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