Employer Question: What is an Active Member?

It sounds like a philosophical question, but it actually comes up quite often from FPPA’s Employer contacts across the state… which employees at my department qualify for FPPA membership? With the widely varied jobs that make up a typical fire, police, or sheriff department, it can be challenging to pin down exactly what constitutes an active Member in FPPA’s plans.

It’s an important question, too! Correctly identifying which employees meet this definition is critical to determining who is eligible for FPPA’s retirement and death and disability benefits, and who may receive benefits from a different provider.

So, to help determine whether a particular position is eligible for FPPA Membership, let’s start with the technical definition of Member, as written in state law.

Active Member Definition, according to CRS 31-31.5-101(F)

“Member” means an active employee who is a full-time salaried employee of a municipality, fire protection district, fire authority, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the member’s employer. “Member” also includes an active employee who works less than sixteen hundred hours per year but otherwise qualifies as a member and whose employer elects to treat all such other similar employees as members. The term does not include clerical or other personnel whose services are auxiliary to police protection, or any volunteer firefighter, as such term is defined in section 31-30-1102 (9). For the purpose of participation in the statewide defined benefit plan pursuant to part 4 of article 31 of this title 31, or the statewide money purchase plan pursuant to part 5 of article 31 of this title 31, but not for the purpose of participation in the statewide death and disability plan pursuant to part 8 of article 31 of this title 31, the term may include clerical or other personnel employed by a fire protection district, fire authority, or county improvement district, whose services are auxiliary to fire protection. For the purpose of eligibility for disability or survivor benefits, “member” includes any employee on an authorized leave of absence.

[Editors note: the wording, but not the meaning, of this definition was modified by HB24-1042 which was signed into law in early 2024. The language above will be updated when revised statutes are published]

Now, there’s a lot of technical jargon included in that legal definition, so let’s break it down a bit.

Active Member Definition, According to FPPA

Laid out more simply, active, full-time Members must:

• Work for an FPPA-affiliated employer at least 1,600 hours each year, or their position must include an intended workload of 1,600 hours per year
  • This is just under 31 hours per week
• Perform the specific duties of either law enforcement or fire protection
  • For police and sheriff’s departments, this includes things like having arrest powers, carrying a weapon as part of your duties, and POST certification
  • For fire departments, this often boils down to whether an employee is issued bunker or SCUBA gear, and whether their duties are primarily involved in fire protection
• As confirmed to FPPA by their Employer

That last point is very important. Since FPPA cannot verify the specific duties of our individual Members, we rely on employers to certify the official duties for each position at their department. These certifications apply to everyone who holds a specific position.

If a Member meets the criteria above, then typically they are eligible to enroll in FPPA’s Statewide Retirement Plan and Statewide Death & Disability Plan.

Differences for Part-Time Members

The standards for part-time membership are generally the same as above, except that the employee’s position calls for fewer than 1,600 working hours per year. However, there is one distinction: the Member must have regularly scheduled work hours; therefore, this definition does not apply for seasonal or temporary employment.

Qualified part-time police officers, peace officers, or firefighters are eligible to enroll in FPPA’s plans in the following ways:

• If their department enrolls its full-time employees in FPPA pension and Death & Disability Plans, then part-time Members can also join the Death & Disability Plan, but must join the Statewide Money Purchase Plan for retirement benefits
• If their department enrolls its full-time employees in a local money purchase plan for retirement benefits, then part-time Members can only join FPPA’s Death & Disability Plan, but only if they are also enrolled in the local money purchase plan

Which Positions Do Not Qualify for FPPA Membership?

As mentioned above, since all departments are different and employers self certify their Members’ eligibility, the list below might not be accurate for everyone. But typically, these common positions do not qualify for FPPA membership:

• Dispatch
• EMS/EMTs
• Sheriff’s department/corrections employees who are not required to pass a Fitness for Duty test
• Members of departments that do not meet the definition of Employer

How Can I Determine if a Certain Position Qualifies?

If you’re unsure whether a particular job description qualifies for FPPA membership, reach out to our staff. Our Relationship Management and Employer Solutions teams are well versed in the nuances of the official definition for Member and can help answer your questions.

Disclaimer

The plain language descriptions in this post are not official definitions. Official rules, regulations and statutes apply.