CO Code § 31-31-406 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 31 - Fire - Police - New Hire Pension Plans|Part 4 - Statewide Defined Benefit Plan|§ 31-31-406. Separate Retirement Accounts - Administration

  Any member having a separate retirement account who terminates service and at the time of termination has less than five years of credited service or who terminates service and at the time of termination has more than five years of credited service but elects a refund of contributions as provided under section 31-31-404 (1)(a) shall forfeit the entire balance in the member's separate retirement account to the actuarial account.      Any member having a separate retirement account who is retired for disability shall receive the entire balance in the member's separate retirement account in accordance with the member's selection of one of the payment options permitted by subsection (3) of this section or pursuant to rules promulgated by the board that allow members who are eligible to receive retirement benefits to defer receipt of the benefits to the extent permitted under section 401 of the federal “Internal Revenue Code of 1986”, 26 U.S.C. sec. 401 , as amended, and the regulations promulgated pursuant to section 401 If the member subsequently returns to work pursuant to section 31-31-805 (2) and had been receiving periodic payments from the member's separate retirement account, such payments shall cease and any remaining balance shall remain in the member's separate retirement account, subject to subsequent distribution in accordance with this section.    If any member having a separate retirement account dies prior to termination, the entire balance in the member's separate retirement account shall be payable to the member's surviving spouse or dependent children in accordance with their selection of one of the payment options permitted by subsection (3) of this section.       Any member retiring pursuant to the provisions of section 31-31-403 or 31-31-404 (2) may elect to receive the balance in the member's separate retirement account in accordance with one of the following payment options:   Option 1: In a lump sum;    Option 2: In periodic installments of a specified and substantially equal amount, payable monthly over a period not to exceed the joint life expectancy of the member and the member's spouse. This maximum period shall be determined under the applicable actuarial tables then being used by the association at the time the initial monthly installment payment becomes payable.    Option 3: In an annuity. The member may choose an annuity payable to the member for life or may choose any of the joint and survivor options permitted by section 31-31-403 (5)(a).       A member may elect to take a distribution of the amount in the member's separate retirement account at any time after the member terminates service and in accordance with the rules adopted by the board. Members terminating service and electing a distribution or partial distribution are no longer eligible to elect a refund of contributions.    The restoration of a member's service credit pursuant to section 31-31-404 (1)(b) shall not entitle the member to reinstatement of any previously forfeited balance in the member's separate retirement account.    Repealed.    The balance in a member's separate retirement account, the member's accumulated contributions to the account, and the earnings on the account shall be paid to the member's estate if the member:   Dies while in active service; and    (Deleted by amendment, L. 2020.)    Does not leave a surviving spouse, dependent child, or designated beneficiary.    (Deleted by amendment, L. 2020.)         History. Source: L. 96: Entire article added with relocations, p. 909, § 1, effective May 23; (2) amended, p. 1342, § 7, effective June 1. L. 2001: (2)(a) and (4) amended and (7) added, p. 419, § 6, effective June 1. L. 2003: (1), (6), and (7)(b) amended, p. 742, § 4, effective August 6. L. 2020: (4) and (7) amended and (6) repealed,(HB 20-1044), ch. 105, p. 409, § 6, effective September 14.    Editor's note:   This section was formerly numbered as § 31-30-1018 .