Colorado § 31-31-704 Optional affiliation by social security employers

Colorado Statutes

§ 31-31-704 — Optional affiliation by social security employers

Colorado·Title 31 Government·Art. Fire - Police - New Hire Pension Plans

(1)(a) Prior to January 1, 2007, and notwithstanding the exemption provided in section 31-31-401

(1)(a), any employer that covers members under the federal Social Security Act, as amended, or any county that covers salaried employees whose duties are directly involved with the provision of law enforcement or fire protection, as certified by the county under the federal Social Security Act, as amended, may have elected affiliation with the association, either as to coverage under the statewide death and disability plan or as to retirement under the statewide defined benefit plan, or as to both, by filing with the board a resolution of the governing body of such employer, but any such affiliation shall either exclude past service credit or include past service credit funded by con

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(1) (a) Prior to
January 1, 2007, and notwithstanding the exemption provided in section 31-31-401
(1)(a), any employer that covers members under the federal Social Security Act, as
amended, or any county that covers salaried employees whose duties are directly
involved with the provision of law enforcement or fire protection, as certified by the
county under the federal Social Security Act, as amended, may have elected
affiliation with the association, either as to coverage under the statewide death and
disability plan or as to retirement under the statewide defined benefit plan, or as to
both, by filing with the board a resolution of the governing body of such employer,
but any such affiliation shall either exclude past service credit or include past
service credit funded by contribution levels established by the board.

(b) On or about January 1, 2023, participation by members employed by
social security employers who elected optional affiliation pursuant to subsection
(1)(a) of this section shall be transferred to the statewide retirement plan pursuant
to the merger described in section 31-31-412.

(1.5) to (4) (Deleted by amendment, L. 2012.)

(5) Benefits provided pursuant to the statewide defined benefit and
statewide death and disability plans established by this article to members of
employers that have affiliated pursuant to this section prior to January 1, 2007, shall
be reduced by the pro rata amount of any social security benefit received by the
member attributable to the member's quarters of social security coverage derived
from employment as a member.

(6) to (10) (Deleted by amendment, L. 2012.)

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Legislative History

Source: L. 96: Entire article added with relocations, p. 924, � 1, effective May 23. L. 2003: (1) and (3) amended and (1.5) and (3.5) added, p. 1232, � 4, effective August 6. L. 2006: (2) amended and (9) and (10) added, p. 101, � 2, effective March 27. L. 2012: Entire section amended, (HB 12-1018), ch. 24, p. 62, � 1, effective August 8. L. 2022: (1) amended, (HB 22-1034), ch. 61, p. 307, � 10, effective January 1, 2023.