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 11 - EMPLOYMENT AFTER RETIREMENT (§§ 24-51-1101 — 24-51-1105) › Section 24-51-1101 - [Effective until 8/7/2024] Employment after service retirement - report - definitions - repeal

(1)
Except as otherwise provided in subsections (1.3), (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:
(a)
Employment of more than four hours per day does not exceed one hundred ten days in the calendar year;
(b)
Employment of four hours or less per day does not exceed seven hundred twenty hours in the calendar year;
(c)
Employment consisting of a combination of daily and hourly employment does not exceed one hundred ten days per calendar year;
(d)
The service retiree is a member of the general assembly; or
(e)
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.
(1.3)
(a)
A service retiree who is a teacher, as defined in section
22-63-103 (11)
, may receive salary without reduction in benefits if:
(I)
The school district or charter school hires the service retiree for the purpose of providing substitute teacher classroom instruction; and
(II)
The school district or charter school hiring the service retiree determines that there is a critical shortage of qualified substitute teachers and that the service retiree has specific experience, skills, or qualifications that would benefit the district.
(b)
As used in this subsection (1.3), "substitute teacher" has the same meaning as set forth in section
22-63-103 (10)
; except that there shall be no restriction in the length of a continuous assignment.
(c)
A service retiree who is hired in accordance with subsection (1.3)(a) of this section does not count against the additional ten service retirees that a state college or university or an employer in the school or Denver public schools division may hire as authorized by subsection (1.8)(b) of this section.
(d)
This subsection (1.3) is repealed, effective July 1, 2025.
(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) or subsection (1.8)(b.5) of this section and who is not subject to subsection (1.3), (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)
.
(b)
Except as otherwise provided in subsection (1.8)(b.5) of this section, 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 (1.3), (1.9), or (5) of this section in areas where the employer determines that there is a need 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 state college or university shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year. An employer in the school or Denver public schools division shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) and pursuant to subsection (1.8)(b.5) of this section no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year.
(b.5)
(I)
In addition to the ten service retirees, an employer in the school or Denver public schools division may hire pursuant to subsection (1.8)(b) of this section, an employer in the school or Denver public schools division that has a student enrollment greater than ten thousand as of the "pupil enrollment count day", as defined in section 22-54-103 (10.5), of the previous year may hire one additional service retiree for each one thousand enrolled students above ten thousand.
(II)
The period during which a service retiree hired by an employer in the school or Denver public schools division may receive salary without reduction in benefits pursuant to subsection (1.8)(b) of this section and this subsection (1.8)(b.5) may not exceed six consecutive years from the date the service retiree began work pursuant to subsection (1.8)(b) of this section or this subsection (1.8)(b.5).
(c)
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.
(d)
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.
(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.
(II)
As used in this paragraph (e), "principal campus" means:
(A)
Each campus of the university of Colorado as described in section
23-20-101
, C.R.S.;
(B)
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
(C)
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, a school food services cook, a school nurse, or a paraprofessional, as defined in section
22-60.3-102 (9)
, 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)
.
(II)
The provisions of this subsection (1.9) apply only if:
(A)
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, a board of cooperative services, as defined in section
22-5-103 (2)
, or a charter school, as defined in section
22-5-119 (3)(d)
, that is located within a rural school district and, if the employer is a school district, the school district enrolls six thousand five hundred students or fewer in kindergarten through twelfth grade;
(B)
The school district, board of cooperative services, or charter school hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district, enrolled by one or more of the districts served by the board of cooperative services, or enrolled by the charter school, or for the purpose of being a school food services cook, a school nurse, or a paraprofessional, as defined in section
22-60.3-102 (9)
; and
(C)
The school district, board of cooperative services, or charter school determines that there is a critical shortage of qualified teachers, school bus drivers, school food services cooks, school nurses, or paraprofessionals, as defined in section
22-60.3-102 (9)
, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district, board of cooperative services, or charter school.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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).
(h)
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.
(i)
The association shall submit a report to the finance and education 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) in accordance with subsection (6) of this section.
(I)
(II)
(III)
(IV)
(j)
Repealed.
(2)
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.
(3)
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.
(4)
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.
(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)
.
(b)
This subsection (5) applies only if:
(I)
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;
(II)
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
(III)
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.
(c)
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.
(d)
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).
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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).
(j)
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.
(k)
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:
(I)
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;
(II)
The extent to which this subsection (5) has helped boards of cooperative services address shortages of school special service providers;
(III)
The costs, if any, to the association as a result of this subsection (5); and
(IV)
Any other information deemed relevant by the association.
(l)
As used in this subsection (5):
(I)
"Board of cooperative services" has the same meaning as set forth in section
22-5-103 (2)
.
(II)
"Employer" has the same meaning as set forth in section
24-51-101 (20)
.
(III)
"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.
(m)
This subsection (5) is repealed, effective July 1, 2025.
(6)
(a)
On or before December 1, 2025, and on or before December 1 of each fifth year thereafter, the association shall submit a report to the finance and education committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of subsections (1.8), (1.9), and (5) of this section. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues indefinitely.
(b)
The employers in the school division of the association that employ a service retiree pursuant to subsections (1.8), (1.9), or (5) of this section shall provide information requested by the association for the purposes of the report.
(c)
The report must include:
(I)
The number of service retirees who have been employed after service retirement pursuant to subsections (1.8), (1.9), and (5) of this section as of the date of the report;
(II)
The extent to which subsections (1.8), (1.9), or (5) of this section have helped employers in the school division address shortages;
(III)
The costs, if any, to the association as a result of subsections (1.8), (1.9), or (5) of this section; and
(IV)
Any other information deemed relevant by the association.
Amended by 2024 Ch. 109,§ 1, eff. 7/1/2024.
Amended by 2022 Ch. 25, § 1, eff. 3/17/2022.
Amended by 2022 Ch. 24, § 2, eff. 3/17/2022.
Amended by 2020 Ch. 283, § 2, eff. 9/14/2020.
Amended by 2017 Ch. 397, § 1, eff. 6/6/2017.
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 7/1/2005. 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 1/1/2010. L. 2010: (1.8)(e) amended, (SB 10-003), ch. 1856, p. 1856, § 36, effective June 9; IP(1) amended, (HB 10-1422), ch. 2086, p. 2086, § 73, effective August 11; IP(1) and (2) amended and (1.8) added, (SB 10 -001), ch. 22, p. 22, § 24, effective 1/1/2011. L. 2012: (1.8)(e)(II)(B) amended, (HB 12-1220), ch. 337, 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. 2072, 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. 1381, p. 1381, § 2, effective September 14.
(1) This section is similar to former §§ 24-51-134 and 24-51-223 as they existed prior to 1987.
(2)(a) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2005. (See L. 2003, p. 2179.)
(b) Subsection (1.7)(g) provided for the repeal of subsection (1.7), effective July 1, 2005. (See L. 2002, p. 190 .)
(c) Subsection (2.5)(b) provided for the repeal of subsection (2.5), effective July 1, 2005. (See L. 2003, p. 2179.)
(3) Amendments to the introductory portion to subsection (1) by Senate Bill 10-001 and House Bill 10-1422 were harmonized.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
(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.