is vested in the board, but each employer shall determine whether positions are available for disabled members and shall make such appointments to such positions as it deems necessary.

(6) (b) (IV) If members who have made such an election die or become disabledpriortoterminationofdisabled employment,priorto termination ofemployment, neither theynorthey nor their survivors shall be eligible for benefits under the statewide retirement plan, but rather they shall be limited to those benefits provided in sections 31-31-803, 31-31-807, and 31-31-807.5 PART 8 OF THIS ARTICLE 31.

(3) AdepartmentchiefexemptedA FROMTHESTATEWIDERETIREMENTdepartmentchiefexempted FROMTHESTATEWIDE RETIREMENT PLAN pursuant to subsection (1) ofofthis this section may maintain coverage for disability and survivor benefits under part 8 of article 31 ofofthis this title 31 if thedepartmentchiefthe participatesinthestatewidemoneypurchaseplan.thedepartment statewidechiefparticipates retirementin plan, or a local money purchase plan that is qualified under section 401 (a) of the federalstatewide "Internalmoneypurchaseplan. Revenue Code of 1986" and that has a contribution rate of not less than eighteen percent SECTION 7.

the statewide retirement plan, or a local tnoney purchase plan that is qualified under section 401 (a) ofthe federal "Internal Re'\ienue Code of 1986" and that has a contribution rate ofnot less than eighteen percent SECTION 7.

(b) The member has attained age fifty, the member's combined age and years of accrued service is equal to at least eighty, and the member is not receiving benefits pursuantpursuantto to section 31-31-803ART31-31-803 8OFARTICLEPART 8OF ARTICLE 31 PAGE 34-SENATE BILL 26-039 OF THIS TITLE 31.

(4) An active or inactive vested member who is not eligible for normal retirement, who has attained age fifty, who is not receiving or has terminatedbenefitspursuanttosection31-31-803terminated benefits pursuantto section31-31-803 PART 88OF OFARTICLEARTICLE 31 OF THIS TITLE 31, and who has terminated employment is eligible for an early retirementpension.Theearlyretirementpensionforamemberisthebenefitretirementpension. that the member would have received at age fifty-five reduced on an actuarial equivalent basis to reflect the early receipt of the benefit as determined by the board.

Theearlyretirementpension for amemberis thebenefit that the member would have received at age fifty-five reduced on an actuarial equivalent basis to reflect the early receipt of the benefit as determined by the board.

InColoradoRevisedStatutes,33-4-104.5,amend(2)In ColoradoRevised Statutes, 33-4-104.5, amend (2) as follows:

(2) For purposes ofofthis this section, "first responder with a permanent occupational disability" means an individual who is a resident, as defined in section 33-1-102 (38), and:

(a) IsaretiredmemberofIs thefireandpolicepensionassociation,asaretired definedinsection31-31-102(6),whohasestablishedtothedivisionthathemember ofthe fire and policepension association, as defined insection31-31-102 (6), who has establishedto the division thathe or she has been found to have, as the result of an injury received while performing official duties or an occupational disease arising out of and in the course of performing official duties, a permanent occupational disability, as defined in section 31-31-801 (3.2)TION(3.2SECTION 31-31-802, bytheby the fire and police pension association;

or (b) Servedasapeaceofficer,asdefinedinsection16-2.5-101,orasServed as a peace officer, as defined in section 16-2.5-101, or as a firefighter, as defined in section 29-5-203(10),andhas29-5-203 (10), and has established to the division that he or she has, as the result of an injury received while performing official duties or an occupational disease arising out of and in thecourseofperformingofficialduties,apermanentoccupationaldisabilitythecourseofperformingofficial duties, apermanentoccupational disability as defined in section 31-31-801 (3.2)SECTION(3.2) SECTION 31-31-802.

on the day following the expiration of the ninety-dayperiodninety-day period after final adjournment ofofthe the general assembly(Augustassembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a PAGE 35-SENATE BILL 26-039 referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestatereferendumpetition is filed pursuantto section 1(3) ofarticle V ofthe state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedbythepeopleatthegeneralelectiontobeheldinNovember2026approved bythe people at the general electionto be held inNovember 2026 and, in such case, will take effect on the date ofofthe the official declaration of the vote thereon by the governor.

____________________________ ____________________________ James Rashad Coleman, Sr.

Juliecch~ McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik VanessaVanessemy Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________APPROVED OV\ M°"'~(,\'1 ~ f(d "t~ lifU p °'-t \l:000\'W'I (Date and Time) _________________________________________ Jared S.

PolisP GOVERNORGOVERN OF THE STATE OF COLORADO PAGE 36-SENATE BILL 26-039