CO Code § 24-51-204 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 51 - Public Employees' Retirement Association|Part 2 - Administration|§ 24-51-204. Duties of the Board

  The trustees shall elect from among themselves a chairman and any other officers as may be necessary for the board to carry out its duties and responsibilities.    The board shall set the time and place for meetings and conduct those meetings in accordance with the provisions of part 4 of article 6 of this title and shall maintain a record of its proceedings.    No vote of the board shall take place without a quorum present.    The board shall appoint and set the compensation for an executive director to administer the association.    The board shall adopt and promulgate such rules for the administration of the association and to specify the factors to be used in actuarial determinations or calculations required by this article. All rules shall be promulgated in accordance with the provisions of section 24-4-103, and such rules shall be consistent with the provisions of this article or other provisions of law.    The board shall submit to and the state auditor shall conduct or cause to be conducted financial and performance audits of all financial transactions and accounts kept by or for the association in a manner consistent with the requirements set forth in section 2-3-103, C.R.S.      The board or its designated agent shall submit an annual actuarial valuation report to the legislative audit committee and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities that have accrued. (7) (a) The board or its designated agent shall submit an annual actuarial valuation report to the legislative audit committee and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities that have accrued.    In the annual actuarial valuation, the board shall first determine the total aggregate actuarial funded ratio of the association, apply the adjustments pursuant to section 24-51-1009.5, and then determine the actuarial funded ratio of each division separately.   (7.5) (a) The board or its designated agent shall perform an annual sensitivity analysis to determine when, from an actuarial perspective, model assumptions are meeting targets and achieving sustainability. In furtherance of making this determination, the board or its designated agent shall examine the data that the association currently collects. The board or its designated agent shall deliver an annual report detailing the findings of the analysis to the office of the governor, the joint budget committee, the legislative audit committee, and the finance committees of the senate and the house of representatives, or any successor committees.    For purposes of the analysis required by subsection (7.5)(a) of this section, the association shall provide access to official member information and data under a confidentiality agreement with its designated agent, if applicable.          The board or its designated agent shall prepare and transmit annually a report to the governor regarding the policies, financial condition, and administration of the association.    The board shall obtain, and the association shall pay for, insurance or shall self-insure against liability which arises out of, or in connection with, the performance of duties by any trustee or employee of the association.    The board shall perform all duties imposed on it by law, including but not limited to administering the provisions of the DPS plan for qualifying DPS members. The board shall not be liable for actions of members that do not comply with court orders.    The board shall be immune from claims arising from the enforcement and implementation of laws regarding the consolidation or merger of retirement plans under its administration that are made a part of the association.     Source: L. 87: Entire article R&RE, p. 1047, § 1, effective July 1. L. 97: (5) amended, p. 63, § 1, effective July 1. L. 2000: (8) amended, p. 1552, § 28, effective August 2. L. 2009: (10) amended and (11) added, (SB 09-282), ch. 288, p. 1334, § 4, effective May 21. L. 2010: (7) amended, (SB 10-001), ch. 2, p. 5, § 3, effective January 1, 2011. L. 2018: (7.5) added, (SB 18-200), ch. 370, p. 2238, § 3, effective June 4.   Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.   ANNOTATION   <b> Rule-making power is limited </b> to making rules for the administration of the fund and for the transaction of the business of the association and is subject to the limitations of this part and of the law. A rule that determines when a right that has arisen under an act passed by the general assembly shall cease to exist, though the legislative body itself has not seen fit to place any time limit upon the right granted, goes further than section permits. If such a limitation is to be imposed, it must be by legislative act and not by administrative rule. Annear v. McKelvey, 100Colo. 213, 66 P.2d 536 (1937) (decided under former <cite class="occo"><a href="gov.co.crs.title.24.html#t24-publicemployees'retirementsystems-ar51-s24-51-103" target="_self">§ 24-51-103</a></cite> as it existed prior to the 1987 repeal and reenactment of this article).