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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 09/04
STATE OF COLORADO
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital
Records, Room 100, State Department of Health, 4210 East 11th Avenue, Denver,
Colorado 80220, (303)320-8474.
STATE DEATH BENEFITS
Benefits are paid to the eligible survivors of Colorado police officers and firefighters who
have died while in active service. Death need not be service related for survivors to receive
benefits.
The few limitations that apply to the award of survivor benefits are:
1. Benefits will not be awarded if the member was eligible to retire normally at the
time of death. In this case, normal retirement benefits would be paid.
2. Benefits also will not be awarded if the member died because of a medical
condition that existed at the time he was hired, and he either signed a benefit
waiver or knowingly failed to disclose the condition.
SPOUSE'S BENEFITS
The term "surviving spouse," as used in section 31-30-1008(1), Colorado Revised Statutes, as
amended, may include a spouse by commonlaw marriage, if such spouse can prove to the
FPPA board cohabitation comparable to marriage.
Benefits paid to a surviving spouse range from 25 to 50 percent of the annual base salary
paid to the member immediately proceeding death. The actual benefit paid depends on
whether the surviving spouse has dependent children, as follows:
1. If there are no dependent children, a surviving spouse receives benefits totaling 25
percent of the member's annual base salary. This benefit would be increased by
one-half of one percent of the member's salary for each year of credited service that
exceeds 25 years.
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2. If there is one dependent child, a surviving spouse receives benefits totaling 40
percent of the member's annual base salary.
3. If there are two or more dependent children, a surviving spouse receives benefits
totaling 50 percent of the member's annual base salary.
Example: If Kevin was paid $24,000 per year, his surviving spouse with no dependent
children would receive an annual benefit of $6,000. With one dependent child, Kevin's wife
would receive $9,600. This benefit increases to $12,000 per year for two or more dependent
children.
Benefits to a surviving spouse can be reduced or even eliminated under certain circumstances.
If a spouse remarries, for instance, benefits will end. Benefits will be reduced if
disbursements were received from the member's local money purchase plan.
Benefits are paid to dependent children alone if:
1. A member has no surviving spouse at the time of death, or
2. A surviving spouse remarries.
Benefits awarded depend on the number of dependent children, as follows:
1. One dependent child receives benefits totaling 25 percent of the member's annual
base salary.
2. Two dependent children receive combined benefits totaling 40 percent of the
member's annual base salary.
3. Three or more dependent children receive combined benefits totaling 50 percent of
the member's annual base salary.
Example: If Kevin, who again earned $24,000 per year had no surviving spouse at the time of
his death, his one dependent child would receive $6,000 per year. Two dependent children
would receive an annual benefit of $9,600. That benefit would be increased to $12,000 if
there were three or more dependent children.
Benefits to dependent children are paid as long as children are still dependent. A dependent
child as defined by FFPPA means:
"...an unmarried child under the age of 19 or, if such child is enrolled as a fulltime
student at an accredited institution of higher education, under the age of
23 and whatever age who is so mentally or physically incapacitated that he
cannot provide for himself. The term also includes a child who is conceived
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but unborn at the date of the member's death or the date of disability,
whichever applies. Any applicable increase in benefits will occur upon birth."
BENEFITS PAYMENTS AND COST-OF-LIVING ADJUSTMENTS
Survivor benefits are paid monthly. Each year, the FPPA Board of Directors determines
whether or not to award a cost-of-living adjustment (COLA). If a COLA is awarded, survivor
benefits may be increased by as much as three percent for each full year survivors have
received benefits.
HOW TO APPLY
A surviving spouse, dependent children, or the custodian of dependent children may apply for
survivor benefits by completing the proper application which is available from FPPA.
Because this may be difficult time for survivors, assistance in completing the application is
available from FPPA. Contact: Fire & Police Pension Association (FPPA), 5290 DTC
Parkway, Englewood, CO 80111, (800)332-3772.
Once the application has been completed, it should be returned to FPPA along with all
necessary supporting documentation. Benefit payments commence as soon as the
application has been approved by the FPPA Board of Directors.
EDUCATION BENEFITS
Dependent's tuition assistance is available through the Colorado Commission on Higher
Education. Tuition only is paid for 4 years or 8 semesters to a state funded Colorado
college or university. If a private college is attended assistance would be granted in the
amount that would be charged by a Colorado college or university. Contact: Colorado
Commission on Higher Education, 1300 Broadway, 2nd Floor, Denver, CO 80203,
(303)866-2723.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
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undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Colorado, the
death must have occurred since September 1998. These scholarships may be applied to
any course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: Colorado Department of Public Safety, Sandy Sayre,
telephone (866) 832-6258, fax (303) 273-1978, email sandy.sayre@cdps.state.co.us, or
visit the website at dcj.state.co.us/policecorps/
HEALTH BENEFITS
Varies depending upon police department benefits and health insurance plans or policies.
Contact your agency's Benefits Assistance Officer.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Colorado; however, waivers
are permitted.
A spouse or a spouse and child(ren) will receive 66 2/3% of the employee's wage, with a
minimum weekly payment of $108.06 and a maximum weekly payment of $432.25.
Benefits are subject to Social Security benefit offsets, excluding widows age 60 and older.
There is also a maximum burial allowance of $4,000.
Spouse receives a two-year lump sum payable upon remarriage if there are no dependent
children. Children are compensated until age 18, or beyond age 18 if physically or mentally
disabled, or until age 21 if full-time students.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
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compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board. Contact your agency's Benefits Assistance
Officer or locate an attorney specializing in Workers' Compensation Claims.
Or contact the Division of Workers' Compensation of the Department of Labor and
Employment, 1120 Lincoln Street, Suite #1200, Denver, CO 80203, telephone (303) 764-2929.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - Intestate and Succession - Rules apply to any part of decedent's
estate not effectively disposed of by will or otherwise. (15-11-101).
Portion not passing to surviving spouse passes to: (1) Issue equally if all of the same degree
of kinship to decedent or if not by representation to those of more remote degree; (2) if no
surviving issue, to parents equally; (3) if no surviving issue or parents, to issue of parents or
either of them, equally if all are of same degree of kinship to decedent or if not by
representation to those of more remote degree of kinship to decedent; (4) if no surviving issue,
parent, or issue of parents to grandparents or issue of grandparents, half to maternal side, half
to paternal side if there is no surviving grandparent or issue of grandparent on both sides
(issue of grandparents taking equally if of equal degree to decedent or by representation if of
more remote degree), all to one side if grandparents or issue of grandparents on only one side
survive; (5) if none of the above relatives survive, to nearest lineal ancestors and their issue
(issue taking equally if all of same degree to decedent or if not by representation). (15-11-
103).
One related to decedent through two lines is entitled to only single share based on relationship
entitling him to larger share. (15-11-114). Debts owed to decedent are not charged against
intestate share of any person except debtor. If debtor predeceases decedent, debt does not
affect intestate share of debtor's issue. (15-11-111). One who kills decedent and is convicted
of, or pleads guilty to, murder or manslaughter may not inherit or receive devises and estate
of decedent and property appointed by will of decedent and other property interest of
decedent pass as if killer had predeceased decedent. (15-11-803).
Surviving Spouse - Surviving spouse's share of intestate estate is: All if no surviving issue;
first $25,000 plus half of balance if all surviving issue not issue of surviving spouse, (15-11-
102). Surviving spouse has right to elect to take up one-half of augmented estate as defined in
15-11-102 if decedent domiciled in Colorado. (15-11-120(1)). Surviving spouse is entitled to
exempt property and family allowance whether or not elective share taken. (15-11-206). If
decedent is not domiciled in Colorado, spouse's right to elective share of property in Colorado
governed by law of decedent's domicile at death. (15-11-201(2)). One divorced from
decedent or whose marriage to decedent has been annulled is not surviving spouse unless
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remarriage allowance and homestead exemption may be waived, before or after marriage, by
writing signed and waiving spouse after fair disclosure. (15-11-204).
ABOUT FPPA
Fire & Police Pension Association is governed by a nine-member Board of Directors, FPPA is
an independent public body created in 1980 by the Colorado State Legislature to administer
the State Fire and Police Pension Plan. Contact: Fire & Police Pension Association
(FPPA), 5290 DTC Parkway, Englewood, CO 80111, (800)332-3772.
As such, FPPA serves over 10,000 police officers and firefighters employed by, or retired
from, over 170 Colorado departments. If you'd like more information about survivor benefits,
either contact FPPA directly or refer to the FPPA Handbook, copies of which have been
provided to all members.
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Colorado COPS, Mrs. Lynn Mossbrucker, President,
12590 West Gould Drive, Littleton, CO 80127, telephone 303-933-6265,
lynnsv4nvr4get@aol.com.
ADDITIONAL BENEFITS
Established in 1922, the Colorado Police Protective Association addresses the concerns of
the law enforcement community, including the concerns of the survivors of line-of-duty death.
The Association provides survivors with a death benefit as well as financial grants to the
family of association members killed in the line of duty. The purpose of these grants is to
cover some of the expense of attending the National Peace Officers' Memorial Service when
the officer's name is on the Roll Call of Heroes.
The CPPA also administers income produced by the William C. Mutter Memorial Trust in
Memory of Arthur D. Mutter. This trust was established to provide educational, job training,
financial counseling, and emergency subsistence for the families of a Colorado Peace Officer,
other than a Colorado State Patrol Officer, whose death is determined by the trustees to be
duty related.
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For more information about the William C. Mutter Memorial Trust in Memory of
Arthur D. Mutter and other benefits available to CPPA members, please contact
Executive Director Jay Houston at 1485 Kelly Johnson Blvd., Suite 230, Colorado
Springs, CO 80920, telephone (719) 590-9200 or (800) 320-2772; fax (719) 590-9294.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller