The purpose of these summaries is informational and cannot be relied upon as the ultimate declaration of benefits under a plan or the law in Colorado.
Please refer to the actual legislation available at the Digest of Bills website of the Colorado Office of Legislative Legal Services. Once there, click on the year of legislation - then the link for "Government - Municipal" - followed by the specific bill you are looking for.
The following legislation was proposed by the FPPA Board to the Police Officers' and Firefighters' Pension Reform Commission for introduction in the 2017 legislative session. Click here for a PDF of the 2017 Proposed Legislation.
Senate Bill 17-020
Voting Requirements for Reentry
Senate Bill 17-013
Multi-Employer 457 Plan
House Bill 16-1028
Concerning the Statewide Death and Disability Plan
House Bill 16-1038
Concerning optional affiliation with the FPPA by certain County Sheriff Departments
Senate Bill 15-025
Distinction for Service Awarded Due to Plan-to-Plan Transfers from Service Credit Purchases under the Statewide Defined Benefit Plan
Senate Bill 15-026
Participation in the Statewide Defined Benefit Plan after a Merger or Consolidation
Senate Bill 15-027
Board Authority Legislation
Senate Bill 15-028
Participation in the Statewide Death & Disability Plan
Senate Bill 15-029
Study of Volunteer Pension Plans in the State of Colorado
Senate Bill 14-024
Concerning the responsibilities of certain entities in managing volunteer firefighter pension plans that are affiliated with the Fire and Police Pension Association
Allow for direct distribution by the Department of Local Affairs of state assistance to volunteer firefighter pension plans to FPPA on behalf of FPPA-affiliated plans.
Enumerate the responsibilities of the FPPA and of the participating departments with regard to the administration and management of the volunteer firefighter pension plans affiliated with FPPA.
Senate Bill 14-031
Concerning modifications to the administration of the Old Hire Police Officers’ and Firefighters’ Pension Plans
Modify authority to purchase annuities to wind down an old hire plan
Repeal sections of the statute implementing state assistance to old hire plans.
End level dollar employer contributions for state assisted plans which began in 1994. Beginning in 2015, require that contributions be made in an amount determined as required by the plan’s actuary.
Clarify that the amortization period for old hire plans not fully funded to not exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund’s members.
Enumerate the responsibilities of FPPA and of the participating departments with regard to the administration and management of the old hire pension plans affiliated with FPPA.
Senate Bill 13-011
While not limited to same-sex partnerships, this law provides for those in civil unions to be recognized as a spouse under Colorado law.
The Act specifically recognizes those who enter in to a civil union to have the same benefits provided for spouses under pension and death and disability plans provided for firefighters and police officers
Senate Bill 13-080
This law provides that FPPA and the plans it administers do not have liability for benefits if an employer fails to properly enroll a potential member in a plan.
Senate Bill 13-240
This law allows FPPA to amend the Statewide Defined Benefit Plan upon approval of 65% of those members voting in the election and 50% of those employers voting in the election.
Senate Bill 13-234
In 2014, the State made its final contribution to assist Old Hire Pension Plan funding with a contribution of over $142 million dollars.
House Bill 12-1031
This bill gives the FPPA Board authority to make plan amendments to the SWDB plan, the CSNHP plan, the SWH plan, the SWMP plan, and the SWD&D plan as necessary to make the administration of the plans consistent and uniform. It does not permit changes to the normal benefit or changes that have an actuarial cost.
This bill enables FPPA to more efficiently manage the many different plans it is responsible for administering.
House Bill 12-1018
This bill repeals language regarding the former plan that was replaced in 2007.
This bill also provides for employers participating in the Statewide Defined Benefit supplemental social security plan to also participate in the Statewide Death and Disability plan
House Bill 12-1077
This bill broadens the scope of the type of private investments that are covered under the statutory protections of confidential and proprietary information from public disclosure. Maintains transparency by requiring that the name of investment vehicles, the amount invested and the rate of return on the investment must be reported annually.
The protections are required in order to provide greater transparency to FPPA fiduciaries regarding investments. With the protections in place, FPPA will be allowed by investment managers to participate in private alternative investments.
This amendment is necessary as FPPA has broadened its asset allocation to include a wider range of private alternative investments.
Senate Bill 10-022
Authorizes the Board to hold an election of the members and employers, to approve an increase in the member contribution rate in the Statewide Defined Benefit Plan.
If an increase in the member contribution rate is approved, it would not affect the employer contribution rate.
The increase in the member contribution rate shall not be subject to negotiation for payment by the employer.
Approval process would follow the procedure for plan amendments. Member and employer approval are required.
Provides a potential source to accrue funds for future ad hoc cost-of-living-adjustments (COLAs) for retirees.
In the unlikely event that benefit rollbacks would otherwise be required due to adverse financial markets, allows member to choose the alternative of increased member contributions.
The passage of this bill alone does not change the member contribution rate.
This legislation grants authority to conduct an election and implement a member contribution rate increase if approved.
Senate Bill 10-023
Empowers FPPA to address the situation when a member retires from the FPPA Defined Benefit System and then subsequently returns to work for an employer as an FPPA “Member”.
Authorizes the Board to adopt rules to suspend the pension benefits of a member who participates in the defined benefit system, separates from service, elects a retirement, and subsequently returns to work with an FPPA Defined Benefit System employer.
Authorizes but does not require the Board to adopt rules allowing a member who has reached normal retirement age, separated from service, elected a retirement benefit under the FPPA Defined Benefit System, and subsequently returns to work to continue receiving distribution of benefits and earn additional retirement benefits in an alternate money purchase plan.
Senate Bill 10-024
Repeals a statutory provision that is currently obsolete.
Eliminates the ability of local money purchase plans to affiliate with the Fire and Police Pension Association solely for investment and administration. Currently there are no such affiliated local money purchase plans. (Previous FPPA affiliated local money purchase plans have joined the FPPA Defined Benefit System.)
Local money purchase plans would continue to able to merge into the Statewide Money Purchase Plan or to re-enter the FPPA Defined Benefit System.
House Bill 10-016
Extends the term of the retired firefighter or police officer serving as a member of the FPPA Board of Directors from 4 years to 6 years.
Currently the “retiree” representative on the FPPA Board alternates between a retired police officer and a retired firefighter every 4 years. Because of this rotation this board member cannot be reappointed for a consecutive term; unlike the other 8 members.
The FPPA Board feels that an extended term for the rotating membership would be of more value to FPPA because of the learning curve required for board participation.
Senate Bill 09-017
Repeals the earned income offset for occupational disability benefits.
Repeals the dependent child eligibility requirements with regard to education for dependent children between the ages of 19 and 23.
Repeals the termination of benefits upon remarriage for survivors of members awarded total disability benefits prior to January 1, 2000, and clarifies the termination statute.
Repeals the board’s authority to implement the supplemental disability benefit program.
Includes an offset for statewide defined benefits for a member or survivor who subsequently receives a disability or survivor benefit from the Statewide Death and Disability plan.
Includes the requirement for payment by the employer of the excess contribution over sixteen percent rate for members in the FPPA defined benefit system (for those members paying the re-entry rate) who are found temporarily disabled and subsequently receive a normal retirement benefit.
Clarifies the applicability of on-duty status for temporary occupational benefits and permanent occupational benefits.
Repeals obsolete language allowing totally disabled members to elect a new survivor benefit upon the implementation of the flat benefit in 2000.
House Bill 09-1030
Gives the boards of the Statewide Defined Benefit System, Old Hire, and Volunteer pension plans for firefighters and police officers authority to adopt provisions necessary for compliance with IRS code qualification requirements.
Permits the FPPA to create a master old hire plan document and seek IRS qualification approval for the document. Local old hire boards could elect, but would not be required, to adopt the document. Permits the FPPA to amend the master old hire plan document as necessary to comply with IRS code.
The requirement that the plans meet the qualification requirements of section 401 of the IRS code remains, but eliminates itemized requirements that were intended to ensure that plans meet the IRS qualification requirements.
Senate Bill 09-227
Defers state assistance for old hire plan funding to resume in 2012.
Modifies the way the annual employer contribution amount is calculated for Old Hire Plans that are affiliated with the Fire and Police Pension Association and that are not receiving contributions.
Previously, the Section 31-30.5.404 required that the liability of unfunded past service be amortized over a period ending December 31, 2021.
The legislation now allows the liability of unfunded past service to be amortized 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.
In most cases, this modification will significantly lengthen the period over which the amortization is calculated, thereby reducing the required annual contributions. Additionally, the amortization now is calculated over a rolling twenty year period instead of a fixed period.
For those plans which have a shorter average remaining life expectancy, the amortization requirements appropriately ensure adequate contributions to fund the plan through the expected remaining period of benefit payments.
House Bill 08-1070
This legislation modifies how the FPPA Board of Directors may increase the COLA benefits in the SWDB plan. While COLAs remain at the discretion of the FPPA, the new maximum COLA is the higher of the CPI for urban wage earners or 3%.
Senate Bill 08-009
This legislation establishes penalties related to benefits paid to a Member who, otherwise required by law, fails to submit to a medical examination or fails to provide pertinent information to the FPPA Board of Directors under the Statewide Death and Disability Plan.
Permits the FPPA Board to review benefits to determine if there has been fraud, an overpayment, an error, or a mistake. Authorizes the Board to take action based on the findings of the review.
House Bill 07-1024
Concerning a property tax exemption for property of the Fire and Police Pension Association.
The legislation recognizes that property owned and used by FPPA is exempt from real and personal property taxes as FPPA is a political subdivision of the State of Colorado.
Property owned by FPPA and leased to third parties is to be assessed property tax.
House Bill 07-1030
Concerning the timing of contribution deposits for plans administered by the Fire and Police Pension Association
The legislation requires employers to remit payment of contributions within 10 days of the date of payment of salary for FPPA plans.
House Bill 07-1028
Concerning police officers’ and firefighters’ pension options for new hire members who have a change in marital status after retiring unmarried.
For members who are single when they retire under the SWDB or are awarded a disability benefit and choose a single life annuity and who subsequently marry and who wish to choose a new benefit option, the legislation requires that the member to do so within six months of the date of marriage.
It also sets a deadline for any such existing retired members who were initially single at retirement and subsequently became married; who have not chosen a new benefit option, of January 1, 2008 or the option is lost.
The bill also requires that a retiree to survive for 6 months after the date of marriage when an option change is made in order for the survivor benefit to be payable.
House Bill 07-1029
Concerning disability and survivor benefits for members of the Fire and Police Pension Association
The legislation provides for an offset for any member or survivor who becomes eligible for a death and disability benefit and who also receives a benefit from a defined benefit plan.
The legislation changes how the income offset is calculated for permanent occupational disabilities. The base salary to be used is the previous base salary multiplied by the change in CPI each year instead of the actual base salary used by the department over time.
House Bill 07-1184
Concerning divestment action by certain governmental entities against companies financially involved with the government of Sudan, and requiring a post-enactment review of the implementation of this Act.
Requires FPPA and certain other governmental to develop a monitoring and divestment scheme regarding certain types of investments in Sudan.
House Bill 06-1059
Concerning the structure of trust funds and investment funds in the administration of assets for the benefit of firefighters and police officers.
Statutory amendments are necessary to align FPPA defined benefit system with current IRS requirements and pending approvals.
Separates assets into trust funds and investments funds for simplified financial reporting.
House Bill 06-1068
Concerning the creation of a Social Security supplemental plan by the Board of Directors of the Fire and Police Pension Association that will allow employers that cover employees under the Federal “Social Security Act” to provide a defined benefit retirement plan.
Converts current Social Security supplemental plan into a more modern defined benefit plan.
Eliminates Social Security offset. Provides for 1⁄2 of the standard Statewide Defined Benefit Plan (SWDB) benefit based on 1⁄2 of the SWDB contribution rate.
Reduces staff and actuarial costs in calculating individual benefits.
Benefits become calculable for members prior to retirement.
Existing members vest in benefits earned prior to conversion. Existing members receive a combination of old and new benefits at retirement.
Contribution rates for employers and members become fixed and predictable from year to year.
Contribution rates and benefits do not change based on any future changes made to Social Security.
Senate Bill 06-039
Concerning the partial entry into the Fire and Police Pension Association Defined Benefit System by members of Money Purchase Plans where all future eligible employees are required to participate in the Defined Benefit System.
Allows a department with a local money purchase plan to put members hired after effective date in either the Statewide Hybrid Plan or the Statewide Defined Benefit plan and allows existing members in the local money purchase plan to individually elect participation either the local money purchase plan or the FPPA Defined Benefit System.
The option to remain in a local money purchase plan is offered at the discretion of the Employer.
Senate Bill 05-043
This Bill clarified a previous exemption from participation in the FPPA Statewide Defined Benefit Plan and the Statewide Death and Disability Plan. Departments participating in Social Security prior to August 11, 2005 are exempt from participating in Statewide Defined Benefit Plan and the Statewide Death and Disability Plan.
House Bill 05-1002
This Bill exempts from disclosure under the Colorado Open Records Act investment information that has not been otherwise publicly disseminated which could cause an investment manager or an entity in which an investment may be made significant competitive harm. It requires the FPPA Board to publish a report of its investments at least annually.
Senate Bill 05-008
This Bill allows retired members of an old hire fire pension plan to vote for pension board members, to serve as pension board members, and to vote regarding plan amendments.
Senate Bill 05-067
This Bill allows alternate exempt plans (the Colorado Springs New Hire Fire Plan and the Colorado Springs New Hire Police Plan) to be merged into the FPPA defined benefit system upon agreement between the FPPA and the employer.
Senate Bill 04-198
This bill accomplishes the transfer of the responsibilities of administering the state matching funds program for the volunteer fire department pension plans from FPPA to the Division of Local Affairs (DOLA). FPPA continues to work with those volunteer departments who are affiliated on completing the required actuarial studies.
Senate Bill 03-056
This bill accomplishes the following:
The definition of member may include part-time fire and police officers beginning August 5, 2003.
Part-time members would have the option to be in the Statewide Money Purchase Plan or a local money purchase plan.
Clerical or other personnel employed by a fire protection district, fire authority, or county improvement district, whose services are auxiliary to fire protection may participate in the Statewide Defined Benefit Plan or the Statewide Money Purchase Plan.
County sheriffs are eligible to participate in the FPPA supplemental social security plan for defined benefits or for death and disability.
Senate Bill 03-057
This bill creates two new defined benefit plan alternatives for police and fire departments with money purchase plans. These departments may re-enter the existing Statewide Defined Benefit Plan or alternatively enter a new Statewide Hybrid Plan. The new Statewide Hybrid Plan offers a combination defined benefit and defined contribution benefit. Existing members of departments re-entering the Statewide Defined Benefit Plan pay an increased contribution rate in order to prevent adverse actuarial impact to existing Statewide Defined Benefit Plan members. This bill also decreased the vesting period for the Statewide Defined Benefit Plan to five years in order to bring a consistent vesting period to the statewide plans and facilitate the reentry of members from money purchase plans. The cost of lowering the vesting period to 5 years was 0.04% of payroll.
House Bill 03-1009
This bill accomplishes the following:
FPPA is authorized to create a defined benefit plan to provide assistance in paying health care costs after retirement.
The plan benefits would be based on years of service.
A task force would be created to recommend terms of the plan.
The plan would be implemented if 65% of members in the Statewide Defined Benefit Plan, the Statewide Money Purchase Plan, and/or the Statewide Hybrid Plan vote in favor of adopting the plan. The plan would then be mandatory for all participants in the statewide plans electing coverage. If less than the majority of a department's members vote in favor of adopting the plan, the employer may elect not to participate in the plan.
Member contributions would be 1% of pay. Employers could “pick-up” the contribution.
Senate Bill 02-026
This bill accomplishes the following:
House Bill 02 - 1032
This bill accomplishes the following:
House Bill 02 - 1036
This bill accomplishes the simplifying of the method of calculating state matching contribution without changing actual contribution for local volunteer plans
House Bill 01-1011
This bill clarifies certain statutes, expedites processes, standardizes treatment of members, and conforms to state and federal law. Specific changes are as follows:
Amends the definition of employer to include “fire authority”.
Allows the pension boards of local affiliated plans to obtain the names and addresses of retirees from FPPA.
Statewide Defined Benefit Plan
Clarifies that normal retirement eligibility is age fifty-five with 25 years of service.
Reduces the penalty for retiring early.
Allows the designated beneficiary of a member eligible for normal retirement to receive a pension in the event the member dies before electing a payment option.
Treats electronic fund transfers the same as cashing a check.
Allows members to defer receipt of benefits to avoid taxation for early withdrawal.
Provides that a vested single member’s estate shall receive the member’s separate retirement account, earnings, and member contributions if there is no designated beneficiary.
Statewide Money Purchase Plan
Expedites the process for participating in the Statewide Money Purchase Plan.
Clarifies that employers with multiple plans can exercise affiliation options on an individual plan basis.
Statewide Death and Disability Plan
Eliminates off-sets and reporting requirements for disability recipients for income earned after the calendar year in which a member attains age 55
Continues benefits for dependent children who have reached age 19 to age 23 if they are in high school or college.
Allows an incapacitated child who marries to continue to receive benefits.
Clarifies that all members who become eligible for normal retirement or who reach its age and service equivalent are ineligible for benefits under the plan, and therefore, are not required to contribute to the plan.
Requires that actuarial reports be generated annually.
Authorizes the Board to establish rules for the administrative approval of disability applications in order to shorten the processing times.
457 Deferred Compensation Plan
Authorizes administrative support staff to participate in this supplemental plan as allowed by the IRS.
House Bill 01-1008
This bill provides a method for calculating the last year’s payments made by the state and an employer to each state-assisted old hire pension plan. It also requires an annual actuarial study.
House Bill 01-1027
This bill increases survivor benefits for a spouse, child or a spouse and child to forty percent. The bill also clarifies the division of benefits between survivors who live in separate households.
House Bill 00-1006
This bill eliminates the possibility of reducing the Separate Retirement Accounts ("SRA’s") of members of the SWDB Plan in order to make transfers to the Death and Disability Account for the Statewide Death and Disability Plan (D&D Plan). Such transfers are no longer needed, because the D&D Plan is now fully funded.
House Bill 00-1022
This bill creates options for increasing contribution rates under the Statewide Money Purchase Plan above the statutory rates of eight percent from the employer and eight percent from the employee.
House Bill 00-1018
This bill clarifies the standard of care applicable to the FPPA Board with respect to the administration, investment and management of the Fire and Police Members’ Money Purchase Plan Benefit fund. The Bill recognizes that the Board was governed by the Uniform Prudent Investor Act only with respect to assets allocated to the Fire and Police Members’ Benefit fund, which is an investment alternative for Fire and Police Member’s Money Purchase Plan Benefit.
House Bill 00-1005
This bill gives the FPPA Board discretion to waive the interest charge on delinquent contributions for new accounts in hardship cases.
House Bill 00-1017
This bill restores the relocated sections of law relating to the FPPA Defined Benefit Plan to statutes addressing the Death and Disability Plan.
Senate Bill 99-5
This bill mandates that each deferred compensation plan’s assets be held for the exclusive benefit of the plan participants. This protection was enacted on the federal level as a part of the Small Business Job Protection Act of 1996. Senate Bill 5 also establishes minimum requirements for ensuring that appropriate investment options are made available to deferred compensation plan participants.
House Bill 99-1022
This bill updates provisions needed to maintain police and fire pension plans as "qualified plans" under the Internal Revenue Code. These amendments were required by federal tax law in order for employers and employees to continue to benefit from the favorable tax treatment available under these pension plans.
Senate Bill 99-114
This bill authorizes parties in domestic relations actions to use additional methods for dividing public employee retirement benefits on divorce, legal separation, or declaration of invalidity of marriage.
House Bill 98-1024
This bill authorizes survivors of police and fire members of the Statewide Death and Disability Plan to seek relief from state and federal income taxes when the plan member’s death was in the line of duty or the result of an occupational disease. Also, survivors of members who died prior to the effective date of the bill were granted a two-year period to apply to the Board for a “death-in-the-line-of-duty” determination.
House Bill 97-1213
This bill authorizes FPPA to offer a supplemental disability benefit program to members of the Statewide Death and Disability Plan.
House Bill 97-1006
This bill applies the provisions of the Uniform Prudent Investor Act to FPPA with respect to the investment of assets in the Fire and Police Members’ Benefit Fund.
House Bill 97-1022
This bill extends an employer’s authority to use excess funds in its old hire fire or police pension plan for other pension and public safety purposes. The bill now permits an employer to utilize excess funds if there are no active members of the plan and the employer takes certain steps to guarantee payment to persons still receiving benefits from the fund.
House Bill 97-1111
This bill authorizes local boards to increase pension benefits for volunteer firefighters who are already retired.
Senate Bill 97-81
This bill amends the statute providing for the division of public employees’ retirement benefits upon divorce to clarify which legal actions are subject to the statute.
House Bill 96-1016
This bill establishes a separate statutory condition under the Statewide Death and Disability Plan for those members whose disabilities are the result of an on-duty injury or occupational disease.
House Bill 96-1370
This bill addresses the future funding of benefits provided under the Statewide Death and Disability Plan. It provides that the state will fund the benefits of members hired prior to January 1, 1997, through the payment of a one-time lump sum amount of $39,000,000. For those members hired on or after January 1, 1997, the bill requires funding by the members and/or their employers. On the benefit side, the bill provides a guaranteed cost of living adjustment for those members who are found to be totally disabled. The bill permits an employer, within a limited time window, to withdraw from the Statewide Death and Disability Plan and establish its own disability and survivor benefit plan.
House Bill 95-1012
This bill increases the time from three years to five years within which FPPA may investigate a member retired for disability from the Statewide Death and Disability Plan.
Senate Bill 95-12
This bill grants the FPPA Board the authority to adopt procedural rules in regard to local employers having money purchase plans for their police officers or firefighters and who wish to terminate those plans and cover their members under the Statewide Money Purchase Plan administered by FPPA. Any such election is voluntary and requires the approval of the employer and at least 65% of the members of the local money purchase plan.
Senate Bill 95-228
This bill accelerates the payments by state and local governments to those “old hire” plans currently receiving state assistance for unfunded accrued liabilities. The bill increases the state’s contribution to these plans and establishes a level dollar employer contribution projected to pay off the unfunded liabilities by the year 2009.
Senate Bill 93-142
This bill amends several aspects of the Statewide Death and Disability Plan including clarifying responsibilities of employers to employees found not disabled by the FPPA Board, and lengthens the reexamination and redetermination of disability period from three to five years.
House Bill 93-1243
This bill authorizes FPPA to establish a Statewide Money Purchase Plan as an alternative to the Statewide Defined Benefit Plan for departments meeting certain criteria.
House Bill 91-1015
This bill grants FPPA the authority to modify statewide pension plan benefits and service requirements for normal retirement without prior approval from the legislature. Any modifications must be approved by 65 percent of the active members in the plan and more than 50 percent of the employers having active members covered by the plan.
House Bill 89-1196
This bill grants FPPA the authority to administer 457 Deferred Compensation Plans; and House Bill 1033 grants FPPA the authority to administer and manage money purchase plan funds.
Senate Bill 87-18
This bill establishes a Stabilization Reserve Account, gives FPPA the ability to negotiate group retiree health insurance, and makes other miscellaneous changes to Part 10.
Senate Bill 83-64
This bill gives the FPPA Board of Directors authority to lower the statewide plan retirement age to 55 if actuarially supportable, and makes other miscellaneous changes to Part 10.
Senate Bill 79-79
This bill results from the activities of the Policemen’s and Firemen’s Pension Reform Commission created the previous year. S.B. 79 establishes the Fire and Police Pension Association, and creates a new statewide pension plan and the new Statewide Death and Disability Plan.
Senate Bill 78-46
This bill enacted, adopting the Policemen’s and Firemen’s Pension Reform Act and creating the Policemen’s and Firemen’s Pension Reform Commission. It also freezes old hire plan provisions.