(1) (a) The employer of a member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that:
The member's occupational or total disability existed at the commencement of employment by the employer, or the occupational or total disability is the proximate consequence or result of a medical condition that existed at the commencement of employment by the employer, and such employment commenced on or after September 1, 1989;
The employment was not ordered by a court; and
The employer failed to require the member to complete and file the health formrequired by subsection (1)(c) of this section.
The board shall enforce a claim for repayment against the employer by either increasing the contribution of the employer under section 31-31-402 (2) or by the commencement and prosecution of a civil action. The choice of remedies shall be in the sole discretion of the board.
(I) Every newly hired member shall complete a health history on the statewide standard health history form, described in subsection (1)(c)(III) of this section.
Every employer shall require completion of the statewide standard health historyform by the newly hired member within thirty days of the first date of employment. The completed form shall be filed with the fire and police pension association within sixty days from commencement of employment if filed by the employer after completion.
The board shall adopt, pursuant to the authority granted it by section 31-31-202 (1)(j), a statewide standard health history form. The board may revise the form from time to time and may adopt an electronic format for completing and filing the form.
Any member who fraudulently conceals any material fact concerning health historywhen completing the form may be disqualified from receiving an award of disability benefits under this section if the board determines that the condition concealed by the member proximately caused the total or occupational disability.
Any member shall be ineligible for disability benefits with respect to an occupational or total disability that is the proximate consequence or result of a pre-existing and permanent medical condition.
(2) (a) The employer of a deceased member shall be liable for the total payment of benefits awarded under this part 8 if the board determines that:
The member was occupationally or totally disabled at the time of the commencementof employment by the employer, or had a medical condition at the time of the commencement of employment by the employer, and such employment commenced on or after September 1, 1989;
Such preexisting disability or medical condition was the proximate cause of the death of the member;
The employment was not ordered by a court; and
The employer failed to require the member to complete and file the health formrequired by subsection (1)(c) of this section.
The board shall enforce a claim for repayment against the employer either by increasing the contribution of the employer under section 31-31-402 (2) or by the commencement and prosecution of a civil action. The choice of remedies shall be in the sole discretion of the board.
(I) The surviving spouse and dependent children of a member, whose employer filedthe statewide standard health history form pursuant to paragraph (c) of subsection (1) of this section, may be disqualified from receiving an award of survivor benefits under this section if the deceased member fraudulently concealed any material fact concerning the member's health history when completing the form, and the board determines that the condition concealed by the member proximately caused the death of the member.
(II) The surviving spouse and dependent children of any member shall be ineligible for an award of survivor benefits in the event the member's death is the proximate consequence or result of a pre-existing and permanent medical condition.
Source: L. 96: Entire article added with relocations, p. 934, § 1, effective May 23. L. 2016: (1)(c)(II) amended, (HB 16-1028), ch. 25, p. 60, § 2, effective August 10. L. 2018: (1)(a)(III), (1)(c)(I), (1)(c)(II), (1)(c)(III), (1)(c)(V), (2)(a)(IV), and (2)(c)(II) amended, (HB 181056), ch. 116, p. 813, § 1, effective August 8.
Editor's note: Provisions of this section were formerly numbered as §§ 31-30-1007 (6) and 31-30-1008 (2).