For the purposes of this article, unless the context
otherwise requires:
(1)Government-financed entity means any organization, group, or other
entity if:
(a)Such entity is composed of members which are governmental units or
who are officials or employees of governmental units; and
(b)At least fifty percent of the annual operating budget for such entity is
derived from dues, contributions, or other payments received from governmental
units.
(2)Government-supported official or employee means any person who is
employed or who was employed by a governmental unit or by a government-financed entity and who is or was a manager, an official, or an administrator for
such governmental unit or government-financed entity.
(3)(a) Governmental unit means the state of Colorado, any depar
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For the purposes of this article, unless the context
otherwise requires:
(1) Government-financed entity means any organization, group, or other
entity if:
(a) Such entity is composed of members which are governmental units or
who are officials or employees of governmental units; and
(b) At least fifty percent of the annual operating budget for such entity is
derived from dues, contributions, or other payments received from governmental
units.
(2) Government-supported official or employee means any person who is
employed or who was employed by a governmental unit or by a government-financed entity and who is or was a manager, an official, or an administrator for
such governmental unit or government-financed entity.
(3) (a) Governmental unit means the state of Colorado, any department,
division, section, unit, office, commission, board, institution, institution of higher
education, or other agency of the executive, legislative, or judicial branch of the
state government, or any local government, authority, public corporation, body
politic, or other instrumentality of the state.
(b) Governmental unit does not include the university of Colorado hospital
authority created pursuant to section 23-21-503, C.R.S., or the Denver health and
hospital authority created in section 25-29-103, C.R.S.
(4) Local government means a county, municipality, city and county, or
school district or a special district created pursuant to the Special District Act,
article 1 of title 32, C.R.S.
(5) (a) Postemployment compensation means compensation paid to a
government-supported official or employee after termination of such government-supported official or employee's employment from a particular employment
position with a governmental unit or a government-financed entity or after
termination of the performance of actual services for such governmental unit or
government-financed entity in such employment position if such compensation was
not earned prior to such termination or, for an official or employee who becomes
employed in a new position with the governmental unit or government-financed
entity after such termination, if such compensation was not earned in the new
position. Postemployment compensation shall include, but is not limited to, the
provision of any unearned postemployment employee benefits. Postemployment
compensation does not include the following:
(I) Any retirement benefits earned by a government-supported official or
employee during the employment of such official or employee with a governmental
unit or government-financed entity;
(II) Any payment made as a part of a bona fide early retirement program that
is available to a class of five or more government-supported officials or employees;
(III) Any payments of deferred compensation that have been earned by a
government-supported official or employee during the employment of such official
or employee with a governmental unit or government-financed entity;
(IV) Any workers' compensation payment; or
(V) Any unemployment compensation payment.
(b) The term postemployment compensation includes any retirement
benefits or any payments of deferred compensation to be paid into a retirement
fund or deferred compensation plan after termination of performance of actual
services for the particular employment position in the usual course of said
employment. The prohibition of postemployment compensation is intended to
eliminate any employment contract provision that binds the employer to make
payments into a retirement fund or deferred compensation program after
termination of performance of actual services in an employment position. Said
prohibition is not intended to forbid the receipt of benefits or payments earned
during actual performance of services if these benefits or payments are to be
credited to or received by the employee after termination of actual performance of
services for an employment position.
(c) Unless otherwise excluded by the provisions of this article, the term
postemployment compensation includes any payment made to a government-supported official or employee after the term of employment of such official or
employee in a particular employment position has ended pursuant to a settlement
agreement between a governmental unit or government-financed entity and the
official or employee; except that such payment is not postemployment
compensation if such payment is made as part of a bona fide settlement of a
legitimate legal dispute.