Review of award of benefits and benefit payments
(1)At any time, the board may review an award of benefits or a benefit payment under any benefit plan in the defined benefit system, the statewide money purchase plan, or the statewide death and disability plan for the purpose of determining whether there has been fraud, an overpayment, an error, or a mistake.
(2)At any time, the board may review a benefit payment under any benefit plan or compensation plan other than the plans identified in subsection (1) of this section that the board administers for the purpose of determining whether there has been an overpayment, an error, or a mistake.
(3)Based upon a preponderance of the evidence from the review authorized by this section, the board:
(a)May determine that a benefit payment be terminated, diminished, maintained, or increased;
(b)May order a member or beneficiary to repay any overpayments made on or after five years prior to the date of the first notice of overpayment issued by the fire and police pension association; or
(c)Shall order the termination of benefits and the repayment of any past benefits paid to a member or beneficiary where the board finds that the benefits were granted based on false representations or a willful failure to disclose a material fact.
(4)The board shall adopt rules establishing procedures for the review of benefits and payments. The board may delegate the review pursuant to the rules. Any rules established by the board shall provide that a member or beneficiary shall have the opportunity to appeal any adverse action to the board for a final determination.
(5)Any appeal of a final determination by the board shall be in accordance with rule 106 (a)(4) of the Colorado rules of civil procedure.
Section 31-31-1201 — Review of award of benefits and benefit payments,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-31.pdf (accessed Oct. 20, 2023).