Colorado § 24-51-602 - Service retirement eligibility.

§ 24-51-602. Service retirement eligibility.

(1) (a) Members, except state troopers, who have five years of service credit as of January 1, 2011, and who have met the age and service credit requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3):

TABLE B

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

(a.5) Notwithstanding paragraph (a) of this subsection (1), any person except a state trooper who had five years of service credit as of January 1, 2011, and who was not a member, inactive member, or retiree on June 30, 2005, but was a member, inactive member, or retiree on December 31, 2006, shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3) if the member has met the age and service credit requirements stated in the following table:

TABLE B.05

SERVICE RETIREMENT ELIGIBILITY

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(a.7) Notwithstanding paragraphs (a) and (a.5) of this subsection (1), any person except a state trooper who was not a member, inactive member, or retiree on December 31, 2006, or who was a member, inactive member, or retiree on December 31, 2006, but as of January 1, 2011, did not have five years of service credit, or who is a DPS member with less than five years of service credit as of January 1, 2011, shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3), if the member has met the age and service credit requirements stated in the following table:

TABLE B.07

SERVICE RETIREMENT ELIGIBILITY

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) State troopers who have met the age and service credit requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1) and (3):

TABLE B.1

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(c) Members who were members, inactive members, or retirees on December 31, 2006, who had five years of service credit as of January 1, 2011, and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty years or more.

(d) Members who were not members, inactive members, or retirees on December 31, 2006, but who were members, inactive members, or retirees on December 31, 2010, or members who were members, inactive members, or retirees on December 31, 2006, but as of January 1, 2011, did not have five years of service credit, or DPS members with less than five years of service credit as of January 1, 2011, and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-five years or more.

(1.5) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2010, but who were members, inactive members, or retirees on December 31, 2016, and who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603:

TABLE B.2

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) Members who are eligible for a benefit pursuant to this subsection (1.5) and who are fifty-eight years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-eight years or more.

(1.7) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2016, but who were members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table and who are not eligible for service retirement benefits pursuant to subsection (1.8) of this section shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603:

TABLE B.3

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) Members who are eligible for a benefit pursuant to this subsection (1.7) and who are sixty years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals ninety years or more.

(1.8) (a) Members of the school division or Denver public schools division who were not members, inactive members, or retirees on December 31, 2016, but who were members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603; except that at least the most recent ten years of service credit used in meeting the requirements of the table below must be earned in the school or Denver public schools divisions in order for the member to be eligible pursuant to this subsection (1.8)(a):

TABLE B.4

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) Members who are eligible for a benefit pursuant to this subsection (1.8) and who are fifty-eight years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-eight years or more.

(1.9) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1), (2), and (3):

TABLE B.5

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) Members who are eligible for a benefit pursuant to this subsection (1.9) and who are sixty-four years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals ninety-four years or more.

(c) This subsection (1.9) does not create a contractual right for any member to the age requirement specified in table B.5 to receive a full service retirement benefit.

(2) (a) State troopers who were not members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1) and (3):

TABLE B.6

SERVICE RETIREMENT ELIGIBILITY​

Age Requirement

(years)

Service Credit Requirement

(years)

Any Age

(b) State troopers who are eligible for a benefit pursuant to this subsection (2) and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty years or more. This subsection (2) does not create a contractual right for any member to the age requirement specified in table B.6 to receive a full service retirement benefit.

(2.3) Members with less than five years of service credit shall be eligible for service retirement benefits pursuant to section 24-51-605.5 upon reaching sixty-five years of age if contributions were made for sixty months.

(2.5) Members with less than five years of service credit who have not made contributions for sixty months shall be eligible for money purchase retirement benefits calculated pursuant to section 24-51-605.5 (2), upon reaching sixty-five years of age.

(3) Repealed.

(4) (Deleted by amendment, L. 2009, (SB 09-282), ch. 288, p. 1345, § 30, effective January 1, 2010.)

(5) (Deleted by amendment, L. 2010, (SB 10-001), ch. 2, p. 11, § 12, effective January 1, 2011.)

Source: L. 87: Entire article R&RE, p. 1060, § 1, effective July 1; (3) added, p. 1097, § 5, effective July 1. L. 88: (3)(c) added by revision, p. 963, §§ 20(1), 21. L. 89: (1) amended, p. 1069, § 2, effective July 1. L. 93: (1)(b) amended, p. 1785, § 63, effective June 6. L. 95: (2) amended and (2.5) added, p. 554, § 7, effective July 1. L. 98: (1)(a) amended, p. 914, § 2, effective July 1. L. 2000: (1)(c) added, p. 781, § 6, effective June 1. L. 2004: (1)(a.5) added, p. 699, § 8, effective July 1, 2005. L. 2005: (4) added, p. 528, § 6, effective May 24. L. 2006: (1)(a.5) and (1)(c) amended and (1)(a.7) and (1)(d) added, p. 1182, § 13, effective May 25. L. 2009: (4) amended and (5) added, (SB 09-282), ch. 288, p. 1345, § 30, effective January 1, 2010. L. 2010: (1) and (5) amended and (1.5), (1.7), and (1.8) added, (SB 10-001), ch. 2, p. 11, § 12, effective January 1, 2011. L. 2018: (1.7)(a), (1.8)(a), and (2) amended and (1.9) and (2.3) added, (SB 18-200), ch. 370, p. 2247, § 14, effective June 4.

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) Subsection (3)(c) provided for the repeal of subsection (3), effective January 1, 1990. (See L. 88, p. 963.)

Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.