Colorado § 23-6-104 Fund - limitation on pension

Colorado Statutes

§ 23-6-104 — Fund - limitation on pension

Colorado § 23-6-104

Title 23Postsecondary Education

Art.Higher Education Emeritus

This text of Colorado § 23-6-104 (Fund - limitation on pension) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 23-6-104 (2026).

Text

(1)There is hereby created a state institutions of higher education emeritus retirement fund from which the commissioner of education shall authorize payments from such appropriations as are made to the fund, as follows:

(a)(I) To any faculty member eligible under section 23-6-101 (2)(a), (2)(b), or

(2)(c), a monthly payment of two hundred forty dollars or a lesser sum which, together with any pension or retirement benefit or annuity which at the time of his retirement he was eligible to receive from any other retirement or annuity pension fund supported in whole or in part by the state of Colorado or its political subdivisions, provides a total retirement income of three hundred fifty dollars per month; and, effective July 1, 1975, and each year thereafter, said amount shall b

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(1) There is hereby created a state
institutions of higher education emeritus retirement fund from which the
commissioner of education shall authorize payments from such appropriations as
are made to the fund, as follows:

(a) (I) To any faculty member eligible under section 23-6-101 (2)(a), (2)(b), or
(2)(c), a monthly payment of two hundred forty dollars or a lesser sum which,
together with any pension or retirement benefit or annuity which at the time of his
retirement he was eligible to receive from any other retirement or annuity pension
fund supported in whole or in part by the state of Colorado or its political
subdivisions, provides a total retirement income of three hundred fifty dollars per
month; and, effective July 1, 1975, and each year thereafter, said amount shall be
increased by three percent.

(II) For the fiscal year commencing July 1, 1980, payments and amounts
provided for in subparagraph (I) of this paragraph (a) shall be increased by eight
percent or the average percentage increase in the state salary survey for 1980-81,
whichever is higher. Effective July 1, 1981, and each fiscal year thereafter, the
percentage increase shall be commensurate with the average state salary survey
percentage increase.

(b) To any faculty member eligible under section 23-6-101 (2)(d), a monthly
payment determined as specified in paragraph (a) of this subsection (1) after
multiplying each dollar sum specified therein by that fraction given by multiplying
years of service by one-twentieth;

(c) To any surviving spouse eligible under section 23-6-101 (3)(a) or (3)(c), a
monthly payment of one hundred twenty-five dollars or a lesser sum which,
together with any pension or annuity or retirement benefit received from any other
retirement or annuity pension fund supported in whole or in part by the state of
Colorado or its political subdivisions, provides a total retirement benefit of one
hundred seventy-five dollars per month;

(d) To any surviving spouse eligible under section 23-6-101 (3)(b) or (3)(d), a
monthly payment determined as specified in paragraph (c) of this subsection (1)
after multiplying each dollar sum specified therein by that fraction determined by
multiplying years of faculty member's service by one-twentieth.

(2) If at any time there are insufficient moneys in the state institutions of
higher education emeritus retirement fund to pay the full amount of the retirement
benefits provided by this article, said moneys shall be distributed as follows:

(a) Each eligible faculty member shall receive that payment which, together
with all other retirement benefits supported in whole or in part by the state of
Colorado or its political subdivisions, provides a retirement income of two hundred
dollars per month, or the surviving spouse shall receive one hundred dollars per
month.

(b) From the moneys remaining after the above specified allotments are
made, each faculty member shall receive that additional payment which, together
with all other retirement benefits supported in whole or in part by the state of
Colorado or its political subdivisions, provides a retirement income of two hundred
fifty dollars per month, or the surviving spouse shall receive one hundred twenty-five dollars per month.

(c) All moneys remaining after the above specified allotments are fulfilled
shall be prorated among all eligible recipients to provide, within the limits of the
moneys available, those additional benefits for which each is eligible under
subsection (1)(a) to (1)(d) of this section.

Legislative History

Source: L. 54: p. 161, � 4. CRS 53: � 124-17-4. L. 57: p. 719, � 1. C.R.S. 1963: � 124-16-4. L. 67: p. 728, � 1. L. 74: (1)(a) amended, p. 361, � 2, effective July 1. L. 80: (1)(a) amended, p. 568, � 2, effective July 1. L. 2004: IP(2) amended, p. 202, � 19, effective August 4.