HomeMy WebLinkAbout650328.tiffTHOMAS A. RICHARDSON
ATTORNEY AT LAW
HARVARD BUILDING
92254 NINTH AVENUE
GREELEY, COLORADO
May 19, 1965
Mr. George Stout
Weld County General Hospital
Greeley, Colorado
WELD CO. COMMISSIONE$S
oREet,'•. COLO.
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MAY2 ! 1965
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Re: Proposed nsion Plan -
Hospital ; ployees
Dear Mr. Stout:
I have been requested to give my opinion on thoposed pension
plan for hospital employees.
I find no specific statute uthorizing a County
Hospital to enter into a pension n for s employees. However,
under 66-7-4(1) of Colorado Revise • =tat s, 1963, I find that,
"The public hospital board shall ha • exclusive control of the
expenditure of all moneys col ted t• he credit of the public
hospital fund x x x." Fur , 7-4 states that "The board of
hospital trustees shall powe o ap ' nt a suitable superintendent
or matron, or both, and cessary a istant, clerical and other help,
and shall fix their com sation, a shall in general carry out the
spirit and intent of thi rticle establishing and maintaining a
county public hospital".
Pensions a not granted primarily for the benefit of the recipients
thereof, but f•.I the bene it of the state or public good. If a pension
has no reasons • e relati•t to the public good, it is of course, a mere
private grant Id void; . if it serves a present public purpose, it
is not a mere • vate grJt even though as an incident to the accomplish-
ment of the pub —re recipients thereof may be personally benefited.
Bedford vs. White, Colo. 439. It has been held that "The benefits
to be received from a pension plan are a part of the compensation to
be received by an employee. McNichols v. City and County of Denver,
131 Colo. 246. Where a portion of salary is withheld from an employees
salary for deposit in a pension fund, the deducted portion amounts
merely to a reduction in salary and funds so withheld are public funds.
Bedford v. White, 106. Colo. 439. Further, employees may be given a
pension even though they have a pensionable status at the time the
pension act is adopted. McNichols v. Walton 120 Colo. 269.
In as much as there is no specific statute authorizing a county
hospital to have a pension plan, it is necessary to approve said pension
plan upon the theory that by statute the hospital board may "fix" the
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compensation of its employees; that a pension is a part of compensation,
and, further, that the public benefits from the plan as well as the
employee. This type of finding must be made by the board of trustees
prior to adopting the pension plan. If this type of finding is made,
it is my opinion, the Board has the authority to set up the plan
and it may apply to existing employees with service as well as new
employees to be hired.
Yours truly,
Thomas A. OIchardson
County Att *ney
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