C.R.S. Section 24-51-401
Employer and member contributions


(1)

and (1.5) Repealed.

(1.6)

For the purposes of sections 24-51-401 to 24-51-404 and sections 24-51-405.5, 24-51-409, and 24-51-411, the term “member” shall include DPS members and the term “retiree” shall include DPS retirees.
(1.7)(a)(I) Employers shall deliver a contribution report and the full amount of employer contributions, member contributions, and working retiree contributions to the association within five days after the date members and retirees are paid. Except as provided in this subsection (1.7)(a), subsection (7) of this section, and section 24-51-408.5, such contributions shall be based upon the rates for the appropriate division as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE A
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
StateAll Members10.15%8.0%
Except
State Troopers12.85%10.0%
SchoolAll Members10.15%8.0%
Local
GovernmentAll Members10.0%8.0%
JudicialAll Members13.66%8.0%
DPSAll Members10.15%8.0%

(II)

Effective July 1, 2019, subject to section 24-51-413, the employer and member contribution rates shall be based upon the rates for the appropriate division as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE B
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
StateAll Members10.4%8.75%
Except
State Troopers13.1%10.75%
SchoolAll Members10.4% 8.75%
Local
GovernmentAll Members10.0%8.0%
JudicialAll Members13.91%8.75%
DPSAll Members10.4%8.75%

(III)

Effective July 1, 2020, except as provided in subsection (1.7)(g) of this section and subject to section 24-51-413, the employer and member contribution rates shall be based upon the rates for the appropriate division as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE C
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
StateAll Members10.4%9.5%
Except
State Troopers13.1%11.5%
SchoolAll Members10.4%9.5%
Local
GovernmentAll Members10.0%8.0%
JudicialAll Members13.91%9.5%
DPSAll Members10.4%9.5%

(IV)

Effective July 1, 2021, except as provided in subsection (1.7)(g) of this section and subject to section 24-51-413, the employer and member contribution rates shall be based upon the rates for the appropriate division as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE D
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
StateAll Members10.4%10.0%
Except
State Troopers13.1%12.0%
SchoolAll Members10.4%10.0%
Local
GovernmentAll Members10.0%8.0%
JudicialAll Members13.91%10.0%
DPSAll Members10.4%10.0%

(b)

Contributions shall be calculated using the contribution rates that were in effect on the last day of the payroll period.

(c)

Contributions for salary payments made to a member for unintentional nonrecurring adjustments or corrections that are paid separate from one of the employer’s regular payroll cycles may be reported and paid to the association with the employer’s next regular payroll cycle.

(d)

If an employer makes payment to the association through an automated clearing house debit transaction, payment will be considered received on time if valid and executable automated clearing house instructions are received by the association by the date specified in paragraph (a) of this subsection (1.7).

(e)

In recognition of the effort to equalize the funded status of the Denver public schools division and the association’s school division as more fully provided in section 24-51-412, beginning January 1, 2015, and every fifth year thereafter, the association shall calculate a true-up to confirm the equalization status of the Denver public schools division and the association’s school division, and, if necessary, the board shall recommend that the general assembly adjust the Denver public schools total employer rate to assure the equalization of the Denver public schools division’s ratio of unfunded actuarial accrued liability over payroll to the association’s school division’s ratio of unfunded actuarial accrued liability over payroll at the end of the thirty-year period. The true-up shall be based on audited results of the association’s school division’s and the Denver public schools division’s actual unfunded actuarial accrued liability and payroll experience at every point of true-up. If the ratios of unfunded actuarial accrued liability over payroll based on actual experience are not projected to equalize over the thirty-year period, the board shall recommend that the Denver public schools division total employer rate be adjusted by the general assembly.

(f)

Repealed.
(g)(I)(A) Except as otherwise provided in subsection (1.7)(g)(II) of this section and subject to section 24-51-413, for the 2020-21 state fiscal year, the amount of employer and member contributions for employers and members in the judicial division of the association shall be based upon the rates as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE C.5
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
JudicialAll Members8.91%14.5%

(B)

Except as otherwise provided in subsection (1.7)(g)(II) of this section and subject to section 24-51-413, for the 2021-22 state fiscal year, the amount of employer and member contributions for employers and members in the judicial division of the association shall be based upon the rates as set forth in the following table multiplied by the salary, as defined in section 24-51-101 (42), paid to members and retirees for the payroll period:
TABLE D.5
CONTRIBUTION RATES
Division
Membership
Employer Rate
Member Rate
JudicialAll Members8.91%15%

(II)

Subsection (1.7)(g)(I) of this section does not apply to the employer or member contribution for judges employed by the Denver county court. For the 2020-21 and 2021-22 state fiscal years, the employer and member contribution rates for judges employed by the Denver county court shall be calculated pursuant to subsections (1.7)(a)(III) and (1.7)(a)(IV) of this section, as applicable, and subject to section 24-51-413.
(1.8)(Deleted by amendment, L. 2006, p. 1177, § 6, effective May 25, 2006.)(2) Along with such contributions, the employer shall deliver to the association by the date established in subsection (1.7) of this section a contribution report containing any member information required by the board to properly credit money to the employer contribution reserve and the member contribution accounts in the member contribution reserve.

(3)

The employer shall be assessed by the association, pursuant to rules adopted by the board, interest on the contributions, including working retiree contributions, if either contributions or member information is not submitted by the date established in subsection (1.7) of this section.

(4)

and (5)(Deleted by amendment, L. 91, p. 876, § 9, effective, July 1, 1991.)(6) For all members, contributions will be subject to any maximum limits imposed under federal income tax law including the limitations set forth in section 401 (a)(17) of the federal “Internal Revenue Code of 1986”, as amended, and any other limit on the members’ total gross salary that may be taken into account for purposes of determining member contributions.

(7)

If a final judicial determination provides that an employer is obligated to pay damages to the association for unpaid contributions and the damages awarded are greater than the amounts provided pursuant to section 24-51-402, then the association shall reduce the employer contribution rate for the employer to a level that will offset the additional damages paid. If possible, the association shall set a rate of employer contributions that is sufficient to offset the additional damages over a twelve-month period. If the employer does not owe sufficient employer contributions to offset the additional damages over a twelve-month period, then the association shall eliminate the employer contributions for the employer until the excess damages are fully offset.

Source: Section 24-51-401 — Employer and member contributions, 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

§ 24-51-401’s source at colorado​.gov