Colorado § 24-51-1402 - Contributions to the voluntary investment program.

§ 24-51-1402. Contributions to the voluntary investment program.

(1) [Editor's note: This version of subsection (1) is effective until January 1, 2027.] An eligible employee pursuant to section 24-51-1401 may participate in the voluntary investment program authorized in section 24-51-1401 by authorizing his or her employer, as defined in section 24-51-101 (20), to contribute an amount by payroll deduction in lieu of receiving such amount as salary or pay. The amount of such contribution by a participant shall be subject to any limitations established by federal law. These voluntary contributions, in addition to investment earnings, shall be exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.

(1) [Editor's note: This version of subsection (1) is effective January 1, 2027.] An employee of an employer may participate in the voluntary investment program authorized in section 24-51-1401 by authorizing their employer to contribute an amount by payroll deduction in lieu of receiving such amount as salary or pay. The amount of such contribution is subject to any limitations established by federal law.

(2) [Editor's note: This version of subsection (2) is effective until January 1, 2027.] The board may, at its discretion, allow participants in the voluntary investment program to elect to make after-tax voluntary contributions to the voluntary investment program by payroll deduction. Investment earnings on such contributions are exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.

(2) [Editor's note: This version of subsection (2) is effective January 1, 2027.] Repealed.

(3) [Editor's note: This version of subsection (3) is effective until January 1, 2027.] All voluntary contributions by a participating member shall be included in the salary of such member for the purpose of calculating member and employer contributions pursuant to the provisions of section 24-51-401. The member contribution provisions of section 24-51-401 and the matching employer contribution provisions of section 24-51-408.5 shall not apply to any voluntary contribution made by a retiree.

(3) [Editor's note: This version of subsection (3) is effective January 1, 2027.] All voluntary contributions by a participating member or retiree must be included in the salary of the member or retiree for the purpose of calculating member, working retiree, and employer contributions pursuant to the provisions of section 24-51-401. The matching employer contribution provisions of section 24-51-408.5 shall not apply to any voluntary contribution made by a retiree.

(4) [Editor's note: This version of subsection (4) is effective until January 1, 2027.] The employer shall deliver all voluntary contributions to the service provider designated by the association within five days after the date that the participants are paid and consistent with the provisions of section 24-51-401 (1.7)(c) and (1.7)(d).

(4) [Editor's note: This version of subsection (4) is effective January 1, 2027.] The employer shall deliver all voluntary contributions to the voluntary investment program via the association, or the service provider designated by the association, if applicable, within five days after the date that the participants are paid and consistent with the provisions of section 24-51-401 (1.7)(c) and (1.7)(d).

(5) (a) Effective July 1, 2009, all assets of the state defined contribution match plan established pursuant to section 24-52-104, as said section existed prior to its repeal in 2009, shall be transferred via trustee-to-trustee transfer to the association's voluntary investment program trust fund created in section 24-51-208 (1)(g), and such defined contribution match plan shall be merged into the association's voluntary investment program. An individual's account in the state defined contribution match plan shall become part of the individual's existing 401(k) plan account if one exists. If the individual does not have an existing 401(k) plan account, a separate account shall be created for the individual within the trust fund and administered in accordance with the terms of the voluntary investment program. The administration of such asset transfer shall be determined by the board.

(b) For purposes of this subsection (5), "existing 401(k) plan account" means a voluntary investment account authorized under 26 U.S.C. sec. 401(k), as amended.

Source: L. 87: Entire article R&RE, p. 1077, § 1, effective July 1. L. 97: (4) amended, p. 778, § 16, effective July 1. L. 2001: (1), (2), and (3) amended, p. 20, § 2, effective July 1. L. 2004: (4) amended, p. 699, § 6, effective July 1; (4) amended, p. 1947, § 22, effective July 1, 2005. L. 2009: Entire section amended, (SB 09-066), ch. 73, p. 256, § 20, effective March 31. L. 2026: (1), (3), and (4) amended and (2) repealed, (HB 26-1026), ch. 263, p. 1460, § 6, effective January 1, 2027.

Editor's note: (1) This section is similar to former §§ 24-51-1301 and 24-51-1302 as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.

(2) Amendments to subsection (4) by Senate Bill 04-132 and Senate Bill 04-257, effective July 1, 2005, were harmonized.