Colorado § 24-51-904 Survivor benefits - eligibility - member defined

Colorado Statutes

§ 24-51-904 — Survivor benefits - eligibility - member defined

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

(1)(a) Survivor benefits may become payable if the deceased person was:

(I)A member who had earned at least one year of service credit; except that such one-year service requirement shall be waived if the death of the member was job-incurred; or

(II)An inactive member who had earned at least one year but less than five years of service credit with at least six months of the service credit earned within three years immediately preceding death and the board finds that the inactive member died from the same illness or injury which caused the termination of employment for such inactive member; or

(III)An inactive member who had earned at least five years of service credit.

(b)For the purposes of this part 9, unless the context otherwise requires, member means a deceased membe

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(1) (a)
Survivor benefits may become payable if the deceased person was:

(I) A member who had earned at least one year of service credit; except that
such one-year service requirement shall be waived if the death of the member was
job-incurred; or

(II) An inactive member who had earned at least one year but less than five
years of service credit with at least six months of the service credit earned within
three years immediately preceding death and the board finds that the inactive
member died from the same illness or injury which caused the termination of
employment for such inactive member; or

(III) An inactive member who had earned at least five years of service credit.

(b) For the purposes of this part 9, unless the context otherwise requires,
member means a deceased member or a deceased inactive member who meets
the eligibility requirements for survivor benefits on the date of death of such
member.

(2) In the event the member did not meet the service credit requirements
specified in subsection (1) of this section, no survivor benefits shall be payable;
however, a single payment shall be made to the named beneficiary of such member
or, if no named beneficiary exists, to the estate of the member.

(3) Notwithstanding any other provisions of this part 9, unless otherwise
indicated, survivor payments of DPS members shall be governed by sections 24-51-1735 to 24-51-1746. Pursuant to the portability provisions of part 17 of this article,
any frozen accounts shall be treated as inactive and governed by the survivor
provisions applicable to the frozen account.

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Legislative History

Source: L. 87: Entire article R&RE, p. 1067, � 1, effective July 1. L. 88: (1)(a)(II) amended and (1)(a)(III) added, p. 961, � 11, effective July 1. L. 2009: (3) added, (SB 09-282), ch. 288, p. 1346, � 38, effective January 1, 2010.