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Colorado State Patrol Association

10-78 Benefit FAQs
What does the 10-78 Benefit cover?

The benefit covers up to $25,000 of an eligible member’s personal liability for a judgement or settlement from a claim brought under C.R.S § 13-21-131.

Section 13-21-131(4) provides that, “…a peace officer’s employer shall indemnify its peace officers for any liability incurred by the peace officer and for any judgment or settlement entered against the peace officer for claims arising pursuant to this section.”

However, “…if the peace officer’s employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable and shall not be indemnified by the peace officer’s employer for five percent of the judgment or settlement or twenty-five thousand dollars, whichever is less.”

In other words, if the peace officer’s employer determines that the officer did not act upon a good faith and reasonable belief that his or her action was lawful, then the peace officer is responsible for 5% (five percent) of the total judgment or settlement, or for $25,000 (twenty-five thousand dollars) whichever is less.   The peace officer’s employer is responsible for paying the remainder of the judgment or settlement.

For example, if a claim is settled for $250,000, the peace officer would be responsible for 5% of the settlement, or $12,500.  If a claim is settled for $500,000 or above, the peace officer would be responsible for $25,000.

The benefit only covers claims arising from C.R.S. § 13-21-131, and does NOT cover any other judgements, settlements, or claims from other civil suits the eligible member is involved in.

Is this an insurance policy?

No, the 10-78 Benefit is NOT an insurance policy.  The 10-78 Benefit is a benefit that is a separate benefit administered by the Colorado State Patrol Association’s (CSPA) Executive Board.  The benefit is provided by the Colorado State Patrol Association (CSPA) to its uniformed members who meet the description of a “Colorado State Patrol Officer” as described in C.R.S § 16-2.5-114 and in C.R.S. § 24-31-901(3).

16-2.5-114. Colorado State Patrol Officer. A Colorado State Patrol Officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212, C.R.S., and who shall be certified by the P.O.S.T. board.

24-31-901(3) “PEACE OFFICER” means any person employed by a political subdivision of the STATE required to be certified by the P.O.S.T. Board pursuant to section 16-2.5-102, a COLORADO STATE PATROL OFFICER as described in section 16-2.5-114, and any noncertified deputy sheriff as described in section 16-2.5-103 (2).

Who is eligible for this benefit?

Colorado State Troopers, as defined in C.R.S. § 16-2.5-114, who are members of the Colorado State Patrol Association (CSPA) are eligible for this benefit.

What are the requirements to be eligible for the benefit?
  • The trooper must be a member of the Colorado State Patrol Association (CSPA) in good standing. Good standing is defined as having no outstanding membership dues that are over 45 days delinquent.
  • The trooper is required to have the Association’s approved supplemental legal coverage. The trooper must have the approved supplemental legal coverage at the date and time of the incident that caused a judgement against the trooper.  A trooper who is not a member of Association, or a member of the Association who does NOT have the approved supplemental legal coverage at the date and time of the incident, CANNOT retroactively sign-up for the coverage to be eligible for the 10-78 Benefit.  The requirement to maintain the Association’s approved supplemental legal coverage will not apply to any member who retires, resigns, or is fired.
  • The trooper’s appointing authority must have decided as per C.R.S. 13-21-131, “THAT, IF THE OFFICER’S EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE PEACE OFFICER’S EMPLOYER FOR FIVE PERCENT OF THE JUDGEMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS.”
  • The trooper will be required to notify the Association in writing within 15-calendar days after they are notified that they are a named party in any civil suit or litigation arising from C.R.S. 13-21-131. The member will be required to update the Association in writing of any changes to the civil suit within 15-calendar days of the change, or at any time when requested to do so in writing by a member of the Association’s Executive Board.  The Association’s Executive Board consists of the President, Vice-President, and Treasurer.
  • The trooper will be required to keep an updated PERSONAL email of record on file (no @co.state.us email addresses) and opt-in to receiving text messaging to a PERSONAL cellphone (no state cellphone numbers) for benefit information and updates.
  • The trooper is required to opt-in to the 10-78 Benefit and must acknowledge that they have read and agreed to the benefit’s terms and conditions to be eligible for the benefit.
Can an eligible member be denied the benefit?

Yes.  The Association’s Executive Board can deny the benefit in certain situations.

What situations would cause the Association’s Executive Board to deny an eligible member’s benefit request?

Any violation of the law that results in a trooper being convicted of a criminal violation of the law for the conduct or incident from which the claim arises, then there will be no payout of the benefit. 

Failure of the member to maintain any of the six required items in the benefit’s eligibility requirements.  The requirement to maintain the Association’s approved supplemental legal coverage will not apply to any member who retires, resigns, or is fired. 

Who decides if I get the benefit?

The Colorado State Patrol Association’s (CSPA) Executive Board.  The Executive Board consists of the Association’s President, Vice-President, and Treasurer.  A 2/3’s vote from the Executive Board is required for the approval of a benefit payout.

Can I appeal the Executive Board’s decision if I’m denied a benefit claim payout?

Yes.  A member can appeal a denied benefit claim to a mutually agreed upon arbitration service.  The member filing the appeal will be responsible for all cost of the arbitration hearing.

Is this benefit part of the Association’s approved supplemental legal coverage?

No.  The 10-78 Benefit is NOT part of our supplemental legal coverage.  The benefit is a separate benefit administered by the Colorado State Patrol Association’s (CSPA) Executive Board.  However, you are required to have our approved supplemental legal coverage as part of our terms & conditions to be eligible for the benefit.

Why am I required to have the Association’s approved supplemental legal coverage in order to be eligible for the benefit?

The real question is, why wouldn’t you want to have our approved supplemental legal coverage?  As a professional law enforcement officer operating in the current world we live in, legal coverage should be part of your personal officer safety kit alongside your bullet-proof vest and duty weapon.  You will never know how important legal coverage is until you truly need it.  Protect yourself, your family, and your career by having quality legal coverage already in place when you need it most.  Our supplemental legal coverage will provide you with peace of mind, support, and will help you navigate the incident and potentially help you to avoid needing this benefit.  That is why our supplemental legal coverage is required to be eligible for this benefit.  For more information about our supplemental legal coverage visit, costatepatrol.org.

Is the benefit already included in my membership dues or does it cost extra?

The benefit is already included in your monthly membership dues and does not cost extra.  However, the benefit does contain certain terms & conditions.  To be covered under the benefit, you must opt-in to the benefit and agree to abide by its terms & conditions. 

When will the 10-78 Benefit go live as a benefit to its eligible members?

The start date of the 10-78 Benefit will be August 1st, 2021.  Members of the Colorado State Patrol Association (CSPA) who are state troopers will receive have an email sent to their personal email account with sign-up information.  This is why keeping a current personal email account on file is a condition of eligibility.  State troopers who are not a member of the association and would like to join the association to take advantage of this benefit can email support@costatepatrol.org.

I’m a member of the Association, but I don’t have the supplemental legal coverage. How do I sign-up for the supplemental legal coverage?

Information about our supplemental legal coverage can be found here, costatepatrol.org.  More information can also be found here, plea.net.  To enroll in our supplemental legal coverage email support@costatepatrol.org.

I’m already a member of the Association with the supplemental legal defense. How do I opt-in to the benefit?

You will need to opt-in to the benefit by submitting the 10-78 Benefit Opt-In Form. Once the form is submitted with all the necessary information, you will be eligible for the benefit. You will get a confirmation message confirming your eligibility.

Can I opt-out of the benefit?

Yes.  Any eligible member who has opted-in to the benefit can opt-out of the benefit.  The member will lose the ability to apply for the benefit until they opt back in to the benefit and meet all eligibility requirements.

Can the Association’s Executive Board change the terms & conditions of this benefit?

Yes.  The Association’s Executive Board can update the terms & conditions of the benefit as future changes to the law(s) are enacted by the legislature. 

Any benefit claims submitted to the Executive Board will be processed under the terms & conditions that were current and active on the date the claim was submitted. 

Members who have opted-in to the benefit will be notified by email of any changes to the terms & conditions.   This is why keeping a current personal email account on file is a condition of eligibility.

What happens if I’m delinquent on my membership dues?

When an eligible member’s dues are delinquent by 30 days, an email and text message will be sent to the member.  The member will have 15 days from the date of the email and text message to correct their delinquent account.  An eligible member will lose their eligibility for the benefit when their account is delinquent by more than 45 days.  This is why keeping a current personal email account on file and allowing mobile texting to a personal cellphone is a condition of eligibility.

What happens if I retire from the Colorado State Patrol, and I’m involved in a liability proceeding under C.R.S. § 13-21-131 that occurs after my retirement for an event that occurred prior to my retirement? Am I still eligible for the benefit?

Yes.  As long as you were an eligible member of the Association who had opted-in to the benefit and met all the requirements for the benefit on the date and time that the incident occurred, and as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit.

Under C.R.S. § 13-21-131(5), “A civil action pursuant to this section must be commenced within two years after the cause of action accrues.”

Based on the date of the incident, a person has two years to file a civil suit against a member.  As long as the retired member was eligible for the benefit on the date and time that the incident occurred, the member is still eligible for the benefit, as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit.  The retired member is still required, in retirement, to meet the following eligibility requirements:

  • The trooper’s appointing authority must have decided as per C.R.S. § 13-21-131, “THAT, IF THE OFFICER’S EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE PEACE OFFICER’S EMPLOYER FOR FIVE PERCENT OF THE JUDGEMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS.” 
  • The retired trooper will be required to notify the Association in writing within 15-calendar days after they are notified that they are a named party in any civil suit or litigation arising from C.R.S. § 13-21-131. The retired member will be required to update the Association in writing of any changes to the civil suit within 15-calendar days of the change, or at any time when requested to do so in writing by a member of the Association’s Executive Board. 
  • The retired trooper will be required to keep an updated PERSONAL email of record on file and opt-in to receiving text messaging to a PERSONAL cellphone (no state cellphone numbers) for benefit information and updates. 

The retired trooper, who has a lawsuit levied against them while in retirement, will be eligible for the benefit until the case reaches its conclusion as long as the retired member meets the three eligibility requirements listed above. 

For all eligible retired troopers in retirement, who do not have lawsuits levied against them, the benefit will expire two years from the date of their retirement.

What happens if I resign from the Colorado State Patrol, and I’m involved in a liability proceeding that occurs after my resignation for an event that occurred prior to my resignation? Am I still eligible for the benefit?

Yes.  As long as you were an eligible member of the Association who had opted-in to the benefit and met all the requirements for the benefit on the date and time that the incident occurred, and as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit. 

Under C.R.S. § 13-21-131(5), “A civil action pursuant to this section must be commenced within two years after the cause of action accrues.” 

Based on the date of the incident, a person has two years to file a civil suit against a member.  As long as the member who resigned was eligible for the benefit on the date and time the incident occurred, the member who resigned is still eligible for the benefit, as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit. 

The member who resigned is still required to meet the following eligibility requirements: 

  • The trooper’s appointing authority must have decided as per C.R.S. § 13-21-131, “THAT, IF THE OFFICER’S EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE PEACE OFFICER’S EMPLOYER FOR FIVE PERCENT OF THE JUDGEMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS.” 
  • The resigned trooper will be required to notify the Association in writing within 15-calendar days after they are notified that they are a named party in any civil suit or litigation arising from C.R.S. § 13-21-131. The resigned trooper will be required to update the Association in writing of any changes to the civil suit within 15-calendar days of the change, or at any time when requested to do so in writing by a member of the Association’s Executive Board. 
  • The resigned trooper will be required to keep an updated PERSONAL email of record on file and opt-in to receiving text messaging to a PERSONAL cellphone (no state cellphone numbers) for benefit information and updates. 

The resigned trooper, who has a civil suit levied against them, will be eligible for the benefit until the case reaches its conclusion, as long as the resigned trooper meets the three eligibility requirements listed above. 

For all eligible troopers who have resigned, who do NOT have lawsuits levied against them, the benefit will expire two years from the effective date of their resignation.

What happens if an eligible member resigns or gets fired from the Colorado State Patrol for an incident under C.R.S. § 13-21-131? Are they still eligible for the benefit?

Yes.  As long as the person was an eligible member of the Association who had opted-in to the benefit and met all the requirements for the benefit on the date and time that the incident occurred, and as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit.

Under C.R.S. § 13-21-131(5), “A civil action pursuant to this section must be commenced within two years after the cause of action accrues.”

Based on the date of the incident, a person has two years to file a civil suit against a member.  As long as the member who resigned or was fired was eligible for the benefit on the date and time that the incident occurred, the member who resigned or was fired is still eligible for the benefit, as long as the member’s actions are not subject to any condition(s) that would cause a denial of the benefit.

The member who resigned or was fired is still required to meet the following eligibility requirements:

  • The trooper’s appointing authority must have decided as per C.R.S. § 13-21-131, “THAT, IF THE OFFICER’S EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE PEACE OFFICER’S EMPLOYER FOR FIVE PERCENT OF THE JUDGEMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS.”
  • The resigned or fired trooper will be required to notify the Association in writing within 15-calendar days after they are notified that they are a named party in any civil suit or litigation arising from C.R.S. § 13-21-131. The resigned or fired trooper will be required to update the Association in writing of any changes to the civil suit within 15-calendar days of the change, or at any time when requested to do so in writing by a member of the Association’s Executive Board.
  • The resigned or fired trooper will be required to keep an updated PERSONAL email of record on file and opt-in to receiving text messaging to a PERSONAL cellphone (no state cellphone numbers) for benefit information and updates.

The resigned or fired trooper, who has a lawsuit levied against them, will be eligible for the benefit until the case reaches its conclusion, as long as the resigned or fired trooper meets the three eligibility requirements listed above.

For all eligible resigned or fired troopers, who do not have lawsuits levied against them, the benefit will expire two years from the effective date of the resignation or firing.

How do I apply for the benefit if I have a personal liability judgement awarded against me?

You must notify the Association’s Executive Board in writing of the final judgement against you within 15 calendar days. Upon receipt of the notification, a 10-78 Benefit Request Packet will be emailed to you.  The 10-78 Benefit Request Packet must be returned via email within 7 calendar days.  Upon receipt of the returned request packet, the Association’s Executive Board has 15 calendar days to either approve or deny the benefit.  A member will be notified by email of the approval or denial of the benefit.  Funds will be dispersed via check within 5 working days of an approved request.

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