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 24-51-1740 - Survivors of members who die in 1988 or later

(1)
Benefits payable to survivors of deceased eligible members who die on or after January 1, 1988, subject to the limitations provided in sections
24-51-1736
to
24-51-1746
, shall be as follows:
(a)
To each beneficiary under section
24-51-1737 (1)(a)
, a monthly amount equal to the greater of ten percent of highest average salary as defined in section
24-51-1702 (17)
, or one hundred sixty dollars prorated, if there are four or more eligible beneficiaries so long as such condition continues and is required in order not to exceed a maximum total allowance of the greater of thirty percent of highest average salary as defined in section
24-51-1702 (17)
, or four hundred eighty dollars;
(b)
To the surviving spouse of the deceased member, as defined in section
24-51-1737 (1)(b)
, so long as living, and having in his or her care a child eligible to receive benefits as provided in paragraph (a) of this subsection (1), calculated as follows:
(I)
Where the deceased member had less than fifteen years of accredited service, the difference, if any, between the amounts payable to beneficiaries under paragraph (a) of this subsection (1) and the greater of thirty percent of highest average salary as defined in section
24-51-1702 (17)
, or four hundred eighty dollars;
(II)
Where the deceased member had more than fifteen years of accredited service, the difference, if any, between the amounts payable to beneficiaries under paragraph (a) of this subsection (1) and the greater of four hundred eighty dollars or forty percent of highest average salary as defined in section
24-51-1702 (17)
, which percentage shall be increased by two percent of highest average salary as defined in section
24-51-1702 (17)
, for each whole year, and month prorated as a portion of a year, of accredited service in excess of twenty-five;
(c)
To a beneficiary under section
24-51-1737 (1)(c)
who has attained age sixty and who is the survivor of a deceased member who had less than fifteen years of accredited service, the lesser of thirty percent of highest average salary as defined in section
24-51-1702 (17)
or four hundred eighty dollars. So long as benefits, if any, are payable under paragraphs (a) and (b) of this subsection (1), only the excess, if any, of the benefit provided under this paragraph (c) shall be payable in addition thereto, but if no benefits are payable under said paragraphs (a) and (b) of this subsection (1), or, if payable, such amounts have been terminated, then the full amount of the benefit payment provided by this paragraph (c) shall be payable.
(d)
To a beneficiary under section
24-51-1737 (1)(c)
who has attained age fifty and who is the survivor of a deceased member who had fifteen or more years of accredited service, a monthly amount of four hundred eighty dollars or, if greater, thirty percent of highest average salary as defined in section
24-51-1702 (17)
, increased by one percent of highest average salary, as defined in section
24-51-1702 (17)
, for each whole year, and month prorated as a portion of a year, of accredited service in excess of fifteen. So long as benefits, if any, are payable under paragraphs (a) and (b) of this subsection (1), only the excess, if any, of the benefit provided under this paragraph (d) shall be payable in addition thereto, but if no benefits are payable under said paragraphs (a) and (b) of this subsection (1), or, if payable such amounts have terminated, then the full amount of the benefit payment provided by this paragraph (d) shall be payable.
(e)
To each beneficiary under section
24-51-1737 (1)(d)
, a monthly amount equal to the greater of ten percent of the deceased member's highest average salary as defined in section
24-51-1702 (17)
, or two hundred forty dollars.
L. 2009: Entire part added, (SB 09 -282), ch. 288, p. 1381, § 56, effective 1/1/2010. L. 2010: (1)(c) amended, (HB 10 -1422), ch. 419, p. 2087, § 74, effective August 11.