HomeMy WebLinkAboutMINUTES Firemen's Pension Board 1986-11-05LYNN A. HAMMOND
ROGER E. CLARK
GREGORY A. WHITE
JENNIFER J. STOCKER
HAMMOND, CLARK AND WHITE
LAW OFFICES
FIRST NATIONAL BANK BUILDING, SUITE 41B
200 EAST SEVENTH STREET
LOVELAND, COLORADO 80537
303-667-1023
November 5, 1986
Estes Park Firemen's Pension Board
c/o Dale Hill
Town of Estes Park
Post Office Box 1200
Estes Park, CO 80517
Dear Sirs:
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Pursuant to your request, I have reviewed the situation
concerning Marvin Steel's request for firemen's pension. I have
examined the Constitution and By-laws of the Estes Park Volunteer
Fire Department, being the revision of March 1, 1983 and the
training amendment of December 3, 1985. Also, I have examined
the Municipal Code of the Town of Estes Park and state statutes
relating to the firemen's pension matters.
It is my opinion that the Constitution and By-laws of the
Estes Park Volunteer Fire Department are not rules and
regulations of the Firemen's Pension Board unless the same have
been adopted by the Board. Also, it appears that the expulsion
of Mary Steel from the Fire Department may have not been in
conformance with the said By-laws as any expulsion must be
reviewed by the hearing committee.
Section 31-30-415, C.R.S., 1973, specifies the statutory
requirements for a firemen's pension. The requirements are:
1) a minimum of ten years of active service;
2) said years of active service only counts if thirty-six
(36) hours of training is taken by each volunteer
fireman during each active service year on or after
January 1,.1978.
3) the attainment of 50 years of age.
It is my opinion that Mary Steel is entitled to a pro -rated
pension based on the number of years of active service. There is
no requirement in the state statute that the firemen be a member
of the department at the time of application for a firemen's
pension. In the case of Agee v. Trustees of the Pension Board,
33 Colo App 268, 518 P2d 301, 1974, the Colorado Court of Appeals
Firemen's ion Board
c/o Dale Hill
November 5, 1986
Page 2
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found that a fire pension board does not have discretionary power
to alter pension eligibility requirements mandated by the General
Assembly through the state statutes.
If you have further questions, please do not hesitate to
contact me.
truly yours,
(-,1_42-
A. White
GAW/pbj