§ 24-19-103 — Prohibition against postemployment compensation - exception

(1) Except as provided in subsection (2) of this section, notwithstanding any other
provision of law to the contrary, no governmental unit or government-financed
entity shall pay postemployment compensation to any government-supported
official or employee.

(2) (a) At the option of the appointing authority for any government-supported official or employee, such official or employee may be provided
postemployment compensation that consists of the payment of up to a maximum of
three months of salary for such official or employee and the provision of up to a
maximum of three months of employee benefits for such official or employee. No
postemployment compensation shall be provided other than cash payments and the
provision of employee benefits. Postemployment compensation may be approved
and provided only if the government-supported official or employee who is to
receive such compensation was employed by the governmental unit or government-financed entity for less than five years; except that postemployment compensation
may be approved and provided for an official or employee of a state institution of
higher education or of the Auraria higher education center, regardless of the length
of employment.

(b) Postemployment compensation may be provided to any government-supported official or employee only if the appointing authority for the official or
employee takes positive action to approve such compensation. The provisions of
this subsection (2) shall not be construed to authorize any employment contract
term requiring the provision of postemployment compensation in violation of the
provisions of section 24-19-104. Postemployment compensation payments shall be
solely the option of the appointing authority for a government-supported official or
employee and no official or employee shall be entitled to or have any right to
receive any postemployment compensation.

(3) Any employment contract, employment contract extension, or other
agreement between a governmental unit or government-financed entity and a
government-supported official or employee that is not substantially in compliance
with this section is null and void. Any payment made to any person by a
governmental unit or government-financed entity in violation of this section is
illegal and the recipient of such payment shall return the payment to the
governmental unit or government-financed entity.

Legislative History

Source: L. 93: Entire article added, p. 664, � 1, effective July 1. L. 96: (3) added, p. 850, � 2, effective May 23. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1852, � 30, effective June 9.