(1) As used in this section, "internal revenue code" means the federal "Internal Revenue Code of 1986", as amended.
(2) Any volunteer firefighter pension plan established by this part 11 to provide retirement benefits for volunteer firefighters shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans. In order to meet those requirements, such plans are subject to the following provisions, notwithstanding any other provision of this part 11:
The board shall distribute the corpus and income of the pension plan to members andtheir beneficiaries in accordance with this part 11 and the rules adopted by the board.
No part of the corpus or income of the pension plan may be used for or diverted toany purpose other than that of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the pension plan, except for an assignment for child support debt pursuant to section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., and except for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., and a writ of garnishment that is the result of a judgment taken for arrearages for child support or for child support debt.
(3) A board may adopt any provision for a plan that is necessary to comply with the internal revenue code.
Source: L. 98: Entire section added, p. 22, § 1, effective March 16. L. 2006: (2)(b) amended, p. 179, § 2, effective March 31. L. 2009: Entire section amended, (HB 09-1030), ch. 16, p. 87, § 1, effective August 5.