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 14 - VOLUNTARY INVESTMENT PROGRAM (§§ 24-51-1401 — 24-51-1404) › Section 24-51-1402 - Contributions to the voluntary investment program

(1)
An eligible employee pursuant to section
24-51-1401
may participate in the voluntary investment program authorized in section
24-51-1401
by authorizing his or her employer, as defined in section
24-51-101 (20)
, to contribute an amount by payroll deduction in lieu of receiving such amount as salary or pay. The amount of such contribution by a participant shall be subject to any limitations established by federal law. These voluntary contributions, in addition to investment earnings, shall be exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.
(2)
The board may, at its discretion, allow participants in the voluntary investment program to elect to make after-tax voluntary contributions to the voluntary investment program by payroll deduction. Investment earnings on such contributions are exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.
(3)
All voluntary contributions by a participating member shall be included in the salary of such member for the purpose of calculating member and employer contributions pursuant to the provisions of section
24-51-401
. The member contribution provisions of section
24-51-401
and the matching employer contribution provisions of section
24-51-408.5
shall not apply to any voluntary contribution made by a retiree.
(4)
The employer shall deliver all voluntary contributions to the service provider designated by the association within five days after the date that the participants are paid and consistent with the provisions of section
24-51-401
(1.7)(c) and (1.7)(d).
(5)
(a)
Effective July 1, 2009, all assets of the state defined contribution match plan established pursuant to section
24-52-104
, as said section existed prior to its repeal in 2009, shall be transferred via trustee-to-trustee transfer to the association's voluntary investment program trust fund created in section
24-51-208 (1)(g)
, and such defined contribution match plan shall be merged into the association's voluntary investment program. An individual's account in the state defined contribution match plan shall become part of the individual's existing 401(k) plan account if one exists. If the individual does not have an existing 401(k) plan account, a separate account shall be created for the individual within the trust fund and administered in accordance with the terms of the voluntary investment program. The administration of such asset transfer shall be determined by the board.
(b)
For purposes of this subsection (5), "existing 401(k) plan account" means a voluntary investment account authorized under
26 U.S.C. sec. 401(k)
, as amended.
L. 87: Entire article R&RE, p. 1077, § 1, effective July 1. L. 97: (4) amended, p. 778, § 16, effective July 1. L. 2001: (1), (2), and (3) amended, p. 20, § 2, effective July 1. L. 2004: (4) amended, p. 699, § 6, effective July 1; (4) amended, p. 1947, § 22, effective 7/1/2005. L. 2009: Entire section amended, (SB 09 -066), ch. 73, p. 256, § 20, effective March 31.
(1) This section is similar to former §§ 24-51-1301 and 24-51-1302 as they existed prior to 1987.
(2) Amendments to subsection (4) by Senate Bill 04-132 and Senate Bill 04-257, effective July 1, 2005, were harmonized.