Colorado § 24-51-208 - Allocation of money.

§ 24-51-208. Allocation of money.

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 1, 2027.] The money of the association shall be divided into several trust funds, including, but not limited to:

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective January 1, 2027.] The money of the association must be divided into several trust funds, including, but not limited to:

(a) The state division trust fund, which consists of contributions, payments, and interest paid by members and employers of the state division, in addition to a proportional share of investment income earned thereon;

(a.5) The school division trust fund, which consists of contributions, payments, and interest paid by members and employers of the school division, in addition to a proportional share of investment income earned thereon;

(b) (Deleted by amendment, L. 97, p. 772, § 7, effective July 1, 1997.)

(c) The local government division trust fund, which consists of contributions, payments, and interest paid by members and employers of the local government division, in addition to a proportional share of investment income earned thereon;

(d) The judicial division trust fund, which consists of contributions, payments, and interest paid by members and employers of the judicial division, in addition to a proportional share of investment income earned thereon;

(d.5) The Denver public schools division trust fund, which consists of contributions, payments, and interest paid by members, DPS members, and employers of the Denver public schools division, in addition to the proportional share of investment income earned thereon and the assets of the DPS plan trust funds as of January 1, 2010;

(e) Repealed.

(f) [Editor's note: This version of subsection (1)(f) is effective until January 1, 2027.] The health care trust fund, created pursuant to the provisions of section 24-51-1201 (1), which consists of a portion of the employer contributions equal to fifty-two one-hundredths of one percent of member salaries; a portion of the amount paid by members to purchase service credit relating to noncovered employment as determined pursuant to section 24-51-505 (7); thirty percent of the amount of any reduction in the employer contribution rates as determined in section 24-51-408.5 (5) to amortize any overfunding in each division's trust fund; deductions of premium amounts from monthly benefits of participating benefit recipients; premiums paid directly to the trust fund by participating benefit recipients, members, and dependents; monthly payments made by employers on behalf of participating benefit recipients, members, and dependents; and interest; in addition to a proportional share of investment income earned thereon;

(f) [Editor's note: This version of subsection (1)(f) is effective January 1, 2027.] The health care trust fund, created pursuant to the provisions of section 24-51-1201 (1), which consists of a portion of the employer contributions equal to fifty-two one-hundredths of one percent of member salaries; a portion of the amount paid by members to purchase service credit relating to noncovered time as determined pursuant to section 24-51-505 (7); thirty percent of the amount of any reduction in the employer contribution rates as determined in section 24-51-408.5 (5) to amortize any overfunding in each division's trust fund; deductions of premium amounts from monthly benefits of participating benefit recipients; premiums paid directly to the trust fund by participating benefit recipients, members, and dependents; monthly payments made by employers on behalf of participating benefit recipients, members, and dependents; and interest; in addition to a proportional share of investment income earned thereon;

(f.5) [Editor's note: This version of subsection (1)(f.5) is effective until January 1, 2027.] The Denver public schools division health care trust fund, created pursuant to the provisions of section 24-51-1201 (2), which consists of a portion of the employer contributions equal to two-tenths of one percent of member salaries; a portion of the amount paid by members to purchase service credit relating to noncovered employment as determined pursuant to section 24-51-505 (7); deductions of premium amounts from monthly benefits of participating benefit recipients; premiums paid directly to the trust fund by participating benefit recipients, members, and dependents; monthly payments made by employers on behalf of participating benefit recipients, members, and dependents; and interest; in addition to a proportional share of investment income earned thereon;

(f.5) [Editor's note: This version of subsection (1)(f.5) is effective January 1, 2027.] The Denver public schools division health care trust fund, created pursuant to the provisions of section 24-51-1201 (2), which consists of a portion of the employer contributions equal to two-tenths of one percent of member salaries; a portion of the amount paid by members to purchase service credit relating to noncovered time as determined pursuant to section 24-51-505 (7); deductions of premium amounts from monthly benefits of participating benefit recipients; premiums paid directly to the trust fund by participating benefit recipients, members, and dependents; monthly payments made by employers on behalf of participating benefit recipients, members, and dependents; and interest; in addition to a proportional share of investment income earned thereon;

(g) The voluntary investment program trust fund, which consists of voluntary contributions made pursuant to 26 U.S.C. sec. 401 (k), as amended, and part 14 of this article and any investment income earned thereon;

(h) The common operating fund, which consists of proportional allocations of money from the division trust funds and allocations from the other trust funds to meet the budget set by the board and any investment income earned thereon;

(i) The association's defined contribution plan trust fund pursuant to part 15 of this article and any investment income earned thereon;

(j) The deferred compensation plan trust fund, which shall hold assets of the plan established under 26 U.S.C. sec. 457 (b), as amended, and part 16 of this article and any investment income earned thereon.

(2) Within each of the state division, school division, local government division, judicial division, and Denver public schools division trust funds, the following reserves shall exist:

(a) Member contribution reserve;

(b) Employer contribution reserve;

(c) Retirement benefits reserve; and

(d) (Deleted by amendment, L. 2006, p. 1176, § 3, effective May 25, 2006.)

(e) Survivor benefits reserve.

(f) (Deleted by amendment, L. 2006, p. 1176, § 3, effective May 25, 2006.)

(2.5) Within each of the state division, school division, local government division, and judicial division trust funds, an annual increase reserve shall exist on and after January 1, 2007, and within the Denver public schools division trust fund, an annual increase reserve shall exist on and after January 1, 2010.

(3) Within the member contribution reserve, there shall exist individual member contribution accounts.

(4) At the time a benefit is paid, the association shall transfer to the retirement benefits reserve or survivor benefits reserve of the division from which the benefit is paid, whichever is applicable, one hundred percent of the present value of the actuarially determined liability of such benefit. Each division in which the account has contributions shall fund its proportionate share of the benefit liability based on the percentage of the member contribution account balance from that division as it relates to the total member contribution account balance.

Source: L. 87: Entire article R&RE, p. 1050, § 1, effective July 1. L. 93: (1)(e) repealed, p. 479, § 10, effective March 1, 1994. L. 97: (1)(a), (1)(b), and IP(2) amended, p. 772, § 7, effective July 1. L. 99: (1)(f) amended, p. 337, § 1, effective July 1. L. 2000: (1)(f) amended, p. 780, § 3, effective January 1, 2001. L. 2003: (1)(f) amended, p. 2608, § 3, effective November 1. L. 2004: (1)(f) amended, p. 699, § 7, effective July 1; (1)(a), (1)(c), and IP(2) amended and (1)(a.5) added, p. 1940, § 6, effective January 1, 2006. L. 2006: (2)(d) and (2)(f) amended and (2.5) added, p. 1176, § 3, effective May 25. L. 2009: (1)(g) amended and (1)(i) and (1)(j) added, (SB 09-066), ch. 73, p. 255, § 16, effective March 31; (1)(d.5), (1)(f.5), and (4) added and (1)(f), IP(2), and (2.5) amended, (SB 09-282), ch. 288, pp. 1335, 1336, §§ 7, 8, effective January 1, 2010. L. 2025: IP(1) and (1)(f.5) amended, (HB 25-1105), ch. 238, p. 1203, § 2, effective July 1. L. 2026: (1)(f) amended, (HB 26-1400), ch. 285, p. 1572, § 1, effective July 1; IP(1), (1)(f), and (1)(f.5) amended, (HB 26-1026), ch. 263, p. 1456, § 2, effective January 1, 2027.

Editor's note: (1) The provisions of this section are similar to provisions of several former sections 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 (1)(f) by HB 26-1026 and HB 26-1400 were harmonized.

ANNOTATION

Accumulated deductions in a PERA member's contribution account are not subject to assignment for payment of future child support obligations. In re Riggs, 786 P.2d 504 (Colo. App. 1989).