(II.5) In cases where an employer does not participate in federal old-age, survivors, and disability insurance, and it is determined that employer-paid retirement benefits are payable to an individual and the individual's dependents, the aggregate benefits payable for permanent total disability pursuant to this section shall be reduced, but not below zero by an amount determined as a percentage of the employer-paid retirement benefits, said percentage to be determined by a weighted average of the employer's contributions during the period of covered employment divided by the total contributions during the period of covered employment.
Source: L. 90: Entire article R&RE, p. 487, § 1 effective July 1; (1)(d)(IV) amended, p. 1844, § 30, effective July 1. L. 92: IP(1) amended, p. 1824, § 1, effective April 29. L. 94: (1)(c)(II) amended and (1)(c)(II.5) added, p. 2001, § 3, effective July 1. L. 96: (1)(d)(III) amended, p. 940, § 2, effective May 23. L. 99: (1)(g) added, p. 266, § 1, effective July 1. L. 2000: IP(1)(c)(II), (1)(c)(II.5), and (1)(c)(III) amended, p. 1762, § 1, effective June 1. L. 2010: IP(1), (1)(c)(I), (1)(c)(III), and IP(1)(d)(I) amended, (SB 10-187), ch. 310, p. 1457, § 4, effective July 1. L. 2013: (2) added, (SB 13-285), ch. 301, p. 1594, § 2, effective July 1. L. 2017: (1)(h) added, (SB 17-214), ch. 187, p. 684, § 3, effective May 3. L. 2021: (1)(c)(V) added, (HB 21-1050), ch. 384, p. 2570, § 2, effective September 7.
Structure Colorado Code
§ 8-42-103. Disability Indemnity Payable as Wages - Period of Disability
§ 8-42-104. Effect of Previous Injury or Compensation
§ 8-42-105. Temporary Total Disability
§ 8-42-106. Temporary Partial Disability
§ 8-42-107.5. Limits on Temporary Disability Payments and Permanent Partial Disability Payments
§ 8-42-107.6. Premium Dividend for Employing Injured Employees
§ 8-42-108. Disfigurement - Additional Compensation
§ 8-42-109. Added Compensation for Additional Injuries
§ 8-42-111. Award for Permanent Total Disability
§ 8-42-112. Acts of Employees Reducing Compensation
§ 8-42-112.5. Limitation on Payments - Use of Controlled Substances
§ 8-42-113.5. Recovery of Overpayments - Notice Required
§ 8-42-115. Death From Injury - Benefits
§ 8-42-116. When Death Not Proximate Result - Benefits
§ 8-42-117. Benefits to Partial Dependents
§ 8-42-118. Applicability of Repeal of Death Benefits to Nonresident Dependents
§ 8-42-119. Partial Dependents - Compensation
§ 8-42-120. Termination of Right to Benefits
§ 8-42-121. Director to Determine and Apportion Benefits
§ 8-42-122. Minor Dependents - Safeguarding Payments
§ 8-42-124. Assignability and Exemption of Claims - Payment to Employers - When
§ 8-42-125. Data Gathering on Workers' Compensation System
§ 8-42-126. Monetary Benefits and Penalties - Timely Payment - Determination of Date Deemed Paid