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 3 - MEMBERSHIP (§§ 24-51-301 — 24-51-321) › Section 24-51-310 - Persons not eligible for membership

(1)
Persons not eligible for membership in the association include:
(a)
(I)
Students enrolled in an undergraduate or graduate program at and employed by a state college or university or by a public employer affiliated with a college or university, including the Auraria higher education center, when such employment is predicated on student status, whether or not required by federal law to be covered by a public employee retirement system or social security;
(II)
Students enrolled and regularly attending classes in a school district and who have not graduated from high school whose employment by such district is predicated on student status;
(III)
(A)
Any other employees not described in subparagraph (I) or (II) of this paragraph (a) who are not required by federal law to be covered by a public employee retirement system or social security; except that a member of the military employed pursuant to section
28-3-904
, C.R.S., for more than thirty consecutive days may elect to become a member of the association if the election is made within sixty days after the member first becomes eligible.
(B)
Notwithstanding the provision of sub-subparagraph (A) of this subparagraph (III), retirees for whom coverage is not required by federal law shall resume membership if such retirees return to work in a position subject to membership, or in a position described in section
24-51-308
, and if such retirees voluntarily suspend their benefits.
(b)
Participants in a university of Colorado retirement plan to the extent required pursuant to section
23-20-139
, C.R.S.;
(c)
(Deleted by amendment, L. 91, p. 875, § 8, effective July 1, 1991.)
(d)
Certain Colorado state university faculty and other employees of the extension service who are employed in a cooperative work program with the United States department of agriculture, whose participation in the federal civil service retirement system is a prerequisite to such employment;
(e)
(Deleted by amendment, L. 91, p. 1978, § 8, effective July 1, 1991.)
(f)
Policemen and firefighters covered by an existing retirement system pursuant to the laws of this state;
(g)
Repealed.
(h)
Independent contractors and consultants to employers;
(i)
Employees of a nonprofit public hospital, long-term care facility, health-care facility, or veterans community living center which was previously affiliated with the association if such employees were hired subsequent to the sale, lease, or transfer of the hospital or veterans community living center;
(j)
Employees of employers assigned to the local government division of the association whose positions were covered only under social security for such employment as of November 5, 1990, and employees in similar positions created later by such employers;
(k)
Participants in an optional retirement plan organized pursuant to article
54.5
of this title to the extent required by section
24-54.5-106
; except that persons who do not participate in such optional retirement plan shall remain members of the association;
(l)
Repealed.
(m)
Directors of special districts serving pursuant to the "Special District Act", article
1
of title
32
, who begin their service as directors on or after July 1, 2022.
Amended by 2022 Ch. 42, § 1, eff. 3/24/2022.
L. 87: Entire article R&RE, p. 1054, § 1, effective July 1. L. 91: Entire section amended, p. 875, § 8, effective July 1; (1)(e) amended, p. 1978, § 4, effective July 1. L. 92: (1)(k) added, p. 571, § 1, effective July 1. L. 93: (1)(a) amended, p. 1868, § 1, effective June 6. L. 94: (1)(l) added, p. 1250, § 1, effective July 1. L. 97: (1)(l) repealed, p. 820, § 15, effective June 30; (1)(f) amended, p. 1020, § 35, effective August 6. L. 98: (1)(k) amended, p. 914, § 1, effective July 1. L. 2003: (1)(g) repealed, p. 1293, § 2, effective August 6. L. 2004: (1)(k) amended, p. 1201, § 64, effective August 4; (1)(j) amended, p. 1941, § 11, effective 1/1/2006. L. 2005: (1)(a)(III)(A) amended, p. 663, § 6, effective May 27. L. 2006: (1)(b) amended, p. 1176, § 5, effective 1/1/2008. L. 2007: (1)(b) amended, p. 2011, § 1, effective 1/1/2008. L. 2009: (1)(k) amended, (SB 09 -066), ch. 73, p. 248, § 4, effective March 31; (1)(i) amended, (SB 09 -056), ch. 177, p. 783, § 1, effective April 22; (1)(b) amended, (SB 09 -157), ch. 146, p. 613, § 2, effective August 5. L. 2014: (1)(i) amended, (SB 14-096), ch. 59, p. 263, § 3, effective August 6.
(1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1987.
(2) Subsection (1)(e) was amended in House Bill 91-1183. Those amendments were superseded by the amendment of this section in House Bill 91-1026.