C.R.S. Section 24-51-1703
Denver public schools division

  • consolidation

(1)

The DPS plan shall continue to govern the benefits and programs specified in such plan through December 31, 2009. On January 1, 2010, the DPS plan shall be superseded by the provisions of this article except to the extent that it is necessary to refer to the DPS plan for the correction of errors and as it may be incorporated by reference in this article.

(2)

On January 1, 2010, all the assets, liabilities, and obligations of the Denver public schools retirement system shall become the assets, liabilities, and obligations of the Denver public schools division of the association without any further act or document of transfer.

(3)

On January 1, 2010, notwithstanding the provisions of subsection (2) of this section, the Denver public schools retirement system or the association, or both, may take such actions and execute such certifications or other instruments as may be convenient to evidence the consummation of the merger of the two systems, its effective date, and the assets or any particular asset transferred. Any such certification or other instrument purportedly executed by an authorized officer of either system and bearing the seal of such system shall be prima facie evidence of all matters stated in the certification or instrument and may be relied upon by any third party, without further inquiry, including, without limitation, any public trustee or other public official of this or any other state or local government. If any certification or other instrument is recorded in the appropriate real estate records in this or any other state or local government, a copy of the certification or instrument, when duly certified by the custodian of the real estate records to be a true copy of the recorded original, shall have the same effect as the original.

(4)

The value of assets transferred as of January 1, 2010, as reflected in the audited financial report effective December 31, 2009, shall determine the initial asset value in the Denver public schools division trust fund for purposes of the initial and future valuations and the proportionate share of the total assets of the association attributable to the Denver public schools division. In the event that the audited value is adjudicated by a court of competent jurisdiction to be in error such that the true value on the date of transfer was different than reflected in the audited financials, an adjustment shall be made to the initial asset value of the Denver public schools division and appropriate adjustments made to the proportionate share of investment returns and expenses of the association attributed to the Denver public schools division. No adjustment to the starting asset value of the Denver public schools division shall result from a change in value after January 1, 2010, of the assets transferred. For purposes of this subsection (4), the Denver public schools retirement system real estate and private equity holdings shall be valued and audited as of December 31, 2009, and the directly owned real estate of the association shall be appraised for evaluation as of December 31, 2009.

(5)

Intentionally left blank —Ed.

(a)

Prior legislative attempts to accomplish the merger of the Denver public schools retirement system into the school division of the Colorado public employees’ retirement association with agreement among the three parties have proven unsuccessful notwithstanding substantial expenditures of time and money by the parties. The reasons for such lack of success include the methodology involved in the determination and allocation of the costs of a merger in order to avoid any subsidy to either merging party as a result of the merger. To avoid these problems and to obtain the public policy benefits of a merger, this section mandates the merger without any requirement of agreement among the parties and implements it through the creation of a separate division within the association. Notwithstanding such mandate, the successful integration of the Denver public schools retirement system into the association while maintaining a continuing high level of service to the members and beneficiaries of both systems has required and will continue to require the cooperation and best efforts of the governing bodies and staffs of the Denver public schools retirement system, the association, and the Denver public schools. In the course of the merger, the parties shall observe the fiduciary duties and legal obligations incident to their respective offices, positions, and employments, which duties and obligations may not always be entirely clear or easily accomplished. Therefore, to secure the public policy objectives incident to the merger and its successful implementation in the most efficient way feasible, so long as such governing bodies and staffs act or have acted in good faith and in accordance with a good faith interpretation of the requirements of this section and other applicable law, they shall be deemed to have fulfilled their fiduciary duties and other legal obligations. In addition, such governing bodies and staffs shall have no personal liability for their acts or omissions incident to the implementation of the merger, including all activities reasonably related thereto. Any person who contends otherwise shall bear the burden of proving that any act or omission challenged does not meet the requirements of good faith.

(b)

It is the intent of this part 17 to achieve the mandated merger and to facilitate its implementation, thereby providing portability of the benefits of the members of the Denver public schools retirement system and the association. In addition, this part 17 is intended to pursue efficiencies in the administration of the benefits of members and beneficiaries of the Denver public schools retirement system and in the investment of moneys being transferred to the association and later accruing to it through employer and employee contributions, all in accord with changing conditions. The provisions of this part 17 and the benefit provisions for members and beneficiaries to be provided following the merger shall be interpreted and administered to attempt to further those objectives, and if pursued reasonably and in good faith shall be deemed to comply with applicable legal and fiduciary requirements. Any person who contends otherwise shall bear the burden of proving that any act or omission challenged does not meet all legal requirements applicable in the circumstances.

(c)

On January 1, 2010, the separate existence of the Denver public schools retirement system shall cease, and the terms of its trustees shall expire. In addition, the employment of its employees shall cease, subject to section 24-51-1748, providing for their employment by the association. Any claims against such trustees, former trustees, employees, or former employees in their respective capacities shall be commenced within such periods of limitation and shall be subject to such other provisions as may be provided by law, but in no case shall such an action be brought more than two years after January 1, 2010. Any claims relating to the merger and made against the trustees, former trustees, employees, or former employees of the association in their respective capacities, and any claims relating to the merger and made against members or former members of the board of education or employees or former employees of the school district in their respective capacities shall be commenced within such periods of limitation and shall be subject to such other provisions as may be provided by law, but in no case shall such an action be brought more than two years after January 1, 2010.

Source: Section 24-51-1703 — Denver public schools division - consolidation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑51‑101
Definitions 24‑51‑201
Public employees’ retirement association - creation 24‑51‑202
Board of trustees - creation 24‑51‑203
Board - composition and election 24‑51‑204
Duties of the board 24‑51‑205
General authority of the board 24‑51‑206
Investments 24‑51‑207
Standard of conduct 24‑51‑208
Allocation of moneys 24‑51‑209
Disbursements 24‑51‑210
Allocation of assets and liabilities 24‑51‑211
Amortization of liabilities 24‑51‑211.5
Notice of possible change in benefits - actuarial necessity 24‑51‑212
Funds not subject to legal process 24‑51‑213
Confidentiality 24‑51‑214
Benefits not offset by workers’ compensation benefits 24‑51‑215
Insurance and banking laws not applicable 24‑51‑216
Legal adviser 24‑51‑217
Termination 24‑51‑218
Unclaimed money 24‑51‑220
Reporting to general assembly - inclusion of climate risk assessment in annual stewardship report 24‑51‑221
Information provided to employer - salary definition 24‑51‑301
Required membership 24‑51‑303
Members of the general assembly 24‑51‑305
District attorneys 24‑51‑305.5
Employees of district attorneys 24‑51‑307
Elected municipal officials 24‑51‑308
City managers and key management staff 24‑51‑309
Affiliation by public entities 24‑51‑310
Persons not eligible for membership 24‑51‑311
Continuation of membership 24‑51‑312
Payment of contributions 24‑51‑313
Termination of affiliation - employer assigned to local government division - requirements 24‑51‑314
Termination of affiliation - rights of benefit recipients and inactive members 24‑51‑315
Termination of affiliation - reserves requirement 24‑51‑316
Inadequate reserves - excess reserves - nonpayment 24‑51‑317
Termination of affiliation - member contributions 24‑51‑318
Purchase of forfeited service credit 24‑51‑319
Retirement plan - creation and use 24‑51‑320
Reaffiliation of a public entity 24‑51‑321
No state liability - political subdivision pension plans 24‑51‑401
Employer and member contributions 24‑51‑402
Unpaid contributions for any member - legislative declaration 24‑51‑403
Contributions assumed and paid by the employer 24‑51‑404
Combining member contributions 24‑51‑405
Refund of the member contribution account 24‑51‑405.5
Direct rollovers 24‑51‑406
Payments from the judicial division 24‑51‑407
Interest 24‑51‑408
Matching employer contributions 24‑51‑408.5
Matching employer contribution on voluntary contributions made by members to tax-deferred retirement programs 24‑51‑409
Refund of erroneous member contribution 24‑51‑410
Anticipation of forfeitures in determining plan cost 24‑51‑411
Amortization equalization disbursement 24‑51‑412
Denver public schools district - contributions and disbursements - legislative declaration 24‑51‑413
Contribution and annual increase amount changes - definitions 24‑51‑414
Direct distribution 24‑51‑415
Defined contribution supplement 24‑51‑501
Earned service credit 24‑51‑502
Purchased service credit 24‑51‑503
Purchase of service credit relating to a refunded member contribution account 24‑51‑504
Purchase of service credit relating to a paid sabbatical leave 24‑51‑505
Purchase of service credit relating to noncovered employment 24‑51‑506
Payments for purchased service credit 24‑51‑507
Uniformed service credit 24‑51‑508
Leave of absence for uniformed service 24‑51‑509
Combining service credit 24‑51‑601
Retirement benefit reserve 24‑51‑602
Service retirement eligibility 24‑51‑603
Benefit formula for service retirement 24‑51‑604
Reduced service retirement eligibility 24‑51‑605
Benefit formula for reduced service retirement 24‑51‑605.5
Benefit calculation for money purchase retirement benefit 24‑51‑606
Vested inactive member rights 24‑51‑606.5
Indexation of benefits for vested inactive members 24‑51‑607
Benefit formula for service retirement or reduced service retirement involving direct payments 24‑51‑609
Service credit exceeding twenty years 24‑51‑610
Division from which a member retires 24‑51‑611
Maximum limit under federal law 24‑51‑612
Required benefit commencement date 24‑51‑615
Distribution of benefits 24‑51‑701
Eligibility to apply for short-term disability program payments and disability retirement 24‑51‑702
Disability programs 24‑51‑703
Disability program design and administration 24‑51‑704
Calculation of disability retirement benefit 24‑51‑705
Ineligibility 24‑51‑706
Disability determination for members of the judicial division 24‑51‑707
Continuation of disability retirement benefits - reduction based on earned income - applications made prior to January 1, 1999 24‑51‑708
Division from which a disabled member retires 24‑51‑801
Benefit options 24‑51‑802
Change in option or cobeneficiary 24‑51‑803
Determination of option 2 or 3 benefits 24‑51‑901
Survivor benefits reserve 24‑51‑902
Modification of named beneficiaries 24‑51‑903
Distribution to named beneficiaries 24‑51‑904
Survivor benefits - eligibility - “member” defined 24‑51‑905
Deceased member who was not eligible for service or reduced service retirement 24‑51‑906
Deceased member who was eligible for service or reduced service retirement 24‑51‑907
Form of survivor benefits and single payments 24‑51‑908
Survivor benefits 24‑51‑909
Surviving spouse’s benefits 24‑51‑910
Option 3 benefits 24‑51‑911
Commencement of survivor benefits or single payment 24‑51‑912
Termination of survivor benefits 24‑51‑913
Payment upon termination of survivor benefits 24‑51‑1001
Types of benefit increases 24‑51‑1002
Annual percentages to be used 24‑51‑1003
Annual increases in the base benefit 24‑51‑1009
Annual increase reserve - creation 24‑51‑1009.5
Annual increase amount changes 24‑51‑1010
Increase in benefits - actuarial assessment required 24‑51‑1101
Employment after service retirement - report - definitions - repeal 24‑51‑1102
Reduction of a service retirement benefit - disclosure of service agreements by employers - definitions 24‑51‑1103
Contributions for a retiree who returns to membership - benefit calculation upon subsequent retirement - survivor benefit rights - disability retirement benefits 24‑51‑1104
Employment after disability retirement 24‑51‑1105
Retirees from the judicial division 24‑51‑1201
Health care trust fund 24‑51‑1202
Health care program - design 24‑51‑1203
Authority to contract and to self-insure 24‑51‑1204
Health care program - eligibility 24‑51‑1205
Enrollment 24‑51‑1206
Premium subsidy 24‑51‑1206.5
Health care trust fund subsidy funding 24‑51‑1206.7
Denver public schools division premium subsidy 24‑51‑1207
Cancellation of enrollment 24‑51‑1208
Long-term care insurance 24‑51‑1301
Plan sponsored group life insurance 24‑51‑1302
Premiums for group life insurance 24‑51‑1303
Life insurance beneficiary 24‑51‑1304
Life insurance for certain retired state employees 24‑51‑1401
Voluntary investment program established and fund created 24‑51‑1402
Contributions to the voluntary investment program 24‑51‑1403
Expenses of the voluntary investment program 24‑51‑1404
Investments of the voluntary investment program 24‑51‑1500.2
Legislative declaration 24‑51‑1501
Defined contribution plan - establishment - creation of fund - definitions 24‑51‑1502
New eligible employees - election - definitions 24‑51‑1503
Defined contribution plan option 24‑51‑1504
Investments 24‑51‑1505
Contributions - vesting - definition 24‑51‑1506
Additional choices within first five years 24‑51‑1506.5
Additional choices for employees who were eligible employees before January 1, 2006 24‑51‑1507
Transfer or rollover into plan 24‑51‑1508
Distribution options 24‑51‑1509
Rights of defined contribution plan members 24‑51‑1510
Report to members 24‑51‑1511
Limitation on actions by eligible employees 24‑51‑1601
Deferred compensation plan and trust fund 24‑51‑1602
Affiliation with the deferred compensation plan 24‑51‑1603
Contributions to the deferred compensation plan 24‑51‑1604
Expenses of the deferred compensation plan 24‑51‑1605
Investments of the deferred compensation plan 24‑51‑1701
Legislative declaration 24‑51‑1702
Definitions 24‑51‑1703
Denver public schools division - consolidation 24‑51‑1704
Service credit 24‑51‑1705
Purchase of service credit relating to a refunded member contribution account and noncovered employment 24‑51‑1706
Accreditation of casual employment and qualifiable leave 24‑51‑1707
Affiliate membership 24‑51‑1708
Unclaimed moneys 24‑51‑1709
Arrearages 24‑51‑1710
Earned service 24‑51‑1711
Contributions - refunds 24‑51‑1712
Application for retirement benefits 24‑51‑1713
Eligibility - retirements without actuarial reduction 24‑51‑1714
Eligibility - retirements requiring actuarial reduction 24‑51‑1715
Benefits 24‑51‑1716
Optional forms of allowance 24‑51‑1717
Option A 24‑51‑1718
Option B 24‑51‑1719
Option C 24‑51‑1720
Option D 24‑51‑1721
Option E 24‑51‑1722
Additional optional forms of allowance beginning December 31, 2004 24‑51‑1723
Option P2 24‑51‑1724
Option P3 24‑51‑1725
Determination of option P2 or P3 benefits 24‑51‑1726
Minimum benefits - contributing members and affiliate members 24‑51‑1726.5
Contributions for a retiree who returns to membership - benefit calculation upon subsequent retirement - survivor benefit rights 24‑51‑1727
Eligibility for deferred members 24‑51‑1728
Accredited service - deferred members 24‑51‑1729
Benefits - deferred members 24‑51‑1730
Deferred member death 24‑51‑1731
Benefits for deferred members determined upon date of termination 24‑51‑1732
Benefit increases - annual retirement allowance adjustment - contributing members - affiliate members - deferred members - survivors (2001 and 2005) 24‑51‑1733
Domestic relations order 24‑51‑1734
Disability retirement 24‑51‑1735
Survivor benefits - refund 24‑51‑1736
Eligibility for survivor benefits 24‑51‑1737
Eligible beneficiaries 24‑51‑1738
Survivors of members who died between 1974 and 1984 24‑51‑1739
Survivors of members who died between 1984 and 1988 24‑51‑1740
Survivors of members who die in 1988 or later 24‑51‑1741
Effective date of survivor benefits 24‑51‑1742
Election by designated beneficiary 24‑51‑1743
When election becomes irrevocable 24‑51‑1744
Fund transfer 24‑51‑1745
Payment in good faith 24‑51‑1746
Waive appointment of guardian 24‑51‑1747
Portability between the Denver public schools division and the other four divisions within the association - definitions 24‑51‑1748
Staff members of the Denver public schools retirement system
Green check means up to date. Up to date

Current through Fall 2024

§ 24-51-1703’s source at colorado​.gov