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Association (§§ 24-51-101 — 24-51-1748) › Part 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-608 - [Repealed]

L. 87: Entire article R&RE, p. 1062, § 1, effective July 1. L. 88: Entire section repealed, p. 971, § 10, effective July 1.
Before its repeal, this section was similar to former § 24-51-607 as it existed prior to 1987.
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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-609 - Service credit exceeding twenty years

(1)
Service credit in excess of twenty years accrued on or before July 1, 1969, shall be included in the computation of the option 1 initial benefit for service retirement pursuant to the provisions of section
24-51-603
or
24-51-605
, whichever is applicable.
(2)
On or before July 1, 1993, the association shall recalculate the initial benefit for all benefit recipients whose benefits became effective prior to July 1, 1992, pursuant to the benefit formula specified by the provisions of section
24-51-603
or
24-51-605
, whichever is applicable. The association shall provide benefits to all such benefit recipients based upon such recalculated initial benefits effective from July 1, 1992.
L. 87: Entire article R&RE, p. 1063, § 1, effective July 1. L. 92: Entire section amended, p. 1135, § 5, effective July 1.
This section is similar to former § 24-51-139 as it existed prior to 1987.
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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-610 - Division from which a member retires

The division in which the retiree had membership immediately preceding the date of retirement shall be the division from which the member retires.
L. 87: Entire article R&RE, p. 1063, § 1, effective July 1. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1345, § 31, 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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-611 - Maximum limit under federal law

Notwithstanding any other provision of this article, no benefit paid to any benefit recipient shall exceed the maximum permitted for qualified retirement plans pursuant to section 401 (a)(17) or section 415 of the federal "Internal Revenue Code of 1986", as amended, including but not limited to all cost-of-living adjustments permitted by such code. Any changes in the maximum compensation limit under said section 401 (a)(17) shall be applied prospectively. No contribution made pursuant to part 5 of this article or to section
24-51-606 (2)
shall cause the limits in section 415 (n) of such code to be exceeded.
L. 90: Entire section added, p. 1248, § 7, effective April 5. L. 95: Entire section amended, p. 265, § 10, effective December 31. L. 97: Entire section amended, p. 65, § 9, effective July 1. L. 99: Entire section amended, p. 7, § 2, effective February 19. L. 2002: Entire section amended, p. 139, § 3, effective March 27.
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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-612 - Required benefit commencement date

(1)
Payment of retirement benefits, for vested inactive members and deferred DPS members who are eligible to receive retirement benefits and who have not applied for such pursuant to the provisions of section
24-51-602
, shall commence no later than April 1 of the calendar year following the calendar year in which the vested inactive member or deferred DPS member attains seventy and one-half years of age.
(2)
Payment of retirement benefits, for members and DPS members who are eligible to receive retirement benefits and who have not applied for such pursuant to the provisions of section
24-51-602
, and who continue membership after attaining seventy and one-half years of age, shall commence on the effective date of retirement.
L. 90: Entire section added, p. 1248, § 7, effective April 5. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1345, § 32, 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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-613 - [Repealed]

L. 93: Entire section added, p. 315, § 2, effective April 7.
Subsection (2) provided for the repeal of this section, effective January 1, 1994. (See L. 93, p. 315 .)
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 6 - SERVICE RETIREMENT (§§ 24-51-601 — 24-51-615) › Section 24-51-615 - Distribution of benefits

Distribution of benefits from each division trust fund shall be made in accordance with section 401 (a)(9) of the federal "Internal Revenue Code of 1986", as amended, including the incidental death benefit requirement in section 401 (a)(9)(G), and the applicable treasury regulations and internal revenue service rulings and other interpretations issued thereunder, including treasury regulations sections 1.401 (a)(9)-2 to 1.401 (a)(9)-9. The provisions of this section shall override any distribution options that are inconsistent with section 401 (a)(9) of the federal "Internal Revenue Code of 1986", as amended, to the extent that those distribution options are not grandfathered under treasury regulations section 1.401 (a)(9)-6.
L. 2006: Entire section added, p. 1184, § 17, effective May 25.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-701 - Eligibility to apply for short-term disability program payments and disability retirement

(1)
Except as otherwise provided for in this section, any member shall be eligible to apply for disability retirement benefits or short-term disability program payments if:
(a)
Application is received by the association within ninety days after the date of termination of employment;
(b)
The member contribution account has not been refunded;
(c)
The member has at least five years of earned service credit, of which at least six months have been earned during the most recent period of membership;
(d)
The member is not eligible for service retirement pursuant to the provisions of section
24-51-602
.
(2)
State troopers shall be eligible to apply for disability retirement or short-term disability program payments immediately upon becoming state troopers if the disability resulted from injuries sustained during the performance of duties as a state trooper.
(3)
Members of the judicial division shall be eligible to apply for disability retirement or short-term disability program payments without regard to the amount of earned service credit or to eligibility for service retirement.
(4)
Applications for disability for DPS members filed on or before December 31, 2009, shall be governed by the disability provisions of section
24-51-1734
, and on or after January 1, 2010, disability shall be governed by the provisions of this part 7. 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.
L. 97: Entire part R&RE, p. 775, § 12, effective 1/1/1999. L. 2009: (4) added, (SB 09 -282), ch. 288, p. 1345, § 33, effective 1/1/2010.
This section is similar to former § 24-51-701 as it existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-702 - Disability programs

(1)
The association shall provide for two types of disability programs for disabilities incurred on or before termination of employment:
(a)
Short-term disability.
A member who is found by the disability program administrator to be mentally or physically incapacitated from performance of the essential functions of the member's job with reasonable accommodation as required by federal law, but who is not totally and permanently incapacitated from regular and substantial gainful employment, shall be provided with reasonable income replacement, or rehabilitation or retraining services, or a combination thereof, under a program provided by the disability program administrator for a period specified in the rules adopted by the board. The cost of the program shall be funded by the association.
(b)
Disability retirement.
A member who is found by the disability program administrator to be totally and permanently mentally or physically incapacitated from regular and substantial gainful employment as of the date of termination of employment shall be placed on disability retirement, and the association shall provide to such person a benefit as calculated in section
24-51-704
. The benefit shall be paid directly by the association. A member of the judicial division shall also be eligible for disability retirement upon the entry of an order of retirement pursuant to section 23 of article VI of the state constitution for a disability interfering with the performance of the member's duties that is, or is likely to become, of a permanent nature.
L. 97: Entire part R&RE, p. 776, § 12, effective 1/1/1999.
This section is similar to former §§ 24-51-703, 24-51-704 , and 24-51-705 as they existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-703 - Disability program design and administration

The association shall contract with a disability program administrator to determine disability, to provide short-term disability insurance coverage, and to administer the short-term disability program. A contract shall conform to rules adopted by the board, which rules shall include but not be limited to standards relating to the determination of disability; the independent review, by a qualified panel, of determinations made by the disability program administrator and challenged by the applicant; requirements for medical or psychological examinations; the adjustment or termination of payments based on the mental or physical condition of the program participant; the change of status of a program participant from short-term disability to disability retirement or from disability retirement to short-term disability based on the mental or physical condition, education, training, and experience of the program participant; and the monitoring of the disability program administrator's performance by the association.
L. 97: Entire part R&RE, p. 776, § 12, effective 1/1/1999.
This section is similar to former §§ 24-51-702 and 24-51-703 as they existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-704 - Calculation of disability retirement benefit

Except as otherwise provided in this section, the disability retirement benefit shall be equal to the amount of the benefit payable pursuant to the provisions of section
24-51-603
which would have been payable upon reaching sixty-five years of age. Such calculation shall include earned and purchased service credit accumulated up to the date of disability plus projected service credit up to sixty-five years of age but not to exceed a total of twenty years of service credit. In no case shall the amount of any disability retirement benefit exceed fifty percent of the highest average salary of said member unless the member has earned and purchased service credit in excess of twenty years which entitles the member to receive the benefit provided pursuant to the provisions of section
24-51-603
, based on the actual service credit of said member.
L. 97: Entire part R&RE, p. 777, § 12, effective 1/1/1999.
This section is similar to former § 24-51-704 as it existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-705 - Ineligibility

If any disability is the direct result of any intentionally self-inflicted injury, the member shall not be eligible for short-term program participation or disability retirement benefits.
L. 97: Entire part R&RE, p. 777, § 12, effective 1/1/1999.
This section is similar to former § 24-51-710 as it existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-706 - Disability determination for members of the judicial division

The earned service credit of a member of the judicial division who retires due to disability shall include such service credit as would have been earned had membership continued to the end of the term of office which the member was serving at the time of termination of employment.
L. 97: Entire part R&RE, p. 777, § 12, effective 1/1/1999.
This section is similar to former § 24-51-711 as it existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-707 - Continuation of disability retirement benefits - reduction based on earned income - applications made prior to January 1, 1999

(1)
For any disability retiree whose disability retirement date is on or after July 1, 1988, and whose application for disability retirement was received by the association prior to January 1, 1999, the amount of the annual disability benefit shall be reduced by one-third of the amount by which the income earned by such retiree in the preceding calendar year plus the amount of the initial benefit multiplied by twelve exceeds the highest average salary of such retiree multiplied by twelve. The following formula shall be used to determine said reduction:
[Earned Income + (Initial Benefit x 12) - (Highest Average Salary x 12)] x 1/3
(2)
The provisions of this section shall apply from the date of disability retirement or January 1, 1989, whichever is later, to the date the retiree meets the requirements for service retirement set forth in section
24-51-602 (1)
. Unless such disability benefit has been terminated, the provisions of this section shall apply regardless of whether the retiree is disabled or has recovered from such disability.
L. 97: Entire part R&RE, p. 777, § 12, effective 1/1/1999.
This section is similar to former § 24-51-707 as it existed prior to 1997.
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 7 - SHORT-TERM DISABILITY AND DISABILITY RETIREMENT (§§ 24-51-701 — 24-51-708) › Section 24-51-708 - Division from which a disabled member retires

The division in which the retiree had membership immediately preceding the date of retirement shall be the division from which the member retires.
L. 97: Entire part R&RE, p. 778, § 12, effective 1/1/1999. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1346, § 34, effective 1/1/2010.
This section is similar to former § 24-51-712 as it existed prior to 1997.
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 8 - BENEFIT OPTIONS (§§ 24-51-801 — 24-51-803) › Section 24-51-803 - Determination of option 2 or 3 benefits

(1)
For service retirement, the calculation of benefits payable pursuant to option 2 or 3, as set forth in section
24-51-801
, shall be actuarially determined as of the date the retiree attained the age and service requirements for service retirement regardless of the effective date of such retirement.
(2)
For reduced service retirement and disability retirement, the calculation of benefits payable pursuant to option 2 or 3, as set forth in section
24-51-801
, shall be actuarially determined as of the effective date of retirement.
(3)
When a retiree designates a spouse as a cobeneficiary subsequent to retirement pursuant to the provisions of section
24-51-802 (3)
, the calculation of benefits payable pursuant to option 2 or 3, as set forth in section
24-51-801
, shall be actuarially determined as of the date of designation.
(4)
When a retiree designates a cobeneficiary subsequent to retirement pursuant to the provisions of section
24-51-802
(3.5), the calculation of benefits payable pursuant to option 2 or 3, as set forth in section
24-51-801
, shall be actuarially determined as of the date of designation.
L. 87: Entire article R&RE, p. 1066, § 1, effective July 1. L. 88: Entire section amended, p. 961, § 10, effective July 1. L. 92: (4) added, p. 1141, § 17, effective May 1. L. 2006: (1) amended, p. 1184, § 18, effective May 25.
(1) This section is similar to former §§ 24-51-112, 24-51-212, and 24-51-608 as they existed prior to 1987.
(2) Although section 19 of chapter 175, Session Laws of Colorado 1992, provided that section 17 of said chapter amending this section was to take effect May 1, 1992, the governor did not approve the act until May 19, 1992.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-901 - Survivor benefits reserve

A survivor benefits reserve is hereby created to provide monthly survivor benefits to eligible survivors of certain deceased members and certain deceased inactive members.
L. 87: Entire article R&RE, p. 1067, § 1, effective July 1.
This section is similar to former § 24-51-801 as it existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-902 - Modification of named beneficiaries

A named beneficiary may be added, deleted, or changed by a member or inactive member, including members from the Denver public schools division, upon written notice to the association.
L. 87: Entire article R&RE, p. 1067, § 1, July 1. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1346, § 36, effective 1/1/2010.
This section is similar to former §§ 24-51-114, 24-51-217, and 24-51-612 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-903 - Distribution to named beneficiaries

All named beneficiaries, if more than one, who survive the deceased member or deceased inactive member, including members from the Denver public schools division, shall share equally in a single payment.
L. 87: Entire article R&RE, p. 1067, § 1, effective July 1. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1346, § 37, effective 1/1/2010.
This section is similar to former §§ 24-51-115, 24-51-117, 24-51-217, and 24-51-612 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-904 - Survivor benefits - eligibility - "member" defined

(1)
(a)
Survivor benefits may become payable if the deceased person was:
(I)
A member who had earned at least one year of service credit; except that such one-year service requirement shall be waived if the death of the member was job-incurred; or
(II)
An inactive member who had earned at least one year but less than five years of service credit with at least six months of the service credit earned within three years immediately preceding death and the board finds that the inactive member died from the same illness or injury which caused the termination of employment for such inactive member; or
(III)
An inactive member who had earned at least five years of service credit.
(b)
For the purposes of this part 9, unless the context otherwise requires, "member" means a deceased member or a deceased inactive member who meets the eligibility requirements for survivor benefits on the date of death of such member.
(2)
In the event the member did not meet the service credit requirements specified in subsection (1) of this section, no survivor benefits shall be payable; however, a single payment shall be made to the named beneficiary of such member or, if no named beneficiary exists, to the estate of the member.
(3)
Notwithstanding any other provisions of this part 9, unless otherwise indicated, survivor payments of DPS members shall be governed by sections
24-51-1735
to
24-51-1746
. Pursuant to the portability provisions of part 17 of this article, any frozen accounts shall be treated as inactive and governed by the survivor provisions applicable to the frozen account.
L. 87: Entire article R&RE, p. 1067, § 1, effective July 1. L. 88: (1)(a)(II) amended and (1)(a)(III) added, p. 961, § 11, effective July 1. L. 2009: (3) added, (SB 09 -282), ch. 288, p. 1346, § 38, effective 1/1/2010.
This section is similar to former §§ 24-51-117, 24-51-217, 24-51-612 , and 24-51-803 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-905 - Deceased member who was not eligible for service or reduced service retirement

(1)
In accordance with the provisions of this part 9, if a member met the service credit requirements specified in section
24-51-904 (1)(a)(I) or (1)(a)(II)
but did not meet the age and service credit requirements for service retirement as of the date of death, pursuant to the provisions of section
24-51-602
or
24-51-604
, survivor benefits or a single payment shall be payable in the following order:
(a)
To qualified children who are under twenty-three years of age;
(b)
To the surviving spouse of the member if no qualified children specified in paragraph (a) of this subsection (1) exist;
(c)
To qualified children who are twenty-three years of age or older if none of the persons specified in paragraphs (a) and (b) of this subsection (1) exist;
(d)
To dependent parents if none of the persons specified in paragraphs (a) to (c) of this subsection (1) exist;
(e)
To the named beneficiary if none of the persons specified in paragraphs (a) to (d) of this subsection (1) exist;
(f)
To the estate of the deceased member if none of the persons specified in paragraphs (a) to (e) of this subsection (1) exist.
(2)
If an inactive member who had earned at least five years of service credit dies, survivor benefits or a single payment shall be payable in the following order:
(a)
To the surviving spouse;
(b)
To the named beneficiary if no surviving spouse exists;
(c)
To the estate of the deceased member if neither of the persons specified in paragraphs (a) and (b) of this subsection (2) exists.
L. 87: Entire article R&RE, p. 1067, § 1, effective July 1. L. 88: (1) amended and (2) added, p. 961, § 12, effective July 1. L. 90: (1) R&RE, p. 1251, § 1, effective July 1. L. 97: IP(1) amended, p. 66, § 12, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-906 - Deceased member who was eligible for service or reduced service retirement

(1)
In accordance with the provisions of this part 9, if a member met the age and service credit requirements for service retirement as of the date of death, pursuant to the provisions of section
24-51-602
or
24-51-604
, survivor benefits or a single payment shall be payable in the following order:
(a)
To the cobeneficiary;
(b)
To the surviving spouse of the member if no cobeneficiary specified in paragraph (a) of this subsection (1) exists;
(c)
To qualified children if none of the persons specified in paragraphs (a) and (b) of this subsection (1) exist;
(d)
To dependent parents if none of the persons specified in paragraphs (a) to (c) of this subsection (1) exist;
(e)
To the named beneficiary if none of the persons specified in paragraphs (a) to (d) of this subsection (1) exist;
(f)
To the estate of the deceased member if none of the persons specified in paragraphs (a) to (e) of this subsection (1) exist.
L. 87: Entire article R&RE, p. 1068, § 1, effective July 1. L. 97: IP(1) amended, p. 67, § 13, effective July 1.
This section is similar to former §§ 24-51-125, 24-51-806, and 24-51-807 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-907 - Form of survivor benefits and single payments

(1)
Survivor benefits shall be payable if received by persons specified in section
24-51-905 (1)(a) or (1)(c)
or
24-51-906 (1)(a) or (1)(c)
.
(2)
A single payment shall be payable if received by persons specified in section
24-51-905 (1)(e), (1)(f), (2)(b), or (2)(c)
or
24-51-906 (1)(e) or (1)(f)
.
(3)
Surviving spouses or dependent parents specified in section
24-51-905 (1)(b), (1)(d), and (2)(a)
and in section
24-51-906 (1)(b) and (1)(d)
shall be paid survivor benefits unless they also qualify as a named beneficiary specified in section
24-51-905 (1)(e) or (2)(b)
or
24-51-906 (1)(e)
, in which case they may elect to receive a single payment or survivor benefits.
L. 87: Entire article R&RE, p. 1068, § 1, effective July 1. L. 88: (2) and (3) amended, p. 962, § 13, effective July 1. L. 90: Entire section amended, p. 1252, § 2, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-909 - Surviving spouse's benefits

A surviving spouse's benefit shall be equal to twenty-five percent of the highest average salary of the deceased member.
L. 87: Entire article R&RE, p. 1069, § 1, effective July 1. L. 88: Entire section amended, p. 962, § 15, effective July 1.
This section is similar to former §§ 24-51-612 and 24-51-804 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-910 - Option 3 benefits

The option 3 benefits provided for in this part 9 shall be the same as those benefits specified in section
24-51-801 (1)(c)
and calculated pursuant to the provisions of section
24-51-603
or
24-51-605.5 (2)
, whichever provides the greater benefit, as if the deceased member had retired on the day of death; but in no case shall the option 3 benefits be less than twenty-five percent of the deceased member's highest average salary if the deceased member had at least ten years of service credit.
L. 87: Entire article R&RE, p. 1069, § 1, effective July 1. L. 88: Entire section amended, pp. 962, 971, §§ 16, 8, effective July 1. L. 95: Entire section amended, p. 555, § 11, effective July 1.
This section is similar to former §§ 24-51-125 and 24-51-612 as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-912 - Termination of survivor benefits

(1)
Survivor benefits payable pursuant to the provisions of section
24-51-908
shall terminate when the benefit recipient dies or is no longer qualified to receive such benefits.
(2)
Qualified children's survivor benefits shall terminate when the children marry or the board finds that such children are no longer mentally or physically incapacitated.
(3)
When children's survivor benefits paid pursuant to section
24-51-905 (1)(a)
are no longer payable, the surviving spouse may elect to receive:
(a)
An option 3 benefit pursuant to the provisions of section
24-51-910
;
(b)
A surviving spouse's benefit pursuant to the provisions of section
24-51-909
; or
(c)
A single payment of any moneys remaining from the total of the amount credited to the member contribution account of the member and matching employer contributions.
(4)
In the event that a surviving spouse remarries prior to July 1, 1997, survivor benefits paid as surviving spouse's benefits pursuant to the provisions of section
24-51-909
shall terminate upon the remarriage of such spouse.
(5)
Survivor benefits paid to a dependent parent of a member pursuant to the provisions of section
24-51-908 (5)
shall terminate upon the remarriage of said parent.
(6)
If the association is paying a supplemental needs trust pursuant to section
24-51-911 (8)
, such payment terminates and the provisions of this section and section
24-51-913
apply when the beneficiary of such supplemental needs trust is no longer eligible to receive survivor benefits. If a supplemental needs trust is determined to be invalid or terminates after the association commences payment to the supplemental needs trust, the survivor benefit, from then on, is paid to the beneficiary of the supplemental needs trust so long as that beneficiary is eligible for survivor benefits.
L. 87: Entire article R&RE, p. 1070, § 1, effective July 1. L. 90: IP(3) amended, p. 1252, § 5, effective July 1. L. 91, 2nd Ex. Sess.: (3)(c) amended, p. 71, § 3, effective October 11. L. 92: (2) amended, p. 1109, § 4, effective May 14. L. 95: (3)(c) amended, p. 556, § 13, effective July 1. L. 97: (4) amended, p. 67, § 14, effective July 1. L. 2015: (6) added, (SB 15-097), ch. 111, p. 327, § 6, effective April 16.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-913 - Payment upon termination of survivor benefits

(1)
Upon termination of survivor benefits as specified in section
24-51-912
prior to the association's having paid survivor benefits equal to the total of the amount of moneys credited to the member contribution account of the member and matching employer contributions, any remaining moneys shall be paid in the following order:
(a)
To the named beneficiaries;
(b)
To the estate of the member if no named beneficiaries specified in paragraph (a) of this subsection (1) exist.
L. 87: Entire article R&RE, p. 1071, § 1, effective July 1. L. 91, 2nd Ex. Sess.: IP(1) amended, p. 71, § 4, effective October 11. L. 95: IP(1) amended, p. 556, § 14, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1987.
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 9 - SURVIVOR BENEFITS (§§ 24-51-901 — 24-51-914) › Section 24-51-914 - [Repealed]

L. 87: Entire article R&RE, p. 1071, § 1, effective July 1. L. 2009: Entire section repealed, (SB 09 -282), ch. 288, p. 1346, § 39, effective 1/1/2010.
This section was similar to former § 24-51-505 as it existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1003 - Annual increases in the base benefit

The percentage recalculated pursuant to the provisions of section
24-51-1002
shall be multiplied by the base benefit or retirement allowance as defined in section
24-51-1702 (34)
, whichever is applicable, to determine the increased benefit. In no case shall the benefit paid be less than the base benefit or retirement allowance, whichever is applicable.
L. 87: Entire article R&RE, p. 1071, § 1, effective July 1. L. 93: Entire section amended, p. 479, § 8, effective 3/1/1994. L. 2006: Entire section amended, p. 1502, § 42, effective June 1. L. 2010: Entire section amended, (SB 10 -001), ch. 2, p. 21, § 21, effective February 23.
This section is similar to former §§ 24-51-135, 24-51-225, and 24-51-614 as they existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1004 - [Repealed]

L. 87: Entire article R&RE, p. 1072, § 1, effective July 1. L. 92: Entire section amended, p. 1136, § 8, effective July 1. L. 93: Entire section repealed, p. 479, § 9, effective 3/1/1994.
This section was similar to former §§ 24-51-135, 24-51-225, and 24-51-614 as they existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1005 - [Repealed]

L. 87: Entire article R&RE, p. 1072, § 1, effective July 1. L. 92: Entire section amended, p. 1136, § 9, effective July 1. L. 93: Entire section repealed, p. 480, § 12, effective 3/1/1994.
This section was similar to former § 24-51-136 as it existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1006 - [Repealed]

L. 87: Entire article R&RE, p. 1072, § 1, effective July 1. L. 88: Entire section amended, p. 973, § 1, effective July 1. L. 90: Entire section amended, p. 1254, § 1, effective July 1. L. 92: Entire section amended, p. 1137, § 10, effective July 1. L. 93: Entire section repealed, p. 480, § 13, effective 3/1/1994.
This section was similar to former § 24-51-136 as it existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1007 - [Repealed]

L. 87: Entire article R&RE, p. 1073, § 1, effective July 1. L. 92: Entire section repealed, p. 1138 § 11, effective July 1.
This section was similar to former §§ 24-51-139 and 24-51-140 as they existed prior to 1987.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1008 - [Repealed]

L. 87: Entire article R&RE, p. 1073, § 1, effective July 1. L. 92: Entire section repealed, p. 1139, § 12, effective May 1.
(1) This section was similar to former § 24-51-1203 as it existed prior to 1987.
(2) Although section 19 of chapter 175, Session Laws of Colorado 1992, provided that section 12 of said chapter repealing this section was to take effect May 1, 1992, the governor did not approve the act until May 19, 1992.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1009.5 - Annual increase amount changes

When the actuarial funded ratio of the association, based on the actuarial value of assets, is at or above one hundred three percent as determined in the annual actuarial study of the association, the upper limit of the annual increase shall be increased by one-quarter of one percent.
Amended by 2018 Ch. 370, § 20, eff. 6/4/2018.
L. 2010: Entire section added, (SB 10 -001), ch. 2, p. 22, § 23, effective February 23. L. 2018: Entire section amended, (SB 18-200), ch. 370, p. 2256, § 20, effective June 4.
For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
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 10 - INCREASES IN BENEFITS (§§ 24-51-1001 — 24-51-1010) › Section 24-51-1010 - Increase in benefits - actuarial assessment required

(1)
Before increasing benefits provided by the association, the general assembly shall cause to be conducted pursuant to subsection (2) of this section an actuarial assessment to ensure that the increases in benefits would not cause the actuarial value of assets of the association to decline below ninety percent of the actuarial accrued liabilities of the association.
(2)
Upon direction from the president of the senate and the speaker of the house of representatives, the director of research of the legislative council shall contract with a private person to conduct an actuarial assessment of the association. The assessment shall be conducted to determine whether and to what extent an increase in the benefits provided by the association would cause the actuarial value of the assets of the association to decline below ninety percent of the actuarial accrued liabilities of the association. The assessment shall be completed and a final report of its findings and conclusions shall be submitted to the general assembly as soon as practicable. The person conducting the actuarial assessment of the association and such person's employees shall, during the term of the contract, have access to any necessary documents and information in the custody of the association.
L. 2006: Entire section added, p. 1186, § 21, effective May 25.
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 24-51-1102 - Reduction of a service retirement benefit - disclosure of service agreements by employers - definitions

(1)
Except as otherwise provided in part 17 of this article, employment of a retiree by an employer, whether or not in a position subject to membership, that exceeds the daily or hourly calendar year limits stated in section
24-51-1101 (1)
shall result in a reduction of the benefit of such retiree by five percent per day for any part of a day that exceeds said limits. Any reduction of benefits pursuant to the provisions of this subsection (1) that exceeds one hundred percent of the benefit shall be carried forward to reduce future months' benefits.
(2)
Employment of a retiree by an employer, whether or not in a position subject to membership, that occurs during the month of the effective date of retirement shall result in a reduction of the benefit of such retiree by five percent per day for any part of a day that the retiree works during such month. Any reduction of benefits pursuant to the provisions of this subsection (2) that exceeds one hundred percent of the benefit shall be carried forward to reduce future months' benefits.
(3)
Each employer shall provide a copy to the association of any tax-related information on its employees or other individuals or firms whereby the employer receives services in any form, pursuant to rules promulgated by the association. In addition, each employer shall provide a copy to the association of any agreement, contract, letter of understanding, or other arrangement whereby the employer will receive services in any form, upon request by the association.
(4)
For purposes of subsections (1) and (2) of this section, "employment" shall be determined by the association consistent with the internal revenue service's guidance in revenue ruling 87-41, 1987 - 1 C.B. 296, as revised from time to time.
L. 87: Entire article R&RE, p. 1073, § 1, effective July 1. L. 91: Entire section amended, p. 878, § 11, effective July 1. L. 94: Entire section amended, p. 2579, § 2, effective June 3. L. 2001: Entire section amended, p. 54, § 2, effective July 1. L. 2003: (1) amended, p. 2658, § 6, effective June 5. L. 2005: (3) and (4) added, p. 902, § 3, effective June 2. L. 2006: (4) amended, p. 1188, § 23, effective May 25. L. 2009: (1) amended, (SB 09 -282), ch. 288, p. 1347, § 43, 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 11 - EMPLOYMENT AFTER RETIREMENT (§§ 24-51-1101 — 24-51-1105) › Section 24-51-1103.5 - [Repealed]

L. 2000: Entire section added, p. 1596, § 3, effective July 1. L. 2003: (2.5) added and (3) amended, p. 2179, § 3, effective June 3.
Subsection (3) provided for the repeal of this section, effective July 1, 2005. (See L. 2003, p. 2179.)
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 24-51-1104 - Employment after disability retirement

A disability retiree from any division whose disability application was received by the association prior to January 1, 1999, may be employed by an employer, whether or not in a position subject to membership, without any reduction in benefits pursuant to the terms and conditions specified in sections
24-51-1101
to
24-51-1103
and in section
24-51-707
. However, if the disabling condition returns, the disability benefit may begin again upon the application of such member and approval of such application by the board.
L. 87: Entire article R&RE, p. 1074, § 1, effective July 1. L. 91: Entire section amended, p. 879, § 13, effective July 1. L. 94: Entire section amended, p. 2580, § 4, effective June 3. L. 97: Entire section amended, p. 778, § 14, effective July 1.
This section is similar to former §§ 24-51-115 and 24-51-213 as they existed prior to 1987.
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 12 - HEALTH CARE PROGRAM (§§ 24-51-1201 — 24-51-1208) › Section 24-51-1201 - Health care trust fund

(1)
There is hereby created a health care trust fund to provide, for the state, school, local government, and judicial divisions, a premium subsidy for health care to benefit recipients choosing to enroll in the health care program and for a proportionate portion of the expenses of the program.
(2)
There is hereby created a health care trust fund to provide, for the Denver public schools division, a premium subsidy for health care to benefit recipients choosing to enroll in the health care program and for a proportionate portion of the expenses of the program. The board of education of the Denver public schools shall by trustee-to-trustee transfer place within the health care trust fund for the Denver public schools division the balance of the Denver public schools retiree health benefit trust held by the board of education on January 1, 2010.
L. 87: Entire article R&RE, p. 1075, § 1, effective July 1. L. 99: Entire section amended, p. 341, § 6, effective July 1. L. 2009: Entire section amended, (SB 09 -282), ch. 288, p. 1348, § 45, effective 1/1/2010.
This section is similar to former § 24-51-1411 as it existed prior to 1987.