reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1714 - Eligibility - retirements requiring actuarial reduction

(1)
This section shall only apply to DPS members who have five or more years of service credit as of January 1, 2011. For DPS members who have less than five years of service credit as of January 1, 2011, eligibility for retirement requiring an actuarial reduction shall be governed by section
24-51-604
.
(2)
Whenever a contributing member or affiliate member pursuant to the DPS plan has completed a period of twenty-five years of active service with the district but has not attained the age of fifty-five years, said member shall be eligible for retirement for superannuation but with reduced benefits in accordance with the applicable provisions of section
24-51-1715
. Any such retirement shall be voluntary and reflect the choice of the member.
(3)
Whenever a contributing member or affiliate member pursuant to the DPS plan has completed a period of fifteen years of active service with the district and has attained the age of fifty-five years while in the service of the district, said member shall be eligible for retirement for superannuation but with reduced benefits in accordance with the applicable provisions of section
24-51-1715
. Any such retirement shall be voluntary and reflect the choice of the contributing member.
(4)
Whenever a contributing member or affiliate member pursuant to the DPS plan has completed a period of thirty years of active service with the district but has not attained the age of fifty years, said contributing member shall nevertheless be eligible for retirement for superannuation but with reduced benefits in accordance with the applicable provisions of section
24-51-1715
. Any such retirement shall be voluntary and reflect the choice of the member.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1367, § 56, effective 1/1/2010. L. 2010: Entire section amended, (SB 10 -001), ch. 2, p. 26, § 28, effective 1/1/2011.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1716 - Optional forms of allowance

Any contributing member or affiliate member whose effective date of retirement is on or after December 31, 2004, may elect to receive a superannuation retirement allowance in accordance with any of the options hereinafter stated. Option A shall be deemed a basic option, and the amount of the annual retirement allowance payable under such option as determined under the provisions of section
24-51-1715
shall be the amount that shall be duly adjusted in computing payments to be made under options other than option A. Prior to application for retirement, any such election may be changed or revoked, but when a member files application for retirement and elects an option, such option may not thereafter be changed or revoked, except where the designated co-annuitant under option P2 or option P3 predeceases the member prior to the effective date of retirement, pursuant to section
24-51-1723
or
24-51-1724
, whichever is applicable. This shall not preclude the member's right to have the option elected become effective as of the date of retirement. In addition to the provisions of this section, in any dissolution of marriage action in any district court of the state of Colorado, the court shall have jurisdiction to order or allow an annuitant who is a petitioner or respondent in such action, and who selected an option P2 or P3 at the time of retirement designating the annuitant's spouse as the co-annuitant, to revoke the co-annuitant designation and for an option A benefit to become payable thereafter to the annuitant. The option A benefit shall be the original option A amount calculated as of the annuitant's effective date of retirement increased by any increases in the basic retirement allowance granted in accordance with the provisions of the DPS plan document and section
24-51-1732
subsequent to the annuitant's effective date of retirement. If no option is elected by a member at or prior to the time of application for retirement, such member shall be considered to have automatically elected to receive the applicable benefit under option A.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1369, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1717 - Option A

Option A is a single life annuity, which is defined as a specified sum of money payable monthly to an annuitant from the time of retirement until the death of said annuitant, without refund of any kind to the estate of the deceased annuitant or anyone claiming by or through the annuitant. The monthly retirement allowance under option A shall be calculated in accordance with the provisions of section
24-51-1715
. For retirements having effective dates on or after December 31, 2004, option A shall be revised to provide that if, upon the death of the annuitant, the total amount of retirement allowance that has been paid to the annuitant does not exceed the amount of the member's accumulated contributions, then the difference between said accumulated contributions and the total amount of retirement allowance paid to such annuitant shall be paid to the named beneficiary of the annuitant or, if no named beneficiary exists, to the estate of the annuitant. The monthly retirement allowance under the revised option shall be calculated in accordance with the provisions of section
24-51-1715
.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1369, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1718 - Option B

(1)
Option B is an installment refund annuity, which is defined as a smaller sum of money than the amount that would be payable under option A but that is the actuarial equivalent thereof, as provided in this retirement plan, payable monthly to an annuitant from the time of retirement until death, with the additional provision that if said annuitant dies before receiving an amount equal to the total reserve credited to said annuitant, said payments shall be continued to beneficiaries designated by said annuitant until the total amount of the payments made to such annuitant and to beneficiaries of said annuitant is equal to the total amount of reserve allocated to the payment of said annuitant's retirement allowance.
(2)
If a deceased member's estate is the beneficiary, payment in one sum of the commuted value of the retirement allowance shall be made to the member's estate. The rate of interest used in determining the commuted value shall be the actuarial investment assumption rate of the association on the date of death of the member.
(3)
In the event of the death of a retired deceased member's beneficiary who is receiving monthly benefits under option B, a payment in one sum of the commuted value of the remaining monthly payments shall be made to the estate of the deceased beneficiary. The rate of interest used in determining the commuted value shall be the actuarial investment assumption rate of the association on the date of death of the beneficiary.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1370, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1719 - Option C

(1)
Any contributing member or affiliate member choosing or having chosen option C through December 31, 2009, will be governed by the DPS plan document. As of January 1, 2010, option C will no longer be a permissible payment choice.
(2)
Notwithstanding any provision to the contrary, an annuitant may change the co-annuitant that was named by such annuitant and designate a supplemental needs trust as a co-annuitant in place of the previously named co-annuitant if:
(a)
The beneficiary of the supplemental needs trust is the same person as the previously named co-annuitant; and
(b)
The retiree files an application and any required documents in a form as designated by the association.
(3)
If a supplemental needs trust is not established before or within ninety days after the death of the annuitant, is determined to be invalid, or is terminated on or after the death of the annuitant, the beneficiary that was named in the trust is the co-annuitant.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1370, § 56, effective 1/1/2010. L. 2015: Entire section amended, (SB 15-097), ch. 111, p. 328, § 10, effective April 16.
For the legislative declaration in SB 15-097, see section 1 of chapter 111, Session Laws of Colorado 2015.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1720 - Option D

Any contributing member or affiliate member choosing or having chosen option D through December 31, 2009, will be governed by the DPS plan document. As of January 1, 2010, option D will no longer be a permissible payment choice.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1370, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1721 - Option E

(1)
Any contributing member or affiliate member choosing or having chosen option E through December 31, 2009, will be governed by the DPS plan document. As of January 1, 2010, option E will no longer be a permissible payment choice.
(2)
Notwithstanding any provision to the contrary, an annuitant may change the co-annuitant that was named by such annuitant and designate a supplemental needs trust as a co-annuitant in place of the previously named co-annuitant if:
(a)
The beneficiary of the supplemental needs trust is the same person as the previously named co-annuitant; and
(b)
The retiree files an application and any required documents in a form as designated by the association.
(3)
If a supplemental needs trust is not established before or within ninety days after the death of the annuitant, is determined to be invalid, or is terminated on or after the death of the annuitant, the beneficiary that was named in the trust is the co-annuitant.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1370, § 56, effective 1/1/2010. L. 2015: Entire section amended, (SB 15-097), ch. 111, p. 328, § 11, effective April 16.
For the legislative declaration in SB 15-097, see section 1 of chapter 111, Session Laws of Colorado 2015.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1722 - Additional optional forms of allowance beginning December 31, 2004

In addition to the options provided in sections
24-51-1717
and
24-51-1721
, any contributing member or affiliate member whose effective date of retirement is on or after December 31, 2004, may elect to receive a superannuation retirement allowance in accordance with any of the options provided in sections
24-51-1723
and
24-51-1724
. Option A shall be deemed a basic option under this section, and the amount of the annual retirement allowance payable thereunder, as determined under the provisions of section
24-51-1715
, shall be the amount that shall be duly adjusted in computing payments to be made under options P2 and P3. Prior to application for retirement, any such election may be changed or revoked, but when a member files application for retirement and elects an option, such option may not thereafter be changed or revoked except as provided in this part 17.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1370, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1725 - Determination of option P2 or P3 benefits

For reduced superannuation retirements and disability recalculations, for members who retire with an effective date of retirement on or after December 31, 2004, the calculation of benefits payable pursuant to option P2 or P3, as set forth in sections
24-51-1723
and
24-51-1724
, shall be actuarially determined as of the effective date of retirement or, in the case of a recalculation pursuant to the DPS plan document for a member retired for disability, the applicable recalculation date.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1372, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1726 - Minimum benefits - contributing members and affiliate members

(1)
The minimum monthly pension portion of the retirement allowance under an option A settlement shall be the greater of:
(a)
Such pension amount payable as a part of the retirement allowance computed under the provisions of section
24-51-1715
in the case of a member retiring for superannuation.
(b)
The minimum benefits in effect on or after January 1, 1974, and prior to January 1, 1985, as governed by the DPS plan document.
(c)
Effective January 1, 1985, the sum of fifteen dollars, multiplied by the number of whole years of accredited service plus additional whole months expressed as a fraction of a year of accredited service but in no event in excess of the total sum of one hundred fifty dollars, plus the sum of twenty dollars multiplied by the number of whole years of accredited service in excess of ten years plus additional whole months expressed as a fraction of a year of accredited service. These minimum benefits shall not apply to retirements previous to January 1, 1985.
(d)
The minimum monthly pension portion of the retirement allowance under options other than option A shall be computed by taking such minimum amount as established under an option A settlement and making the appropriate reduction to reflect the additional actuarial factors involved under such other option pursuant to the applicable tables then in use.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1373, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1727 - Eligibility for deferred members

(1)
Benefits shall be payable under this section and sections
24-51-1728
to
24-51-1731
if the following conditions are met:
(a)
The employee must be an affiliate member or contributing member who has completed a period of not less than five years of active service with the district. Any contributing member or affiliate member who terminated employment prior to January 1, 1997, shall be governed by the DPS plan document.
(b)
Such member is not eligible to receive and has not received, by virtue of district employment, payment of any other benefits under this retirement plan. A refund of accumulated contributions is not deemed a benefit within the meaning of this section.
(c)
The employment of such member with the district, either regular or casual, has been terminated and there has not been a withdrawal of the member's accumulated contributions. In the case of a member whose employment has terminated and who withdrew such contributions but thereafter accepted reemployment with the district, such prohibition against withdrawal shall refer to any normal, arrearage, or additional contributions thereafter made by such employee.
(d)
Within one year following an effective date of termination of employment falling on or before December 31, 2008, such member must file an election and declaration of intent to apply for a deferred retirement allowance. Such election and declaration shall be made in the manner and form as prescribed.
(e)
If a member's effective date of termination of employment falls on or after January 1, 2009, such member is automatically deemed a deferred member and is eligible to apply for a deferred retirement allowance upon meeting the requirements for commencement of a deferred retirement allowance.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1373, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1728 - Accredited service - deferred members

In computing the amount of any deferred retirement allowance becoming due to such member upon final termination of employment, such member must, at the time of the effective date of termination of service, have a credit of accumulated contributions in such amount as would have been to such member's credit if such member had complied in full with the requirements of sections
24-51-1705
and
24-51-1707
as such requirements may apply. In the event said member fails to comply with such requirements, as applicable, then the accredited service of such member, subsequent to December 1, 1945, shall be credited in the same ratio that accumulated contributions, at the time of termination of service, bear to such member's credit if such member had complied in full with the requirements of sections
24-51-1705
and
24-51-1707
as such requirements may apply. If the provisions of section
24-51-1706
apply to such member applying for a deferred retirement allowance, then no portion of service subject to said provisions shall be counted as accredited service unless, at the time of termination of service, said member completed payment of the total amounts required by said section
24-51-1706
. If such total amount as required by section
24-51-1706
is not so paid within such time, any incomplete amount paid in pursuant to section
24-51-1706
shall be refunded, without increase of any kind to such member, under such rules and regulations as the association may provide.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1374, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1730 - Deferred member death

In case any deferred member, as defined under section
24-51-1702 (19)(e)
, dies while such membership status remains in force but before the effective date of the deferred retirement allowance, the amount of the accumulated contribution balance at the time of death shall be paid to the designated beneficiary of record or to the member's estate.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1377, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1731 - Benefits for deferred members determined upon date of termination

Subject to the provisions of this section, in the event of reemployment, all rights and privileges incident to a deferred retirement allowance shall be and remain as provided under the retirement plan and its pertinent policies and rules and regulations in effect at the time of such termination of employment. If such employee whose employment has been terminated is reemployed by the district and thereafter remains continuously in the employ of the district for a sufficient period to establish a full year of accredited service, then any rights with respect to a deferred retirement allowance shall be determined by the provisions of sections
24-51-1727
to
24-51-1730
in effect on the date of such subsequent termination of employment.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1377, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1732 - Benefit increases - annual retirement allowance adjustment - contributing members - affiliate members - deferred members - survivors (2001 and 2005)

(1)
(a)
Monthly retirement and survivor benefit payments, including the increases determined under the provisions of the DPS plan document attributable to retirement or death of an eligible employee of the district who retired or died after December 1, 1945, shall be increased in accordance with part 10 of this article.
(b)
Adjusted payments based on survivor benefits that are suspended by reason of the beneficiary not having attained the minimum age requirements provided in sections
24-51-1738
to
24-51-1740
or pursuant to the provisions of the DPS plan document shall not continue to accumulate or accrue during such period of suspension.
(2)
Upon attainment of the minimum age requirements and resumption of such survivor's benefit payments or reinstatement under the provisions of the DPS plan document, no increase shall be made until such resumed payments have been paid continuously for the twelve months prior to July 1.
(3)
(Deleted by amendment, L. 2010, (SB 10-001), ch. 30, p. 30, § 32, effective February 23, 2010.)
(4)
No increase shall be payable incident to any retirement or survivor benefits becoming payable to any legal entity other than an individual person, to a personal representative or other person acting in an analogous representative capacity. This subsection (4) shall not preclude payment of such increase to the guardian or conservator of a person otherwise entitled thereto.
(5)
Pursuant to section
24-51-1726.5
, adjusted payments based on benefits that are suspended by reason of the annuitant's having returned to service with an employer affiliated with the association as a regular employee shall not continue to accumulate or accrue during such period of suspension. Upon reinstatement of the retirement allowance payments, no increase shall be made until such resumed payments have been paid continuously for the twelve months prior to July 1.
(6)
Annuitants who are reemployed by the district on or before December 31, 2009, shall until termination of such employment be subject to the DPS plan document provisions related to the reemployment of an annuitant. Any subsequent employment shall be governed by part 11 of this article.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1377, § 56, effective 1/1/2010. L. 2010: (1), (2), (3), and (5) amended, (SB 10 -001), ch. 2, p. 30, § 32, effective February 23.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1733 - Domestic relations order

Agreements entered into pursuant to section
14-10-113 (6)
, C.R.S., on or before December 31, 2009, shall be subject to the provisions of the DPS plan document, and agreements entered into on and after January 1, 2010, pursuant to section
14-10-113 (6)
, C.R.S., shall be subject to the provisions of the rules and regulations of the association.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1379, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1734 - Disability retirement

Applications for disability for DPS members filed on or before December 31, 2009, shall be governed by the disability provisions of the DPS plan document, and on or after January 1, 2010, disability shall be governed by the provisions of part 7 of this article. Persons receiving disability benefits under the DPS plan as of December 31, 2009, shall continue to receive such benefits in accordance with the DPS plan. The association board shall administer the provisions of the DPS plan regarding discontinuance or reduction of disability benefits paid under the DPS plan.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1379, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1735 - Survivor benefits - refund

(1)
The determination of death and survivor benefits for DPS members shall be governed by this section. Pursuant to the provisions of this part 17 regarding portability, references in this section to service with the district shall be deemed to include service with all employers affiliated with the association.
(2)
In case of death of any affiliate or contributing member prior to retirement, the total accumulated contribution balance at the time of death shall be payable in one lump sum to the designated beneficiary, if applicable, or to the member's estate, unless one or more of the following circumstances exist:
(a)
Said member meets the definition of deferred member under section
24-51-1702 (19)(e)
at the time of death, in which case section
24-51-1730
shall apply.
(b)
The designated beneficiary or beneficiaries of said member shall elect, pursuant to the provisions of sections
24-51-1736
to
24-51-1746
, to have the provisions of said sections
24-51-1736
to
24-51-1746
applied in lieu of the refund above mentioned.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1379, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1736 - Eligibility for survivor benefits

(1)
No benefits shall be payable under sections
24-51-1736
to
24-51-1746
unless all of the following conditions are met:
(a)
At the time of death the deceased member was a contributing member, or a contributing member who retired for disability on or after July 1, 1962, and who would not be precluded pursuant to the DPS plan document from rights for survivor benefits.
(b)
The deceased contributing member was a regular employee in the active service of the district continuously for the five-year period prior to said member's death, said five-year period having been contributing service, except:
(I)
Absence on sabbatical leave or on a leave for restoration of health on a half-salary basis for periods during which contributions are paid shall be deemed continuous employment within the meaning of sections
24-51-1736
to
24-51-1746
and included in the required five-year period. Time absent from employment because of leave other than sabbatical leave or a leave for restoration of health on a half-salary basis and time absent from employment because of a permitted absence not constituting a termination of regular employment shall be disregarded and for the purposes of sections
24-51-1736
to
24-51-1746
shall not be deemed either an interruption of service or included in the required five-year period.
(II)
If the deceased member was retired for disability on or after July 1, 1962, and was a contributing member upon the effective date of disability retirement, the requirement of five years of service prior to death shall be waived.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1379, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1738 - Survivors of members who died between 1974 and 1984

Benefits payable to survivors of deceased eligible members who die on or after January 1, 1974, and prior to January 1, 1984, subject to the limitations provided in sections
24-51-1736
to
24-51-1746
, shall be governed by the DPS plan document.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1381, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1739 - Survivors of members who died between 1984 and 1988

Benefits payable to survivors of deceased eligible members who die on or after January 1, 1984, and prior to January 1, 1988, subject to the limitations provided in sections
24-51-1736
to
24-51-1746
, shall be governed by the DPS plan document.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1381, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1741 - Effective date of survivor benefits

On or after January 1, 1998, if survivor benefits are payable under sections
24-51-1736
to
24-51-1746
, such benefits shall be deemed to accrue as of the first day following the death of the member or the first day when the first beneficiary becomes eligible, whichever is later, and shall be computed and payable from that date accordingly.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1382, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1742 - Election by designated beneficiary

If the deceased member had designated a beneficiary, other than the member's estate, to receive the refund of the accumulated contribution balance, no survivor's benefits shall be subject to claim under sections
24-51-1736
to
24-51-1746
unless such designated beneficiary or beneficiaries then entitled to receive such refund, by written notification delivered within such time and in such form as prescribed, shall elect, in lieu of receiving such refund, to have the provisions of sections
24-51-1736
to
24-51-1746
applied. If there is more than one designated beneficiary then entitled to receive such refund, such election must be joined in by all of them. If the deceased member had designated the estate as such beneficiary or if by operation of law the estate shall be entitled to such refund, then such election may be made by the duly appointed personal representative of the estate of such deceased member in like time and in like manner as may be prescribed by the board by general rule as specified in this section. If, however, such deceased member was qualified for retirement under the terms and conditions of sections
24-51-1713
and
24-51-1714
, the designated beneficiary or beneficiaries so entitled to refund or benefits under sections
24-51-1736
to
24-51-1746
, may elect, in lieu of such benefits, to allow benefits to be paid under either option B or option P3 subject to the applicable sections thereof providing for superannuation retirement. Such election shall be made within such time and in such form as the board may prescribe and shall become effective as of the day after the date of the member's death. If there is more than one designated beneficiary entitled to receive such benefits, such election must be joined in by all of them.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1383, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1743 - When election becomes irrevocable

The election described in section
24-51-1742
shall become irrevocable upon the first payment thereunder of any benefits provided under sections
24-51-1736
to
24-51-1746
or under sections
24-51-1713
and
24-51-1714
. If, subsequent to exercise of such election by the appropriate beneficiary or beneficiaries but prior to the first payment of benefits thereunder, such beneficiary or beneficiaries desire to revoke such earlier election, such person or persons shall be permitted to do so and shall thereupon be eligible to receive a refund paid under the terms and conditions set forth in section
24-51-1735
, and such revoking beneficiary or beneficiaries shall thereafter have no rights to any benefits of any kind, incident to the death of such member, other than said refund. If the election has been made to receive benefits hereunder and there is only one beneficiary and such beneficiary shall die before any payment of such benefits is made, a refund of such deceased member's accumulated contributions, computed as of the date of death, shall be made to the estate of such deceased beneficiary. If there shall be more than one beneficiary but all of them shall have died before any payment of such benefits is made, such refund shall be made to the estate of the last survivor of said several beneficiaries.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1383, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1744 - Fund transfer

Upon the effective date of benefits under sections
24-51-1736
to
24-51-1746
, the accumulated contributions of said deceased member at the time of death shall be transferred to and merged with that portion of the Denver public schools division trust fund set aside as a reserve to provide such benefits.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1384, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1745 - Payment in good faith

Any payments of such survivor's benefits made to any person who is an eligible survivor of the deceased member and entitled thereto shall, to the extent of such payments actually made, be and constitute a complete release and acquittance to the system under this retirement plan. Such release shall not be deemed to preclude the right of another claimant or an adverse claimant of such survivor's benefits from establishing a right to future payments.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1384, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1746 - Waive appointment of guardian

In the payment of survivor benefits hereunder, the association may, from time to time, authorize and approve payments directly to a minor or the parent caring for such minor without requiring the appointment of a duly constituted guardian for such minor. Likewise, the association may waive the appointment of a conservator for a beneficiary deemed mentally incompetent or otherwise unable by reason of age or illness to act without assistance, and may, from time to time, authorize and approve such payments to the person or institution having care of such beneficiary. The receipt of the person or institution so receiving such payments shall be a complete release and acquittance under this retirement plan with respect to such payments in all respects as if such payments had been made to a duly constituted guardian or conservator.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1384, § 56, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 51 - Public Employees' Retirement Association (§§ 24-51-101 — 24-51-1748) › Part 17 - DENVER PUBLIC SCHOOLS DIVISION (§§ 24-51-1701 — 24-51-1748) › Section 24-51-1748 - Staff members of the Denver public schools retirement system

(1)
Each staff member employed by the Denver public schools retirement system on the date of the merger shall be hired as an employee-at-will of the association at a salary not less than the annual salary received from the Denver public schools retirement system as of the merger date, and the staff member's employment thereafter shall be governed by the policies, rules, and statutes applicable to the employees of the association; except that such staff members may accrue retirement benefits in accordance with the rules of the Denver public schools retirement system as they existed on the day preceding the effective date of the merger. As of the effective date of the merger, Denver public schools or the Denver public schools retirement system shall be responsible for the payment to the association of any accrued employment benefits other than benefits provided for under the association owed to each employee of the Denver public schools retirement system.
(2)
Notwithstanding the provisions of section
24-51-1206.7 (5)
, service credit of staff members described in subsection (1) of this section prior to January 1, 2010, that was accrued with the Denver public schools and the Denver public schools retirement system shall apply toward the calculation of the premium subsidy as provided in section
24-51-1206.7
.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1396, § 56, effective May 21.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 52 - [Repealed] (§ 24-52-101) › Section 24-52-101 - to 24-52-209 - [Repealed]

L. 2009: Entire article repealed, (SB 09 -066), ch. 73, p. 260, § 25, effective July 1.
This article was added in 1980.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-103 - Employee contribution

(1)
Every employee of the political subdivision whose services are covered by an agreement entered into pursuant to the provisions of section
24-53-102
shall be required to pay for the period of such coverage into the contribution fund, established pursuant to the provisions of section
24-53-105
, contributions with respect to wages, as defined in section
24-53-101
, equal to the amount of tax which would be imposed by the federal insurance contributions act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the retention of the employee in the service of the political subdivision, or his entry upon such service, after July 1, 1987.
(2)
The contribution imposed by the provisions of this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(3)
If more or less than the correct amount of the contribution imposed by the provisions of this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the department shall prescribe.
L. 87: Entire article added, p. 1081, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-106 - Rules and regulations

The department shall make and publish such rules and regulations, not inconsistent with the provisions of this article, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this article.
L. 87: Entire article added, p. 1084, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-107 - Studies and reports

The department may study the problem of old-age, survivors', disability, and health insurance protection for employees of local governments and their instrumentalities covered by this article and concerning the operation of agreements made and plans approved under this article. Information concerning the administration of this article may form a part of the annual report of the department.
L. 87: Entire article added, p. 1084, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-109 - Coverage of agricultural inspectors

(1)
On and after January 1, 1955, the provisions of this article are extended to individuals employed pursuant to an agreement entered into pursuant to the provisions of section 205 of the "Agricultural Marketing Act of 1946",
7 U.S.C. sec. 1624
, or section
14
of the "Perishable Agricultural Commodities Act of 1930",
7 U.S.C. sec. 499n
, between the state of Colorado and the United States department of agriculture to perform services as inspectors of agricultural products who are not eligible for coverage pursuant to the public employees' retirement association because of the temporary nature of their positions.
(2)
The department of agriculture is authorized to make necessary deductions from the salaries of such temporary employees, and to make the payment of contributions as provided in sections
24-53-104
and
24-53-105
, and to do such other things as are necessary pursuant to the law to bring about such coverage.
(3)
In case any of such temporary employees who are so covered pursuant to the provisions of subsection (1) of this section thereafter become eligible to be members of the said public employees' retirement association, as may be determined by the board of trustees of the association, such persons shall thereupon cease to be subject to the coverage provided for in subsection (1) of this section and shall forthwith become members of said association as otherwise provided by law.
L. 87: Entire article added, p. 1086, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-110 - Civil employees of National Guard

Effective January 1, 1954, the provisions of this article are extended to civilian employees of the Colorado National Guard who are employed pursuant to the provisions of section 90 of the "National Defense Act", now codified at
32 U.S.C. sec. 709
, as amended, and paid from funds allotted to the Colorado National Guard by the department of defense and who are not eligible for coverage pursuant to the public employees' retirement association, and, upon presentation of reports and payment of contributions as provided in sections
24-53-104
and
24-53-105
, they shall be entitled to the basic protection afforded such employees, their dependents, and their survivors accorded to others by the federal old-age, survivors', disability, and health insurance system embodied in the social security act.
L. 87: Entire article added, p. 1086, § 2, effective July 1. L. 2005: Entire section amended, p. 769, § 42, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 53 - Public Employees' Social Security (§§ 24-53-101 — 24-53-111) › Section 24-53-111 - Transfer of powers, duties, and obligations

On and after March 26, 1984, all powers, duties, and obligations pursuant to this article which were undertaken prior to March 26, 1984, by the division of employment and training of the department shall be undertaken by the department.
L. 87: Entire article added, p. 1086, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC EMPLOYEES RETIREMENT SYSTEMS (§§ 24-51-101 — 24-54.8-204) › Article 54 - County, Municipal, and Political Subdivision Officers' and Employees' Retirement Systems (§§ 24-54-101 — 24-54-117) › Section 24-54-101.5 - Retirement plans or systems - exemption

A retirement plan or system established pursuant to a provision of law other than this article may elect not to be covered under this article.
L. 2007: Entire section added, p. 396, § 1, effective August 3.