CO Code § 24-51-1101 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 51 - Public Employees' Retirement Association|Part 11 - Employment After Retirement|§ 24-51-1101. Employment After Service Retirement - Report - Definitions - Repeal

  Except as otherwise provided in subsections (1.8), (1.9), and (5) of this section or part 17 of this article 51, a service retiree from any division may be employed by an employer, whether or not in a position subject to membership, and receive a salary without reduction in benefits if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement, and if:   Employment of more than four hours per day does not exceed one hundred ten days in the calendar year;    Employment of four hours or less per day does not exceed seven hundred twenty hours in the calendar year;    Employment consisting of a combination of daily and hourly employment does not exceed one hundred ten days per calendar year;    The service retiree is a member of the general assembly; or    The service retiree is working in a position that has been temporarily vacated by an employee who has been called into active duty in the armed forces of the United States.  (1.5) and (1.7) Repealed.    (1.8) (a) A service retiree who is hired by a state college or university or by an employer in the school or Denver public schools division of the association pursuant to subsection (1.8)(b) of this section and who is not subject to subsection (1.9) or (5) of this section may receive salary without reduction in benefits if employment of more than four hours per day does not exceed one hundred forty days in the calendar year, if employment of four hours or less per day does not exceed nine hundred sixteen hours in the calendar year, or if employment consisting of a combination of daily and hourly employment does not exceed one hundred forty days per calendar year, and if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.8)(a) who works for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).    A state college or university or an employer in the school or Denver public schools division may hire up to ten service retirees who are not subject to subsection (1.9) or (5) of this section in areas where the employer determines that there is a critical shortage of qualified candidates and that the service retiree has unique experience, skill, or qualifications that would benefit the employer. The employer shall notify the association upon hiring a service retiree pursuant to this subsection (1.8). A list of any and all service retirees employed by the employer shall be provided to the association at the start of each calendar year and shall be updated prior to any additional hirings during the same calendar year.    A state college or university or an employer in the school or Denver public schools division shall provide full payment of all employer contributions and all disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.8)(a) of this section.    A service retiree who is employed pursuant to this subsection (1.8) shall not be required to resume membership. Upon termination of such retiree's employment, there shall be no benefit calculation reflecting additional service credit or any increase in the highest average salary of such person.      For purposes of this subsection (1.8), "state college or university" means a postsecondary educational institution established and existing pursuant to section 5 of article VIII of the state constitution and title 23, C.R.S., and, for a postsecondary educational institution with more than one principal campus as specified in subparagraph (II) of this paragraph (e), the system administration of the postsecondary educational institution and each principal campus of the postsecondary educational institution. (e) (I) For purposes of this subsection (1.8), "state college or university" means a postsecondary educational institution established and existing pursuant to section 5 of article VIII of the state constitution and title 23, C.R.S., and, for a postsecondary educational institution with more than one principal campus as specified in subparagraph (II) of this paragraph (e), the system administration of the postsecondary educational institution and each principal campus of the postsecondary educational institution.    As used in this paragraph (e), "principal campus" means:   Each campus of the university of Colorado as described in section 23-20-101, C.R.S.;    Each institution of the Colorado state university system established in sections 23-31-101 and 23-31.5-101, C.R.S., but not including the online university established in section 23-31.3-101, C.R.S.; and    Each college included in the state system of community and technical colleges as listed in section 23-60-205, C.R.S.     (1.9) (a) (I) Subject to the provisions of subsection (1.9)(h) of this section, a service retiree who is a teacher, a school bus driver, or a school food services cook and is hired pursuant to subsection (1.9)(b) of this section by an employer in the school division of the association that satisfies the criteria specified in subsection (1.9)(a)(II) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.9)(a) who works for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).    The provisions of this subsection (1.9) apply only if:   The employer in the school division of the association that hires the service retiree is a rural school district as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area and the school district enrolls six thousand five hundred students or fewer in kindergarten through twelfth grade;    The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and    The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district.          An employer in the school division of the association that hires a service retiree pursuant to this subsection (1.9) shall notify the association upon hiring a service retiree pursuant to this subsection (1.9). A list of any and all service retirees employed by the employer shall be provided to the association at the start of each calendar year and shall be updated prior to any additional hirings during the same calendar year.    An employer in the school division of the association that hires a service retiree pursuant to this subsection (1.9) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.9)(a) of this section.    Any service retiree who is employed pursuant to this subsection (1.9) shall not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.    A service retiree who is employed pursuant to this subsection (1.9) shall not receive a health care premium subsidy pursuant to section 24-51-1206 during such employment.    Any service retiree who is employed pursuant to this subsection (1.9) shall be eligible to participate in the health plan offered by the employer in the school division while employed by the employer.    The period during which a service retiree may receive salary without reduction in benefits and without limitation in a calendar year pursuant to this subsection (1.9) shall not exceed six consecutive years from the date the service retiree began work pursuant to this subsection (1.9).    A teacher who retires before he or she has met the age and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (1.9) by the employer in the school division that was the teacher's last employer until two years after the teacher's date of retirement.    On or before December 1, 2020, the association shall submit a report to the finance committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (1.9). The employers in the school division of the association that employ teachers, school bus drivers, or school food services cooks pursuant to this subsection (1.9) shall provide information requested by the association for the purposes of the report. The report shall include:   The number of teachers, school bus drivers, and school food services cooks who have been employed after service retirement pursuant to this subsection (1.9) as of the date of the report;    The extent to which this subsection (1.9) has helped employers in the school division address teacher, school bus driver, and school food services cook shortages;    The costs, if any, to the association as a result of this subsection (1.9); and    Any other information deemed relevant by the association.       This subsection (1.9) is repealed, effective July 1, 2023.                   Salary from the employment, engagement, retention, or other use of a service retiree or DPS retiree in an individual capacity or of any entity owned or operated by a service retiree or affiliated party by an employer to perform any service as an employee, contract employee, consultant, independent contractor, or through any other arrangement, shall be subject to employer contributions but shall not be subject to member contributions. Effective January 1, 2011, such salary shall also be subject to working retiree contributions. Salary from employment by a retiree who is serving in a state elected official's position shall not be subject to employer contributions or working retiree contributions. Salary from employment of a retiree who is participating in an educational employees' optional retirement plan pursuant to article 54.5 of this title shall not be subject to working retiree contributions. (2.5) Repealed.    Any service retiree employed pursuant to this section shall not be eligible for disability retirement and survivor benefits during the employment period in which member contributions are not being made pursuant to the provisions of this section.    The provisions of this part 11 shall govern employment after service retirement except to the extent that specific provisions regarding portability and the effect of portability are provided in part 17 of this article.      Subject to subsection (5)(j) of this section, a service retiree who is a special service provider and is hired pursuant to this subsection (5) by a board of cooperative services that satisfies the criteria specified in subsection (5)(b) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer during the month of the effective date of retirement. A service retiree described in this subsection (5)(a) who works for any employer during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2). (5) (a) Subject to subsection (5)(j) of this section, a service retiree who is a special service provider and is hired pursuant to this subsection (5) by a board of cooperative services that satisfies the criteria specified in subsection (5)(b) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer during the month of the effective date of retirement. A service retiree described in this subsection (5)(a) who works for any employer during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).    This subsection (5) applies only if:   The board of cooperative services hires the service retiree to provide services in two or more rural school districts as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area;    The board of cooperative services hires the service retiree for the purpose of providing special services to students enrolled by the districts served by the board of cooperative services; and    The board of cooperative services determines that there is a critical shortage of qualified special service providers and that the service retiree has specific experience, skills, or qualifications that would benefit the students in the school districts served by the board of cooperative services.       A board of cooperative services that hires a service retiree pursuant to this subsection (5) shall notify the association before hiring the service retiree. A list of all service retirees employed by the board of cooperative services shall be provided to the association at the start of each calendar year and shall be updated prior to any additional hirings during the same calendar year.    The total number of service retirees hired by all boards of cooperative services pursuant to this subsection (5) during the time it is in effect shall not exceed forty. The association shall ensure that the boards of cooperative services do not hire more than forty service retirees pursuant to this subsection (5).    A board of cooperative services that hires a service retiree pursuant to this subsection (5) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (5)(a) of this section. In addition, a board of cooperative services that hires a service retiree pursuant to this subsection (5) shall make an additional monthly payment to the association in an amount equal to two percent of the salary paid to the service retiree.    Any service retiree who is employed pursuant to this subsection (5) shall not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.    A service retiree who is employed pursuant to this subsection (5) shall not receive a health care premium subsidy pursuant to section 24-51-1206 during such employment.    Any service retiree who is employed pursuant to this subsection (5) shall be eligible to participate in the health plan offered by the board of cooperative services or a school district served by the board of cooperative services while employed by the board of cooperative services.    The period during which a service retiree may receive salary without reduction in benefits and without limitation in a calendar year pursuant to this subsection (5) shall not exceed five consecutive years from the date the service retiree began work pursuant to this subsection (5).    A special service provider who retires before he or she has met the age and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (5) by the board of cooperative services that was the special service provider's last employer until two years after his or her date of retirement.    On or before December 1, 2023, the association shall submit a report to the finance committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (5). The boards of cooperative services that employ special service providers pursuant to this subsection (5) shall provide information requested by the association for the purposes of the report. The report shall include:   The number of special service providers who have been employed after service retirement pursuant to this subsection (5) as of the date of the report;    The extent to which this subsection (5) has helped boards of cooperative services address shortages of school special service providers;    The costs, if any, to the association as a result of this subsection (5); and    Any other information deemed relevant by the association.       As used in this subsection (5):   "Board of cooperative services" has the same meaning as set forth in section 22-5-103 (2).    "Employer" has the same meaning as set forth in section 24-51-101 (20).    "Special service provider" means a person who is employed by a board of cooperative services to provide special services to students in the school districts within the geographic region served by the board of cooperative services.       This subsection (5) is repealed, effective July 1, 2025.        Source: L. 87: Entire article R&RE, p. 1073, § 1, effective July 1. L. 90: IP(1) amended, p. 1249, § 9, effective April 5. L. 91: Entire section amended, p. 877, § 10, effective July 1. L. 92: (1)(a) and (1)(b) amended, p. 1109, § 6, effective May 14. L. 94: IP(1) amended, p. 2579, § 1, effective June 3. L. 97: IP(1) amended, p. 778, § 13, effective July 1. L. 2000: Entire section amended, p. 1595, § 2, effective July 1. L. 2001: (1.5)(a) amended, p. 54, § 1, effective July 1. L. 2002: IP(1) amended and (1.7) added, p. 190, § 2, effective April 3. L. 2003: (1.5)(b) and (2.5)(b) amended, p. 2179, § 2, effective June 3; IP(1) and (1.5)(a) amended, p. 2658, § 5, effective June 5; (1)(e) added, p. 2610, § 9, effective June 5. L. 2004: (2) and (3) amended, p. 1947, § 21, effective July 1, 2005. L. 2005: (2) amended, p. 901, § 2, effective June 2. L. 2006: (2) amended, p. 1188, § 22, effective May 25. L. 2009: IP(1) amended and (4) added, (SB 09-282), ch. 288, p. 1347, § 42, effective January 1, 2010. L. 2010: (1.8)(e) amended, (SB 10-003), ch. 391, p. 1856, § 36, effective June 9; IP(1) amended, (HB 10-1422), ch. 419, p. 2086, § 73, effective August 11; IP(1) and (2) amended and (1.8) added, (SB 10-001), ch. 2, p. 22, § 24, effective January 1, 2011. L. 2012: (1.8)(e)(II)(B) amended, (HB 12-1220), ch. 100, p. 337, § 14, effective August 8. L. 2017: IP(1), (1.8)(a), (1.8)(b), and (1.8)(c) amended and (1.9) added, (HB 17-1176), ch. 397, p. 2072, § 1, effective June 6. L. 2020: IP(1), (1.8)(a), and (1.8)(b) amended and (5) added, (HB 20-1127), ch. 283, p. 1381, § 2, effective September 14.   Editor's note: (1) This section is similar to former §§ 24-51-134 and 24-51-223 as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.   (2)(a) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2005. (SeeL. 2003, p. 2179.)   (b) Subsection (1.7)(g) provided for the repeal of subsection (1.7), effective July 1, 2005. (SeeL. 2002, p. 190.)   (c) Subsection (2.5)(b) provided for the repeal of subsection (2.5), effective July 1, 2005. (SeeL. 2003, p. 2179.)   (3) Amendments to the introductory portion to subsection (1) by Senate Bill 10-001 and House Bill 10-1422 were harmonized.   Cross references: (1) For the legislative declaration in the 2010 act amending subsection (1.8)(e), see section 1 of chapter 391, Session Laws of Colorado 2010.   (2) For the legislative declaration in HB 20-1127, see section 1 of chapter 283, Session Laws of Colorado 2020.