C.R.S. Section 31-31-701
Affiliation by old hire pension plans


(1)

Any employer may elect affiliation with the association relating to an old hire fire or police pension plan that it has established pursuant to article 30.5 of this title by filing with the board a resolution approved as to form by the fire and police pension association and adopted by the employer. The effective date of affiliation must be mutually agreed upon by the employer and the association.
(2)(Deleted by amendment, L. 2014.)(3) On the effective date of affiliation pursuant to this section, the assets of the old hire pension plan shall be transferred to the trust fund created by subsection (6) of this section. The amount of the transfer must equal the market value of such assets at the close of business on date of affiliation. Upon affiliation and the transfer of assets to the fund, benefits due pursuant to the old hire plan shall be paid by the association from the assets of the plan.

(4)

An eligible employer may request of the board, prior to filing a resolution of affiliation, an estimate of the employer’s contribution rate necessary to comply with the contribution requirements established by subsection (5) of this section.

(5)

An employer that affiliates pursuant to this section shall annually contribute an amount approved by the board, upon advice of its actuary, to pay the normal cost plus amortize the unfunded past service liability attributed to old hire members hired prior to April 8, 1978, over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund’s members.

(6)

There is hereby created the old hire plan members’ benefit trust fund that consists of the assets of old hire plans administered and managed by the board pursuant to this section. The board shall keep an accurate account of each such individual old hire plan.

(7)

Intentionally left blank —Ed.

(a)

The fire and police pension association has the following responsibilities for affiliated plans:

(I)

Investing the assets of the plan, including determining the allocation of assets;

(II)

Collecting and accounting for contributions to the plan;

(III)

Distributing benefits provided under the plan as directed by the employer or its agent and issuing tax forms and filing tax reports regarding distributions;

(IV)

Conducting actuarial valuations and audits of the plan as are required by statute or by regulatory bodies;

(V)

Maintaining records and reporting the investments, assets, and benefits of the plan as required by statute or by regulatory bodies;

(VI)

Authorizing the payment of expenses of the plan from the assets of the plan. Any expenses that are incurred by the association which are directly related to the association’s administration of the plan shall be paid from that plan’s assets. Any expenses that are incurred by the association which are attributable to more than one plan administered by the association shall be allocated to each plan on an equitable basis as determined by the association. The allocated expense shall be paid from the assets of each plan.

(VII)

Taking such other actions as may be allowed or required by statute.

(b)

The local old hire pension board has the following responsibilities for an affiliated plan:

(I)

Establishing eligibility for and the amount of benefits to be received by members and beneficiaries of the plan, including but not limited to determination of base salaries, years of service under the plan, marital status, and continuing eligibility of members and survivors;

(II)

Maintaining records of the terms and provisions of the plan, as they may be adopted and amended;

(III)

Making determinations regarding benefit or cost-of-living adjustments and rank escalation, if any;

(IV)

Periodically certifying information required by the association to administer the plan benefits; and

(V)

Electing options for the allocation of assets, if such options are provided by the association.

Source: Section 31-31-701 — Affiliation by old hire pension plans, 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

§ 31-31-701’s source at colorado​.gov