C.R.S. Section 31-31-1202
Collection of overpaid benefits


(1)

The board shall institute practices and procedures as it deems necessary to collect money due a plan administered by the fire and police pension association as determined in section 31-31-1201, including but not limited to withholding subsequent benefit payments to which the member or beneficiary is or becomes entitled, applying the amount withheld as an offset against the amount due, and referring an account to a collection agency or attorney for collection. If, after due notice, any member or beneficiary defaults in any repayment of overpaid benefits, the amount due may be collected by civil action, which shall include the right of attachment in the name of the association. The board may allow installment payments of amounts due based on equitable considerations.

(2)

Reasonable fees for collection, including attorney fees, as determined by the fire and police pension association, shall be added to the amount of debt. The debtor shall be liable for repayment of the total of the amount outstanding plus the collection fee.

(3)

A certified copy of any final determination of the board ordering the repayment of overpayments pursuant to this article may be filed with the clerk of the district court of any judicial district in this state at any time after the period provided for appeal or seeking review of the order has passed without appeal or review being sought or, if appeal or review is sought, after the order has been finally affirmed and all appellate remedies and all opportunities for review have been exhausted. The fire and police pension association shall at the same time file a certificate to the effect that the time for appeal or review has passed without appeal or review being undertaken or that the order has been finally affirmed with all appellate remedies and all opportunities for review having been exhausted. The clerk of the district court shall record the order and the association’s certificate in the judgment book of said court and entry thereof made in the judgment docket, and it shall thereafter have all the effect of a judgment of the district court, and execution may issue thereon out of said court as in other cases. Any such order may be filed by and in the name of the association.

Source: Section 31-31-1202 — Collection of overpaid benefits, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑31‑101
Legislative declaration
31‑31‑102
Definitions
31‑31‑201
Association - creation - board - organization - tax exemption
31‑31‑202
Powers and duties of the board
31‑31‑203
Fund not subject to levy
31‑31‑204
Defined benefit system
31‑31‑205
Confidentiality of members’ protected personal information
31‑31‑301
Investment funds - creation
31‑31‑302
Fund - management - investment - definitions
31‑31‑303
Fire and police members’ self-directed investment fund - management - investment
31‑31‑401
Applicability of plan
31‑31‑412
Merger into the statewide retirement plan
31‑31‑501
Withdrawal into statewide money purchase plan
31‑31‑502
Statewide money purchase plan - creation - management
31‑31‑602
Withdrawn local alternative pension plans - investment authority
31‑31‑701
Affiliation by old hire pension plans
31‑31‑704
Optional affiliation by social security employers
31‑31‑704.5
Entry for social security employers
31‑31‑705
Affiliation by volunteer pension plans
31‑31‑706
Affiliation by exempt defined benefit pension plans
31‑31‑707
Multiple plan employers
31‑31‑708
Optional affiliation by county sheriff
31‑31‑801
Definitions
31‑31‑802
Coverage
31‑31‑803
Retirement for disability
31‑31‑804
Reduction of disability benefits - definitions
31‑31‑805
Change in disability status - reexamination
31‑31‑806
Disqualification upon reemployment
31‑31‑806.5
Disability benefits - on-duty
31‑31‑807
Death of member - survivor benefits
31‑31‑807.5
Death of member - line-of-duty - survivor benefits
31‑31‑808
Reduction of survivor benefits
31‑31‑809
Termination of benefits
31‑31‑810
Employer liability - statewide standard health history form
31‑31‑811
Funding of death and disability benefits
31‑31‑812
Military leave of absence
31‑31‑813
Statewide death and disability trust fund - created
31‑31‑814
Suspension and termination of benefits for noncompliance
31‑31‑815
Amendment of plan provisions
31‑31‑901
Deferred compensation plan - definitions
31‑31‑902
Group health insurance plans
31‑31‑903
Group life insurance plans
31‑31‑904
Statewide health-care defined benefit plan - definitions
31‑31‑1101
Entry into the fire and police pension association defined benefit system
31‑31‑1104
Merger into the statewide retirement plan
31‑31‑1201
Review of award of benefits and benefit payments
31‑31‑1202
Collection of overpaid benefits
31‑31‑1203
False statement - felony
Green check means up to date. Up to date

Current through Fall 2024

§ 31-31-1202’s source at colorado​.gov