Section 31-31-808 - Reduction of survivor benefits(1) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member, who at the time of the member's death was a member of a money purchase plan established under this article or article 30.5 of this title 31, including any department chief, who at the time of the chief's death had been exempted from the statewide retirement plan as permitted by section 31-31.5-203, shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the money purchase plan, whether the benefits received from the money purchase plan are paid on a periodic basis or in a lump sum. No such reduction shall exceed the actuarial equivalent of money purchase plan benefits if such benefits had been funded at the same rate of contributions specified in section 31-31.5-301.(2) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member who are also receiving payments from the member's separate retirement account pursuant to sections 31-31-412 (1)(c) and 31-31.5-304 (2) shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the separate retirement account, whether the benefits received from the account are paid on a periodic basis or in a lump sum.(3) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member who are also receiving payments from a statewide or local Colorado fire or police defined benefit pension plan shall be reduced by the amount of the defined benefit payments to be received.Amended by 2024 Ch. 15,§ 10, eff. 3/6/2024.Amended by 2022 Ch. 61, § 17, eff. 1/1/2023.L. 96: Entire article added with relocations, p. 933, § 1, effective May 23; entire section amended, p. 1339, § 3, effective June 1. L. 98: Entire section amended, p. 62, § 4, effective 2/8/1999. L. 2002: (2) amended, p. 185, § 13, effective October 1. L. 2007: (3) added, p. 272, § 5, effective March 29. L. 2009: (3) amended, (SB 09 -017), ch. 53, p. 192, § 7, effective March 25. L. 2012: (2) amended, (HB 12-1018), ch. 24, p. 66, § 7, effective August 8.This section was formerly numbered as § 31-30-1008(4).
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).