(1) The association shall provide for two types of disability programs for disabilities incurred on or before termination of employment:
(a) Short-term disability. A member who is found by the disability program administrator to be mentally or physically incapacitated from performance of the essential functions of the member's job with reasonable accommodation as required by federal law, but who is not totally and permanently incapacitated from regular and substantial gainful employment, shall be provided with reasonable income replacement, or rehabilitation or retraining services, or a combination thereof, under a program provided by the disability program administrator for a period specified in the rules adopted by the board. The cost of the program shall be funded by the association.
(b) Disability retirement. A member who is found by the disability program administrator to be totally and permanently mentally or physically incapacitated from regular and substantial gainful employment as of the date of termination of employment shall be placed on disability retirement, and the association shall provide to such person a benefit as calculated in section 24-51-704. The benefit shall be paid directly by the association. A member of the judicial division shall also be eligible for disability retirement upon the entry of an order of retirement pursuant to section 23 of article VI of the state constitution for a disability interfering with the performance of the member's duties that is, or is likely to become, of a permanent nature.
Source: L. 97: Entire part R&RE, p. 776, § 12, effective January 1, 1999.
Editor's note: This section is similar to former §§ 24-51-703, 24-51-704, and 24-51-705 as they existed prior to 1997.
Notes of Decisions
Lawless v. Stand. Ins. Co., 338 P.3d 398 (Colo. Ct. App. 2013).
· cites it 4× “Plaintiffs contend that, in implementing the disability program, PERA promulgated an administrative rule and executed an insurance policy through Standard that conflicted with the statutory requirements of section 24-51-702(1), C.R.$.2018. A. The PERA Disability Program 183 PERA…”
Moran v. Stand. Ins. Co., 187 P.3d 1162 (Colo. Ct. App. 2008).
· cites it 2× “Specifically, PERA "shall contract with a disability program administrator to determine disability, to provide short-term disability insurance coverage, and to administer the short-term disability program.”
— Colo. Rev. Stat. § 24-51-702(1) — 1 case
Lawless v. Stand. Ins. Co., 338 P.3d 398 (Colo. Ct. App. 2013).
“Plaintiffs contend that, in implementing the disability program, PERA promulgated an administrative rule and executed an insurance policy through Standard that conflicted with the statutory requirements of section 24-51-702(1), C.R.$.2018. A. The PERA Disability Program 183 PERA…”
— Colo. Rev. Stat. § 24-51-702(1)(a) — 2 cases
Lawless v. Stand. Ins. Co., 338 P.3d 398 (Colo. Ct. App. 2013).
“Plaintiffs contend that, in implementing the disability program, PERA promulgated an administrative rule and executed an insurance policy through Standard that conflicted with the statutory requirements of section 24-51-702(1), C.R.$.2018. A. The PERA Disability Program 183 PERA…”
Moran v. Stand. Ins. Co., 187 P.3d 1162 (Colo. Ct. App. 2008).
“Specifically, PERA "shall contract with a disability program administrator to determine disability, to provide short-term disability insurance coverage, and to administer the short-term disability program.”
— Colo. Rev. Stat. § 24-51-702(1)(b) — 1 case
Moran v. Stand. Ins. Co., 187 P.3d 1162 (Colo. Ct. App. 2008).
“Specifically, PERA "shall contract with a disability program administrator to determine disability, to provide short-term disability insurance coverage, and to administer the short-term disability program.”
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