The Statewide Disability Retirement Program for Firefighters and Police Officers
| Publication year | 1989 |
| Pages | 1955 |
| Citation | Vol. 10 No. 1989 Pg. 1955 |
1989, October, Pg. 1955. The Statewide Disability Retirement Program for Firefighters And Police Officers
In 1979, as part of a comprehensive pension reform program, the Colorado legislature created a statewide disability and survivor benefit plan for the state's police officers and firefighters.(fn1) The reform legislation was a response to various studies commissioned by the General Assembly that indicated the then-existing system of local fire and police pension plans was actuarially unsound and growing more so each year.(fn2)
Although the reform legislation affected all aspects of the pension system for firefighters and police officers, this article focuses on the statewide disability program. The disability program is unique and has undergone significant legislative fine-tuning since its inception ten years ago. For both private practitioners representing public safety officers seeking disability retirement and local government attorneys whose clients are directly affected by the granting or denial of such retirement, it is important to understand the standards and procedures which govern the review of disability retirement applications in this system.
The statewide disability and survivor benefit plan is administered by the Fire and Police Pension Association ("FPPA") and its nine-member board of directors. Board members are appointed by the governor and include three firefighter/ police officer representatives, three city/district representatives and three individuals from the business community who have particular expertise in specified areas.(fn3)
The statewide plan is currently funded through a yearly state contribution. The state began contributing when the plan was created in 1980. The amount of the state contribution has decreased each year since then, and the contributions are scheduled to terminate in 1993. Thereafter, should additional funding be necessary, it must be provided "through local revenue sources."(fn4) The FPPA board, employee groups, local governments and the legislature must soon address whether such funding will be necessary and the manner in which possible additional funding will be structured for various fire and police groups covered under the plan.
With certain exceptions discussed below, the statewide plan covers all firefighters and police officers in Colorado. Since the plan was not in existence prior to 1980, the FPPA has limited its jurisdiction to those disabilities occurring on or after January 1, 1980. Disabilities occurring prior to 1980 remain subject to coverage under the local pension plan system then in effect. However, all applicants, including those claiming a pre-1980 disability, must first apply through the FPPA. If the FPPA board determines that the claimed disability relates to a pre-1980 date, it will decline jurisdiction and refer the matter to the member's local board.(fn5)
The statewide disability plan does not cover police officers and firefighters whose employers cover them under the Social Security system, nor does it cover members of certain cities or fire protection districts which initially elected to be "exempt" from such coverage.(fn6) In those instances, disability coverage is provided through Social Security or an alternative local plan established by the governmental unit. Finally, the statewide plan does not cover members who are eligible for normal age and service retirement from an applicable pension plan.(fn7)
Shortly after the creation of the statewide disability and survivor benefit plan, its constitutionality was challenged by the survivors of police officers who were hired prior to its creation, at a time when survivor and...
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