(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.
Source: L. 96: Entire article added with relocations, p. 934, § 1, effective May 23. L. 2016: (1)(c)(II) amended, (HB 16-1028), ch. 25, p. 60, § 2, effective August 10. L. 2018: (1)(a)(III), (1)(c)(I), (1)(c)(II), (1)(c)(III), (1)(c)(V), (2)(a)(IV), and (2)(c)(II) amended, (HB 18-1056), ch. 116, p. 813, § 1, effective August 8.
Editor's note: Provisions of this section were formerly numbered as §§ 31-30-1007 (6) and 31-30-1008 (2).
Structure Colorado Code
Title 31 - Government - Municipal
Article 31 - Fire - Police - New Hire Pension Plans
Part 8 - Disability and Survivor Benefits
§ 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