§ 24-51-1736 — Eligibility for survivor benefits

Colorado § 24-51-1736

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Employees' Retirement Association

Text

(1) No benefits shall be payable
under sections 24-51-1736 to 24-51-1746 unless all of the following conditions are
met:

(a) At the time of death the deceased member was a contributing member, or
a contributing member who retired for disability on or after July 1, 1962, and who
would not be precluded pursuant to the DPS plan document from rights for survivor
benefits.

(b) The deceased contributing member was a regular employee in the active
service of the district continuously for the five-year period prior to said member's
death, said five-year period having been contributing service, except:

(I) Absence on sabbatical leave or on a leave for restoration of health on a
half-salary basis for periods during which contributions are paid shall be deemed
continuous employment within the meaning of sections 24-51-1736 to 24-51-1746
and included in the required five-year period. Time absent from employment
because of leave other than sabbatical leave or a leave for restoration of health on
a half-salary basis and time absent from employment because of a permitted
absence not constituting a termination of regular employment shall be disregarded
and for the purposes of sections 24-51-1736 to 24-51-1746 shall not be deemed
either an interruption of service or included in the required five-year period.

(II) If the deceased member was retired for disability on or after July 1, 1962,
and was a contributing member upon the effective date of disability retirement, the
requirement of five years of service prior to death shall be waived.

Legislative History

Source: L. 2009: Entire part added, (SB 09-282), ch. 288, p. 1379, � 56, effective January 1, 2010.