§ 24-51-305.5 — Employees of district attorneys

Colorado § 24-51-305.5

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

Text

(1) (a) The boards of county
commissioners of the counties within a judicial district, in consultation with the
district attorney for the judicial district, may authorize any assistant district
attorney, chief deputy district attorney, or deputy district attorney in the judicial
district to make a one-time irrevocable written election to become a member of the
association's defined benefit plan or the association's defined contribution plan.
Any such authority shall be granted on or before January 1, 2004, unless the boards
of county commissioners make a finding that it was not fiscally appropriate to make
the election prior to such date. No election shall be made pursuant to this
subsection (1) unless authorized by the boards of county commissioners pursuant to
this paragraph (a).

(b) An assistant district attorney, chief deputy district attorney, or deputy
district attorney hired prior to the date upon which the boards of county
commissioners authorize an election pursuant to paragraph (a) of this subsection (1)
shall have sixty days from such date to make an election. In the absence of such
election, such person shall continue to participate in his or her existing retirement
system.

(c) An assistant district attorney, chief deputy district attorney, or deputy
district attorney hired on or after the date upon which the boards of county
commissioners authorize an election pursuant to paragraph (a) of this subsection (1)
shall have sixty days from the date of commencing employment to make an
election. In the absence of such election, such person shall be a member of the
association's defined benefit plan.

(2) (a) The boards of county commissioners of the counties within a judicial
district, in consultation with the district attorney for the judicial district, may elect
to have the employees of the district attorney become members of the
association's defined benefit plan or the association's defined contribution plan.
The election shall be approved by not less than sixty-five percent of the employees
of the district attorney. An election pursuant to this paragraph (a) shall be made
prior to January 1, 2004, unless the boards of county commissioners make a finding
that it was not fiscally appropriate to make the election prior to such date.

(b) If an election is made pursuant to paragraph (a) of this subsection (2), the
boards of county commissioners, in consultation with the district attorney, shall
further determine whether to have the employees either become members of the
association's defined benefit plan or the association's defined contribution plan.
The determination shall be approved by not less than sixty-five percent of the
employees of the district attorney.

(c) If either the election specified in paragraph (a) of this subsection (2) or
the determination specified in paragraph (b) of this subsection (2) is not approved
as provided in said paragraphs, then the employees of the district attorney shall not
become members of the association's defined benefit plan or the association's
defined contribution plan. No more than one election may be made in a judicial
district in any calendar year. If the boards of county commissioners determine that
the employees shall become members of the defined benefit plan, then no
employee of the district attorney shall participate in the defined contribution plan.
If the boards determine that the employees shall participate in the defined
contribution plan, then no employee shall become a member of the defined benefit
plan.

(d) An employee of a district attorney hired prior to the date upon which the
employees of the district attorney approve the determination of the boards of
county commissioners pursuant to paragraph (b) of this subsection (2) shall have
sixty days from such date to make a one-time irrevocable election to become a
member of the association's defined benefit plan or the association's defined
contribution plan in accordance with the determination. In the absence of such
election, such person shall continue to participate in his or her existing retirement
plan.

(e) An employee of a district attorney hired on or after the date upon which
the employees of the district attorney approve the determination of the boards of
county commissioners pursuant to paragraph (b) of this subsection (2) shall become
a member of the association's defined benefit plan or the association's defined
contribution plan in accordance with the determination.

(f) The boards of county commissioners of the counties within a judicial
district, in consultation with the district attorney for the judicial district, may make
application to the board to terminate affiliation with the association. Said
application shall be made by submitting a resolution adopted by the boards of
county commissioners that has been approved by at least sixty-five percent of the
employees of the district attorney who are members or who participate in the plan.
Applications to the board shall be made in accordance with the provisions of
section 24-51-313.

(g) For purposes of this subsection (2), the term employee of a district
attorney shall not include an assistant district attorney, chief deputy district
attorney, or deputy district attorney.

(3) An assistant district attorney, chief deputy district attorney, deputy
district attorney, or other employee of a district attorney who becomes a member of
the association shall be a member of the state division. The judicial district
employing such member shall be designated as a state employer that has affiliated
with the association pursuant to section 24-51-309.

Legislative History

Source: L. 2003: Entire section added, p. 1291, � 1, effective August 6. L. 2004: (3) amended, p. 1941, � 10, effective January 1, 2006. L. 2009: (1)(a), (1)(c), (2)(a), (2)(b), (2)(c), (2)(d), (2)(e), and (2)(f) amended, (SB 09-066), ch. 73, p. 247, � 3, effective March 31.