Colorado § 24-50-603 - Definitions.

§ 24-50-603. Definitions.

As used in this part 6, unless the context otherwise requires:

(1) "Cafeteria benefits" means "flexible benefits" as defined in subsection (8) of this section.

(2) "Carrier" means an insurer, health maintenance organization ("HMO"), third-party administrator, or other entity with whom the state contracts to provide or administer, or both provide and administer, the group benefit plans.

(3) "COBRA" means the continuation of certain benefits as provided by the federal "Consolidated Omnibus Budget Reconciliation Act of 1985", as amended.

(4) Repealed.

(5) "Dependent" means:

(a) An employee's legal spouse; each child, including adopted children, stepchildren, and foster children, through the end of the month in which the child turns twenty-six years of age; or an unmarried child of any age who has either a physical or mental disability, as defined by the carrier, not covered under other government programs, and for whom the employee is the major source of financial support or for whom the employee is directed by court order to provide coverage;

(b) Any person authorized by the director to be a dependent in response to statutory changes made to mandated coverage for group benefits insurance pursuant to title 10, C.R.S.;

(c) Repealed.

(c.5) An employee's partner in a civil union who has submitted documentation demonstrating the creation of a civil union with the employee;

(d) Any additional dependents specified by the director by rule adopted in accordance with article 4 of this title.

(6) "Director" means the state personnel director.

(6.5) Repealed.

(7) "Employee" means any officer or employee under the state personnel system of the state of Colorado whose salary is paid by state funds or any employee of the department of education, the Colorado commission on higher education, or the Colorado school for the deaf and the blind whose salary is paid by state funds, or any member of the military employed pursuant to section 28-3-904, C.R.S. "Employee" includes any officer or employee of the legislative or judicial branch, any elected or appointed state official or employee who receives compensation other than expense reimbursement from state funds, any elected state official who does not receive compensation other than expense reimbursement from state funds, and includes any member of the board of assessment appeals. "Employee" does not include persons employed on a temporary basis; except that it shall include a member of the military employed pursuant to section 28-3-904, C.R.S., for more than thirty consecutive days.

(8) "Flexible benefits" means an array of group benefit plans from which an employee can select using the state's contribution, the employee's own funds, or a combination of both, to pay for such benefits.

(9) "Group benefit plans" means any group benefits contracted for or administered by the director, including but not limited to, medical, dental, life, and disability benefits. "Group benefit plans" may also include voluntary benefits and flexible benefits as determined by the director. "Group benefit plans" do not include any group benefits that involve a contribution or donation as defined in article 45 of title 1 to any candidate committee, political committee, political party, small donor committee, small-scale issue committee, or any other political entity. For purposes of section 24-50-104 (1)(a)(I), "group benefit plans" includes any group benefits offered by a state institution of higher education to employees of such institution who are in the state personnel system.

(10) "Medicaid" means federal insurance or assistance as such is provided by the provisions of Title XIX of the federal "Social Security Act" and the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.

(11) "Medical benefits" includes, but is not limited to, hospital room and board; other hospital services; certain out-patient benefits; maternity benefits; surgical benefits, including obstetrical care; in-hospital medical care; diagnostic X rays; laboratory benefits; physician services; prescription drugs; behavioral, mental health, and substance use disorder services; comparable medical benefits for employees who rely solely on spiritual means for healing; and such other similar benefits as the director deems reasonable and appropriate for eligible employees and dependents.

(12) "Medicare" means federal insurance or assistance as such is provided by the "Health Insurance for the Aged Act", 42 U.S.C. sec. 1395, or as such act may be amended.

(13) "Short-term disability plan" means a group policy or contract provided by a carrier for the purpose of providing short-term disability income replacement to be provided to any eligible employee who has completed any required waiting period.

(14) "Voluntary benefits" means a variety of benefit plans contracted for or administered by the director that an employee can select by contributing a predetermined portion of the employee's salary to pay for such products and services for which, if available, the employee's contribution may be matched by a state contribution. No state contribution match is effective until or unless the director has completed a fiscal analysis of the cost and the outcome of any such voluntary benefit, which includes a determination by the department of the number of potential state employees retained as a result of offering the benefit.

Source: L. 94: Entire part added with relocations, p. 1123, § 1, effective May 19. L. 98: (4) and (5) amended, p. 677, § 5, effective August 5; (7) amended, p. 306, § 1, effective August 5. L. 2003: (13) amended, p. 1933, § 8, effective May 22. L. 2005: (7) amended, p. 663, § 5, effective May 27. L. 2006: (5) amended, p. 544, § 2, effective July 1; (10) amended, p. 2010, § 74, effective July 1. L. 2009: (5) amended and (6.5) added, (SB 09-088), ch. 267, p. 1218, § 2, effective August 5. L. 2010: (4) repealed, (HB 10-1181), ch. 351, p. 1627, § 18, effective June 7; (9) amended, (HB 10-1427), ch. 408, p. 2019, § 2, effective June 10. L. 2013: (5)(c.5) added, (SB 13-011), ch. 49, p. 168, § 27, effective May 1. L. 2017: (11) amended, (SB 17-242), ch. 263, p. 1322, § 180, effective May 25. L. 2018: (5)(a) amended (5)(c) repealed, (SB 18-131), ch. 100, p. 774, § 2, effective August 8. L. 2019: (6.5) repealed, (SB 19-241), ch. 390, p. 3470, § 29, effective August 2. L. 2024: (9) amended and (14) added, (HB 24-1293), ch. 180, p. 976, § 1, effective August 7.

Editor's note: This section was formerly numbered as 10-8-203.

Cross references: (1) For the legislative declaration contained in the 2009 act amending subsection (5) and adding subsection (6.5), see section 1 of chapter 267, Session Laws of Colorado 2009.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

(3) For the legislative declaration in SB 18-131, see section 1 of chapter 100, Session Laws of Colorado 2018.