Section 26-2-114 - Amount of assistance payments - old age pension(1) The basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly; but the state board may adjust the said basic minimum award above one hundred dollars if, in its discretion, living costs have changed sufficiently to justify such adjustment.(2)(b)(I) The amount of net income from whatever source, either in cash or in kind, which any person qualified for an old age pension may receive shall be deducted from the amount of monthly pension which such person would otherwise receive. The rules and regulations of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.(II) In computing said net income, the county department shall not consider the ownership of real estate occupied as a residence by the recipient as income. In addition, in computing said net income, the county department shall not consider as income funds received by or on behalf of the recipient from the federal government for rent supplementation or relocation payments or income earned by the recipient up to the maximum extent allowed by Title I, section 2, of the social security act.(III) Whenever the United States congress shall provide by law for a retroactive increase in monthly benefits under the old age, survivors, and disability provisions of the social security act, or for a retroactive increase in monthly benefits under the railroad retirement act, and the amount of such retroactive increase in monthly benefits shall be subsequently paid to an old age pension recipient in a lump sum, then the amount of such lump sum payment shall not be considered as income and shall not be deducted from the amount of monthly pension otherwise payable to such recipient for the month in which such lump sum payment is received.(IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.L. 73: p. 1188, § 2. C.R.S. 1963: § 119-3-14. L. 75: (2)(b)(I) amended, p. 889, § 7, effective July 28. L. 77: (2)(b)(IV) added, p. 1346, § 1, effective May 26. L. 78: (2)(a) R&RE, p. 436, § 1, effective May 4. L. 79: (2)(a.5) added, p. 1439, § 24, effective July 3. L. 83: (2)(a) amended, p. 1130, § 6, effective June 3; (2)(a.5) amended, p. 2101, § 17, effective October 13. L. 87: (2)(a.5) repealed, p. 1159, § 1, effective July 1. L. 91: (2)(a) amended, p. 1857, § 16, effective April 11; (2)(a) amended, p. 1897, § 9, effective July 1. L. 91, 2nd Ex. Sess.: (2)(a) amended, p. 81, § 2, effective October 16. L. 93: (2)(a)(II)(B) repealed, p. 333, § 2, effective April 12; (2)(a)(I) and (2)(a)(II)(A) amended, p. 1147, § 87, effective 7/1/1994. L. 94: (2)(a) amended, p. 1561, § 9, effective July 1; (2)(a)(I) and (2)(a)(II)(A) amended, p. 2625, § 47, effective July 1. L. 2006: (2)(a) amended, p. 1994, § 22, effective July 1. L. 2010: (2)(a)(I) and (2)(a)(II)(A) repealed, (HB 10 -1146), ch. 281, p. 1302, § 1, effective 1/1/2011.Amendments to subsection (2)(a) by Senate Bill 91-105 and House Bill 91-1287 were harmonized. Amendments to subsection (2)(a) by House Bill 94-1029 and Senate Bill 94-133 were harmonized.
For the legislative declaration contained in the 1993 act amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 345, Session Laws of Colorado 1994.