Colorado Code § 23-21-603

Pension status of part 4 corporation employees
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(1) Employees who
elected to become employees of the part 4 corporation and rolled over PERA contributions
to the part 4 corporation's qualified retirement plan - election to return to PERA. (a) Any
employee of university hospital on September 30, 1989, who elected to become an employee of
the part 4 corporation and who had all member contributions to PERA credited to the part 4
corporation's qualified retirement plan may elect to return to the employee's prior state
employment status and resume active membership in PERA.
(b) If an employee elects to resume active membership in PERA, the authority is
obligated to contribute to PERA an amount necessary to restore said employee to the retirement
status with PERA the employee would have attained if said employee had never elected to
become an employee of the part 4 corporation; except that said employee shall cooperate in
obtaining the refund of any moneys contributed by the part 4 corporation and the employee
under the "Federal Insurance Contributions Act", as amended, shall direct the trustee of the part
4 corporation's qualified retirement plan to distribute such employee's account balance in the
plan to the authority for transfer to PERA, and shall relinquish all rights in the part 4 plan and
the authority's qualified retirement plan. The authority's obligation under this paragraph (b) shall
be discharged consistent with sound actuarial practices and PERA shall be obligated to act in
accordance with this paragraph (b) in order to accomplish an employee election under this
paragraph (b).
(c) An employee who elects to resume active membership in PERA may elect, no earlier
than three years after the election to return to PERA or upon acquiring twenty years of service
credit in PERA, whichever occurs first, to become an employee of the authority and participate
in the authority's qualified retirement plan in accordance with section 23-21-508; except that said
employee shall not thereafter resume active membership in PERA while employed by the
authority.
(2) Employees who elected to become employees of the part 4 corporation and
received cash - election to return to PERA. (a) Any employee of university hospital on
September 30, 1989, who elected to become an employee of the part 4 corporation and who
received said employee's member contributions to PERA in cash may elect to return to the
employee's prior state employment status and resume active membership in PERA.
(b) If an employee elects to resume active membership in PERA, the authority is
obligated to contribute to PERA an amount necessary to restore said employee to the retirement
status with PERA the employee would have attained if said employee had never elected to
become an employee of the part 4 corporation; except that the authority shall have no such
obligation unless the employee electing pursuant to this paragraph (b) purchases all of the
employee's service credit in PERA for employment at university hospital prior to becoming a
part 4 corporation employee by restoring to PERA the member contributions refunded plus
interest accrued from the date of refund to completion of purchase. Said employee shall
cooperate in obtaining the refund of any moneys contributed by the part 4 corporation and the
employee under the "Federal Insurance Contributions Act", as amended, shall direct the trustee
of the part 4 corporation's qualified retirement plan to distribute such employee's account
balance in the plan to the authority for transfer to PERA, and shall relinquish all rights in the part
4 plan and the authority's qualified retirement plan. The authority's obligation under this
paragraph (b) shall be discharged consistent with sound actuarial practices and PERA shall be
obligated to act in accordance with this paragraph (b) in order to accomplish an employee
election pursuant to this paragraph (b).
(c) An employee electing to resume active membership in PERA may elect, no earlier
than three years after the election to return to PERA or upon acquiring twenty years of service
credit in PERA, whichever occurs first, to become an employee of the authority and participate
in the authority's qualified retirement plan in accordance with section 23-21-508; except that said
employee shall not thereafter resume active membership in PERA while employed by the
authority.
(3) Employees who elected to become employees of the part 4 corporation and
became vested inactive members of PERA - election to return to PERA. (a) Any employee
of university hospital on September 30, 1989, who elected to become an employee of the part 4
corporation and who became a vested inactive member of PERA may elect to return to the
employee's prior state employment status and resume active membership in PERA.
(b) If an employee elects to resume active membership in PERA, the authority is
obligated to contribute to PERA an amount necessary to restore said employee to the retirement
status with PERA the employee would have attained if said employee had never elected to
become an employee of the part 4 corporation; except that said employee shall cooperate in
obtaining the refund of moneys contributed by the part 4 corporation and the employee under the
"Federal Insurance Contributions Act", as amended, shall direct the trustee of the part 4
corporation's qualified retirement plan to distribute such employee's account balance in the plan
to the authority for transfer to PERA, and shall relinquish all rights in the part 4 plan and the
authority's qualified retirement plan. The authority's obligation under this paragraph (b) shall be
discharged consistent with sound actuarial practices and PERA shall be obligated to act in
accordance with this paragraph (b) in order to accomplish an employee election under this
paragraph (b).
(c) An employee who elects to resume active membership in PERA may elect, no earlier
than three years after the election to return to PERA or upon acquiring twenty years of service
credit in PERA, whichever occurs first, to become an employee of the authority and participate
in the authority's qualified retirement plan in accordance with section 23-21-508; except that said
employee shall not thereafter resume active membership in PERA while employed by the
authority.
(4) Employees of the part 4 corporation not electing to return to prior state
employment status become active members of the qualified retirement plan of the
authority. An employee of university hospital on September 30, 1989, who elected to become
an employee of the part 4 corporation and who does not elect to return to such employee's prior
state employment status and resume active membership in PERA shall become an employee of
the authority on the authority's transfer date, shall commence active membership in the
authority's qualified retirement plan, shall receive service credit in the authority's qualified
retirement plan for the period of employment by the part 4 corporation, shall direct the trustee of
the part 4 corporation's qualified retirement plan to distribute such employee's account balance in
the plan to the authority, and shall relinquish all rights in the part 4 plan.
(5) Employees initially employed by the part 4 corporation on or after October 1,
1989 - election to become active members of PERA. (a) Any employee of university hospital
initially employed on or after October 1, 1989, may elect to become a state employee and an
active member of PERA.
(b) If an employee elects to become an active member in PERA, the authority is
obligated to contribute to PERA an amount necessary to establish the retirement status with
PERA the employee would have attained if said employee had been a member of PERA from the
date the employee was initially employed by the part 4 corporation; except that said employee
shall cooperate in obtaining the refund of moneys contributed by the part 4 corporation and the
employee under the "Federal Insurance Contributions Act", as amended, shall direct the trustee
of the part 4 corporation's qualified retirement plan to distribute such employee's account
balance in the plan to the authority for transfer to PERA, and shall relinquish all rights in the part
4 plan and the authority's qualified retirement plan. The authority's obligation under this
paragraph (b) shall be discharged consistent with sound actuarial practices and PERA shall be
obligated to act in accordance with this paragraph (b) in order to accomplish an employee
election under this paragraph (b).
(c) An employee who becomes an active member in PERA may elect, no earlier than
three years after the election to join PERA or upon acquiring twenty years of service credit in
PERA, whichever occurs first, to become an employee of the authority and participate in the
authority's qualified retirement plan in accordance with section 23-21-508; except that said
employee shall not thereafter resume active membership in PERA while employed by the
authority.
(6) Employees initially employed by the part 4 corporation on or after October 1,
1989 - election to become active members of the authority's qualified retirement plan. Any
employee of university hospital initially employed on or after October 1, 1989, who does not
elect to become a state employee and an active member in PERA shall become an employee of
the authority on the authority's transfer date, shall commence active membership in the
authority's qualified retirement plan, shall receive service credit in the authority's qualified
retirement plan for the period of employment by the part 4 corporation, shall direct the trustee of
the part 4 corporation's qualified retirement plan to distribute such employee's account balance in
the plan to the authority, and shall relinquish all rights in the part 4 plan.
(7) Election required - when. Except as otherwise provided in subsections (1)(c),
(2)(c), (3)(c), and (5)(c) of this section, any election provided for in this section shall be made no
later than one hundred twenty days after the authority's transfer date.

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