Colorado § 24-51-310 Persons not eligible for membership

Colorado Statutes

§ 24-51-310 — Persons not eligible for membership

Colorado·Title 24 Government·Art. Public Employees' Retirement Association

(1)Persons not eligible for membership in the association include:

(a)(I) Students enrolled in an undergraduate or graduate program at and employed by a state college or university or by a public employer affiliated with a college or university, including the Auraria higher education center, when such employment is predicated on student status, whether or not required by federal law to be covered by a public employee retirement system or social security;

(II)Students enrolled and regularly attending classes in a school district and who have not graduated from high school whose employment by such district is predicated on student status;

(III)(A) Any other employees not described in subparagraph (I) or (II) of this paragraph (a) who are not required by federal law to be cover

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(1) Persons not eligible for
membership in the association include:

(a) (I) Students enrolled in an undergraduate or graduate program at and
employed by a state college or university or by a public employer affiliated with a
college or university, including the Auraria higher education center, when such
employment is predicated on student status, whether or not required by federal law
to be covered by a public employee retirement system or social security;

(II) Students enrolled and regularly attending classes in a school district and
who have not graduated from high school whose employment by such district is
predicated on student status;

(III) (A) Any other employees not described in subparagraph (I) or (II) of this
paragraph (a) who are not required by federal law to be covered by a public
employee retirement system or social security; except that a member of the
military employed pursuant to section 28-3-904, C.R.S., for more than thirty
consecutive days may elect to become a member of the association if the election
is made within sixty days after the member first becomes eligible.

(B) Notwithstanding the provision of sub-subparagraph (A) of this
subparagraph (III), retirees for whom coverage is not required by federal law shall
resume membership if such retirees return to work in a position subject to
membership, or in a position described in section 24-51-308, and if such retirees
voluntarily suspend their benefits.

(b) Participants in a university of Colorado retirement plan to the extent
required pursuant to section 23-20-139, C.R.S.;

(c) (Deleted by amendment, L. 91, p. 875, � 8, effective July 1, 1991.)

(d) Certain Colorado state university faculty and other employees of the
extension service who are employed in a cooperative work program with the United
States department of agriculture, whose participation in the federal civil service
retirement system is a prerequisite to such employment;

(e) (Deleted by amendment, L. 91, p. 1978, � 8, effective July 1, 1991.)

(f) Policemen and firefighters covered by an existing retirement system
pursuant to the laws of this state;

(g) Repealed.

(h) Independent contractors and consultants to employers;

(i) Employees of a nonprofit public hospital, long-term care facility, health-care facility, or veterans community living center which was previously affiliated
with the association if such employees were hired subsequent to the sale, lease, or
transfer of the hospital or veterans community living center;

(j) Employees of employers assigned to the local government division of the
association whose positions were covered only under social security for such
employment as of November 5, 1990, and employees in similar positions created
later by such employers;

(k) Participants in an optional retirement plan organized pursuant to article
54.5 of this title to the extent required by section 24-54.5-106; except that persons
who do not participate in such optional retirement plan shall remain members of the
association;

(l) Repealed.

(m) Directors of special districts serving pursuant to the Special District
Act, article 1 of title 32, who begin their service as directors on or after July 1, 2022.

Colorado § 24-51-310 (Persons not eligible for membership) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 87: Entire article R&RE, p. 1054, � 1, effective July 1. L. 91: Entire section amended, p. 875, � 8, effective July 1; (1)(e) amended, p. 1978, � 4, effective July 1. L. 92: (1)(k) added, p. 571, � 1, effective July 1. L. 93: (1)(a) amended, p. 1868, � 1, effective June 6. L. 94: (1)(l) added, p. 1250, � 1, effective July 1. L. 97: (1)(l) repealed, p. 820, � 15, effective June 30; (1)(f) amended, p. 1020, � 35, effective August 6. L. 98: (1)(k) amended, p. 914, � 1, effective July 1. L. 2003: (1)(g) repealed, p. 1293, � 2, effective August 6. L. 2004: (1)(k) amended, p. 1201, � 64, effective August 4; (1)(j) amended, p. 1941, � 11, effective January 1, 2006. L. 2005: (1)(a)(III)(A) amended, p. 663, � 6, effective May 27. L. 2006: (1)(b) amended, p. 1176, � 5, effective January 1, 2008. L. 2007: (1)(b) amended, p. 2011, � 1, effective January 1, 2008. L. 2009: (1)(k) amended, (SB 09-066), ch. 73, p. 248, � 4, effective March 31; (1)(i) amended, (SB 09-056), ch. 177, p. 783, � 1, effective April 22; (1)(b) amended, (SB 09-157), ch. 146, p. 613, � 2, effective August 5. L. 2014: (1)(i) amended, (SB 14-096), ch. 59, p. 263, � 3, effective August 6. L. 2022: (1)(m) added, (HB 22-1087), ch. 42, p. 215, � 1, effective March 24.