§ 24-51-1001 — Types of benefit increases
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(1) For benefit recipients whose
benefits are based on the account of a member who was a member, inactive
member, or retiree on December 31, 2006, or for benefit recipients whose benefits
are based on the account of a DPS member or DPS retiree, annual increases in
retirement benefits and survivor benefits shall be effective with the July benefit.
Such increases in benefits shall be calculated in accordance with sections 24-51-1002 and 24-51-1003, subject to section 24-51-413, and shall be paid from the
retirement benefits reserve or the survivor benefits reserve, as appropriate, so long
as the following requirements are satisfied:
(a) For benefit recipients whose benefit is based on a retiree or DPS retiree
whose effective date of retirement is prior to January 1, 2011, or whose survivor
benefits are based on a date of death that occurred prior to January 1, 2011, the
benefits have been paid to the benefit recipient for at least seven months preceding
July 1.
(b) For benefit recipients whose benefit is based on a retiree or DPS retiree
whose effective date of retirement is on or after January 1, 2011, or whose survivor
benefits are based on a date of death that is on or after January 1, 2011, and an
annual increase has been applied to the benefit on or before May 1, 2018, the
benefits have been paid to the benefit recipient for the twelve months prior to July
1, and for benefit recipients whose benefit is based upon a retiree or DPS retiree
who was not eligible to retire as of January 1, 2011, the benefits have been paid to
the benefit recipient for the twelve months prior to July 1 and an annual increase
has been applied to the benefit on or before May 1, 2018, the retiree met the
following requirements:
(I) For DPS members with five or more years of service credit as of January 1,
2011, and for members who are not state troopers who began membership prior to
July 1, 2005, and have five or more years of service credit as of January 1, 2011, the
retiree retired with a service retirement benefit pursuant to section 24-51-602 or
24-51-1713, whichever is applicable, or retired with a reduced service retirement
benefit pursuant to section 24-51-604 or 24-51-1714, whichever is applicable, but
has, as of January 1, attained the age and service credit years that when combined
total at least eighty years, or retired with a reduced service retirement benefit
pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(II) For members who are not state troopers who began membership on or
after July 1, 2005, but prior to January 1, 2007, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-five
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(III) For DPS members with less than five years of service credit as of January
1, 2011, and for members whose membership began prior to January 1, 2007, with
less than five years of service credit as of January 1, 2011, the retiree retired with a
service retirement benefit pursuant to section 24-51-602, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age and service credit years that when combined total at least eighty-five years, or retired with a reduced service retirement benefit pursuant to section
24-51-604 but has, as of January 1, attained the age of sixty; or
(IV) For members who are state troopers and who were members, inactive
members, or retirees on December 31, 2006, the retiree retired with a service
retirement benefit pursuant to section 24-51-602 or retired with a reduced service
retirement benefit pursuant to section 24-51-604, but has, as of January 1, attained
the age and service credit years, when weighted with non-state trooper service
credit, that combined total at least seventy-five years, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age of fifty-five.
(b.5) For benefit recipients whose benefit is based on a retiree or DPS retiree
whose effective date of retirement is on or after January 1, 2011, or whose survivor
benefits are based on a date of death that is on or after January 1, 2011, and an
annual increase has not been applied to the retirement or survivor benefit on or
before May 1, 2018, the benefits have been paid to the benefit recipient for thirty-six months total before July 1, and benefits have been paid to the benefit recipient
for the twelve months prior to July 1, and for benefit recipients whose benefit is
based upon a retiree or DPS retiree who was not eligible to retire as of January 1,
2011, the retiree met the following requirements:
(I) For DPS members with five or more years of service credit as of January 1,
2011, and for members who are not state troopers who began membership prior to
July 1, 2005, and have five or more years of service credit as of January 1, 2011, the
retiree retired with a service retirement benefit pursuant to section 24-51-602 or
24-51-1713, whichever is applicable, or retired with a reduced service retirement
benefit pursuant to section 24-51-604 or 24-51-1714, whichever is applicable, but
has, as of January 1, attained the age and service credit years that when combined
total at least eighty years, or retired with a reduced service retirement benefit
pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(II) For members who are not state troopers who began membership on or
after July 1, 2005, but prior to January 1, 2007, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-five
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(III) For DPS members with less than five years of service credit as of January
1, 2011, and for members whose membership began prior to January 1, 2007, with
less than five years of service credit as of January 1, 2011, the retiree retired with a
service retirement benefit pursuant to section 24-51-602, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age and service credit years that when combined total at least eighty-five years, or retired with a reduced service retirement benefit pursuant to section
24-51-604 but has, as of January 1, attained the age of sixty; or
(IV) For members who are state troopers and who were members, inactive
members, or retirees on December 31, 2006, the retiree retired with a service
retirement benefit pursuant to section 24-51-602 or retired with a reduced service
retirement benefit pursuant to section 24-51-604, but has, as of January 1, attained
the age and service credit years, when weighted with non-state trooper service
credit, that combined total at least seventy-five years, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age of fifty-five.
(c) No minimum age or service credit requirement shall apply to disability
retirees or survivor benefit recipients.
(1.5) and (2) (Deleted by amendment, L. 93, p. 478, � 6, effective March 1,
1994.)
(3) For benefit recipients whose benefits are based on the account of a
member who was not a member, inactive member, or retiree on December 31, 2006,
annual increases in retirement benefits and survivor benefits, if any, shall be
effective with the July benefit in accordance with section 24-51-1009, subject to
section 24-51-413, and shall be paid from the retirement benefits reserve or the
survivor benefits reserve, as appropriate, so long as the following requirements are
satisfied:
(a) The benefits have been paid to the benefit recipient for the full preceding
calendar year and an annual increase has been applied to the retirement or survivor
benefit on or before May 1, 2018; and
(b) (I) For members who are not state troopers whose membership began on
or after January 1, 2007, but prior to January 1, 2011, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-five
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(II) For members who are not state troopers whose membership began on or
after January 1, 2011, but prior to January 1, 2017, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-eight
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(III) Subject to subsection (3)(b)(IV) of this section, for members who are not
state troopers whose membership began on or after January 1, 2017, the retiree
retired with a service retirement benefit pursuant to section 24-51-602, or retired
with a reduced service retirement benefit pursuant to section 24-51-604 but has, as
of January 1, attained the age and service credit years that when combined total at
least ninety years, or retired with a reduced service retirement benefit pursuant to
section 24-51-604 but has, as of January 1, attained the age of sixty;
(IV) For members whose membership began on or after January 1, 2017, the
retiree retired from the school or Denver public schools divisions with a reduced
service retirement benefit pursuant to section 24-51-604 and the retiree's most
recent ten years of service credit was earned in the school or Denver public schools
divisions, but, as of January 1, the retiree's age and total service credit total at least
eighty-eight years, or the retiree retired with a reduced service retirement benefit
pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty; or
(V) For members who are state troopers who were not members, inactive
members, or retirees on December 31, 2006, the retiree retired with a service
retirement benefit pursuant to section 24-51-602 or retired with a reduced service
retirement benefit pursuant to section 24-51-604, but has, as of January 1, attained
the age and service credit years, when weighted with non-state trooper service
credit, that combined total at least seventy-five years, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age of fifty-five.
(c) No minimum age or service credit requirement shall apply to disability
retirees or survivor benefit recipients.
(3.5) For benefit recipients whose benefits are based on the account of a
member who was not a member, inactive member, or retiree on December 31, 2006,
annual increases in retirement benefits and survivor benefits, if any, are effective
with the July benefit in accordance with section 24-51-1009, subject to section 24-51-413, and shall be paid from the retirement benefits reserve or the survivor
benefits reserve, as appropriate, so long as the following requirements are
satisfied:
(a) The benefits have been paid to the benefit recipient for thirty-six months
total, and benefits have been paid to the benefit recipient for the full preceding
calendar year, and an annual increase has not been applied to the retirement or
survivor benefit on or before May 1, 2018; and
(b) (I) For members who are not state troopers whose membership began on
or after January 1, 2007, but prior to January 1, 2011, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-five
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(II) For members who are not state troopers whose membership began on or
after January 1, 2011, but prior to January 1, 2017, the retiree retired with a service
retirement benefit pursuant to section 24-51-602, or retired with a reduced service
retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained
the age and service credit years that when combined total at least eighty-eight
years, or retired with a reduced service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(III) Subject to subsection (3.5)(b)(IV) of this section, for members who are
not state troopers whose membership began on or after January 1, 2017, the retiree
retired with a service retirement benefit pursuant to section 24- 51-602, or retired
with a reduced service retirement benefit pursuant to section 24-51-604 but has, as
of January 1, attained the age and service credit years that when combined total at
least ninety years, or retired with a reduced service retirement benefit pursuant to
section 24-51-604 but has, as of January 1, attained the age of sixty;
(IV) For members whose membership began on or after January 1, 2017, the
retiree retired from the school or Denver public schools divisions with a reduced
service retirement benefit pursuant to section 24-51-604 and the retiree's most
recent ten years of service credit was earned in the school or Denver public schools
divisions, but, as of January 1, the retiree's age and total service credit total at least
eighty-eight years, or the retiree retired with a reduced service retirement benefit
pursuant to section 24-51-604 but has, as of January 1, attained the age of sixty;
(V) For members who are state troopers who were not members, inactive
members, or retirees on December 31, 2006, but whose membership began before
January 1, 2020, the retiree retired with a service retirement benefit pursuant to
section 24-51-602 or retired with a reduced service retirement benefit pursuant to
section 24-51-604, but has, as of January 1, attained the age and service credit
years, when weighted with non-state trooper service credit, that combined total at
least seventy-five years, or retired with a reduced service retirement benefit
pursuant to section 24-51-604 but has, as of January 1, attained the age of fifty-five;
(VI) For members who are not state troopers whose membership began on or
after January 1, 2020, the retiree retired with a service retirement benefit pursuant
to section 24-51-602, or retired with a reduced service retirement benefit pursuant
to section 24-51-604 but has, as of January 1, attained the age and service credit
years that when combined total at least ninety-four years, or retired with a reduced
service retirement benefit pursuant to section 24-51-604 but has, as of January 1,
attained the age of sixty-four; or
(VII) For members who are state troopers whose membership began on or
after January 1, 2020, the retiree retired with a service retirement benefit pursuant
to section 24-51-602, or retired with a reduced service retirement benefit pursuant
to section 24-51-604, but has, as of January 1, attained the age and service credit
years, when weighted with non-state trooper service credit, that combined total at
least eighty years, or retired with a reduced service retirement benefit pursuant to
section 24-51-604 but has, as of January 1, attained the age of sixty.
(c) No minimum age or service credit requirement shall apply to disability
retirees or survivor benefit recipients.
(4) Benefits that are calculated pursuant to part 17 of this article 51 shall be
governed by the benefit increase provisions of such part 17.
Colorado § 24-51-1001 (Types of benefit increases) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.