C.R.S. Section 31-31-810
Employer liability

  • statewide standard health history form

(1)

Intentionally left blank —Ed.

(a)

The employer of a member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that:

(I)

The member’s occupational or total disability existed at the commencement of employment by the employer, or the occupational or total disability is the proximate consequence or result of a medical condition that existed at the commencement of employment by the employer, and such employment commenced on or after September 1, 1989;

(II)

The employment was not ordered by a court; and

(III)

The employer failed to require the member to complete and file the health form required by subsection (1)(c) of this section.

(b)

The board shall enforce a claim for repayment against the employer by either increasing the contribution of the employer under part 3 of article 31.5 of this title 31 or by the commencement and prosecution of a civil action. The choice of remedies shall be in the sole discretion of the board.

(c)

Intentionally left blank —Ed.

(I)

Every newly hired member shall complete a health history on the statewide standard health history form, described in subsection (1)(c)(III) of this section.

(II)

Every employer shall require completion of the statewide standard health history form by the newly hired member within thirty days of the first date of employment. The completed form shall be filed with the fire and police pension association within sixty days from commencement of employment if filed by the employer after completion.

(III)

The board shall adopt, pursuant to the authority granted it by section 31-31-202 (1)(j), a statewide standard health history form. The board may revise the form from time to time and may adopt an electronic format for completing and filing the form.

(IV)

Any member who fraudulently conceals any material fact concerning health history when completing the form may be disqualified from receiving an award of disability benefits under this section if the board determines that the condition concealed by the member proximately caused the total or occupational disability.

(V)

Any member shall be ineligible for disability benefits with respect to an occupational or total disability that is the proximate consequence or result of a pre-existing and permanent medical condition.

(2)

Intentionally left blank —Ed.

(a)

The employer of a deceased member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that:

(I)

The member was occupationally or totally disabled at the time of the commencement of employment by the employer, or had a medical condition at the time of the commencement of employment by the employer, and such employment commenced on or after September 1, 1989;

(II)

Such preexisting disability or medical condition was the proximate cause of the death of the member;

(III)

The employment was not ordered by a court; and

(IV)

The employer failed to require the member to complete and file the health form required by subsection (1)(c) of this section.

(b)

The board shall enforce a claim for repayment against the employer either by increasing the contribution of the employer under part 3 of article 31.5 of this title 31 or by the commencement and prosecution of a civil action. The choice of remedies shall be in the sole discretion of the board.

(c)

Intentionally left blank —Ed.

(I)

The surviving spouse and dependent children of a member, whose employer filed the statewide standard health history form pursuant to paragraph (c) of subsection (1) of this section, may be disqualified from receiving an award of survivor benefits under this section if the deceased member fraudulently concealed any material fact concerning the member’s health history when completing the form, and the board determines that the condition concealed by the member proximately caused the death of the member.

(II)

The surviving spouse and dependent children of any member shall be ineligible for an award of survivor benefits in the event the member’s death is the proximate consequence or result of a pre-existing and permanent medical condition.

Source: Section 31-31-810 — Employer liability - statewide standard health history form, 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

§ 31-31-810’s source at colorado​.gov