Colorado SB 18-247: Local Government Medical Benefits In Work-related Death

Bill Text

SENATE BILL 18-247
BY SENATOR(S) Gardner, Aguilar, Court, Crowder, Donovan, Fields,
Garcia, Guzman, Jones, Kagan, Kefalas, Kerr, Martinez Humenik,
Merrifield, Moreno, Priola, Tate, Todd, Zenzinger, Grantham;
also REPRESENTATIVE(S) Landgraf and Kraft-Tharp, Bridges, Buckner,
Carver, Exum, Gray, Herod, Hooton, Lee, Liston, Michaelson Jenet,
Reyher, Roberts, Rosenthal, Saine, Valdez, Winkler.
CONCERNING THE CREATION OF A FUND TO PAY FOR THE CONTINUATION OF
CERTAIN BENEFITS FOR DEPENDENTS OF CERTAIN LOCAL
GOVERNMENT PUBLIC SAFETY EMPLOYEES WHO DIE IN A
WORK-RELATED DEATH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-36-122 as
follows:
24-36-122. Law enforcement officers and firefighters -
work-related death - continuation of medical benefits for dependants
- cash fund - created - definitions. (1) As USED IN THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES:
(a) "BOARD" MEANS THE LAW ENFORCEMENT OFFICERS' AND
Capital letters or bold & italic numbers indicate new material added to existing statutes; dashes
through words indicate deletions from existing statutes and such material not part of act.

FIREFIGHTERS' CONTINUATION OF BENEFITS BOARD CREATED IN SUBSECTION
(2) OF THIS SECTION.
(b) "EMPLOYEE" MEANS AN ACTIVE, FULL-TIME OR PART-TIME
SALARIED EMPLOYEE OF AN EMPLOYER WHOSE DUTIES ARE DIRECTLY
INVOLVED WITH THE PROVISION OF LAW ENFORCEMENT OR FIRE PROTECTION,
AS CERTIFIED BY HIS OR HER EMPLOYER, AND WHO HAS MEDICAL OR DENTAL
BENEFIT COVERAGE THROUGH HIS OR HER EMPLOYER.
(c) "EMPLOYER" MEANS ANY COUNTY OR MUNICIPALITY IN THE
STATE OFFERING LAW ENFORCEMENT OR FIRE PROTECTION SERVICE
EMPLOYING ONE OR MORE PERSONS AND ANY SPECIAL DISTRICT OR COUNTY
IMPROVEMENT DISTRICT IN THE STATE OFFERING FIRE PROTECTION SERVICE
EMPLOYING ONE OR MORE PERSONS AND THAT CONTRIBUTES TO THE
CONTINUATION OF BENEFITS FUND PURSUANT TO SUBSECTION (3) OF THIS
SECTION ON BEHALF OF ITS EMPLOYEES.
(d) "FUND" MEANS THE LAW ENFORCEMENT OFFICERS' AND
FIREFIGHTERS' CONTINUATION OF BENEFITS FUND CREATED IN SUBSECTION
(5) OF THIS SECTION.
(e) "WORK-RELATED DEATH" MEANS A DEATH THAT IS THE
PROXIMATE RESULT OF AN INJURY ARISING OUT OF AND IN THE COURSE AND
SCOPE OF EMPLOYMENT WITH AN EMPLOYER.
(2) (a) THERE IS HEREBY CREATED IN THE DEPARTMENT OF THE
TREASURY THE LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS'
CONTINUATION OF BENEFITS BOARD. THE BOARD SHALL REVIEW
SUBMISSIONS FROM EMPLOYERS FOR THE CONTINUATION OF MEDICAL AND
DENTAL BENEFITS FOR THE DEPENDANTS OF ANY EMPLOYEE WHO DIES IN A
WORK-RELATED DEATH AND SHALL OVERSEE THE PAYMENT OF SUCH
BENEFITS. IN THE COURSE OF ITS DUTIES, THE BOARD MAY COORDINATE AND
CONFER WITH THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF
LOCAL AFFAIRS, THE FIRE AND POLICE PENSION ASSOCIATION, ANY
EMPLOYER AS DEFINED IN SUBSECTION (1)(c) OF THIS SECTION, OR ANY
OTHER ENTITY AS DEEMED NECESSARY AND APPROPRIATE BY THE BOARD.
(b) THE BOARD IS COMPOSED OF THE FOLLOWING MEMBERS:
(I) THE STATE TREASURER OR HIS OR HER DESIGNEE;
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(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC
SAFETY OR HIS OR HER DESIGNEE; AND
(III) THE EXECUTIVE DIRECTOR OF THE FIRE AND POLICE PENSION
ASSOCIATION OR HIS OR HER DESIGNEE.
(C) THE MEMBERS OF THE BOARD SERVE WITHOUT COMPENSATION
BUT SHALL BE REIMBURSED BY THE DEPARTMENT OF THE TREASURY FOR ANY
NECESSARY EXPENSES INCURRED IN THE CONDUCT OF THEIR OFFICIAL DUTIES
AND SHALL SUFFER NO LOSS OF SALARY FROM AN EMPLOYER FOR SERVICE ON
THE BOARD.
(d) STAFF SERVICES FOR THE BOARD SHALL BE PROVIDED BY THE
DEPARTMENT OF THE TREASURY.
(3) (a) ANY COUNTY OR MUNICIPALITY IN THE STATE OFFERING LAW
ENFORCEMENT OR FIRE PROTECTION SERVICE EMPLOYING ONE OR MORE
PERSONS AND ANY SPECIAL DISTRICT OR COUNTY IMPROVEMENT DISTRICT IN
THE STATE OFFERING FIRE PROTECTION SERVICE EMPLOYING ONE OR MORE
PERSONS MAY ENTER INTO AN AGREEMENT WITH THE BOARD TO MAKE
QUARTERLY CONTRIBUTIONS TO THE FUND CREATED IN SUBSECTION (6) OF
THIS SECTION ON BEHALF OF EACH PERSON IT EMPLOYS WHOSE DUTIES ARE
DIRECTLY INVOLVED WITH THE PROVISION OF LAW ENFORCEMENT OR FIRE
PROTECTION. ONLY COUNTIES, MUNICIPALITIES, SPECIAL DISTRICTS, OR
COUNTY IMPROVEMENT DISTRICTS THAT MAKE CONTRIBUTIONS TO THE FUND
PURSUANT TO THIS SUBSECTION (3) AND PURSUANT TO ITS AGREEMENT WITH
THE BOARD ARE EMPLOYERS FOR PURPOSES OF THIS SECTION, AND ONLY
EMPLOYERS ARE ELIGIBLE TO HAVE THE CONTINUATION OF BENEFITS FOR THE
DEPENDENTS OF AN EMPLOYEE WHO DIED IN A WORK-RELATED DEATH PAID
FROM THE FUND.
(b) THE BOARD SHALL DETERMINE THE AMOUNT OF THE
CONTRIBUTION REQUIRED BY EACH EMPLOYER AND SHALL DETERMINE THE
METHOD BY WHICH EACH EMPLOYER SHALL PAY THE QUARTERLY
CONTRIBUTION TO THE FUND.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A
COUNTY, MUNICIPALITY, SPECIAL DISTRICT, OR COUNTY IMPROVEMENT
DISTRICT THAT CHOOSES NOT TO MAKE CONTRIBUTIONS TO THE FUND FROM
INDEPENDENTLY PAYING FOR THE CONTINUATION OF BENEFITS FOR THE
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DEPENDENTS OF ANY P