Colorado Code § 24-51-1715

Benefits
Open in Lexace · Ask the AI about this section
(1) The annual superannuation retirement allowance shall be
determined in the following manner:
(a) Subject to the provisions of paragraph (c) of this subsection (1) pertaining to certain
members appointed or reappointed on or after July 1, 2005, and for persons who become affiliate
members on or after July 1, 2005, the following calculations shall apply:
(I) If said member shall retire pursuant to section 24-51-1713, the highest average salary
as defined in section 24-51-1702 (17) shall be multiplied by the primary percentage which shall
determine the annual retirement allowance expressed as a single life annuity and known as
option A.
(II) If, however, said member shall retire pursuant to section 24-51-1714 (2), and if the
member has reached retirement eligibility as of January 1, 2011, and has attained a minimum age
of fifty years, the annual retirement allowance, calculated pursuant to subparagraph (I) of this
paragraph (a), shall be reduced by the lesser of four percent for each year that fifty-five exceeds
said member's attained age or four percent for each year that thirty exceeds said member's
number of years of active service with the district, in either case prorated for a partial year. For
members who have not reached retirement eligibility as of January 1, 2011, the annual
retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be
reduced by an actuarially determined percentage as of the effective date of retirement to ensure
that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant
to subparagraph (I) of this paragraph (a).
(III) If said member shall retire pursuant to section 24-51-1714 (2), and if the member
has reached retirement eligibility as of January 1, 2011, and is younger than age fifty, the annual
retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be
reduced by the greater of four percent for each year that fifty exceeds said member's attained age
or four percent for each year that thirty exceeds said member's number of years of active service
with the district, in either case prorated for a partial year. For members who have not reached
retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant
to subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined
percentage as of the effective date of retirement to ensure that the benefit is the actuarial
equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of this
paragraph (a).
(IV) If said member shall retire pursuant to section 24-51-1714 (3), and the member has
reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated
pursuant to subparagraph (I) of this paragraph (a), shall be reduced by the lesser of four percent
for each year that twenty-five exceeds said member's number of years of active service with the
district or four percent for each year that sixty-five exceeds said member's age, in either case
prorated for a partial year. For members who have not reached retirement eligibility as of
January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this
paragraph (a), shall be reduced by an actuarially determined percentage as of the effective date
of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement
allowance, calculated pursuant to subparagraph (I) of this paragraph (a).
(V) If said member shall retire pursuant to section 24-51-1714 (4), and if the member
has reached retirement eligibility as of January 1, 2011, the annual retirement allowance,
calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by four percent for
each year that fifty exceeds said member's age. For members who have not reached retirement
eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to
subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined percentage
as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the
annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a).
(b) If a reduction percentage is applicable, prior to calculation of the reduced retirement
allowance, the annuity portion shall be determined and subtracted from the retirement allowance
in order to determine the pension portion, using the terms of section 24-51-1726, if applicable,
and then the reduced retirement allowance shall be determined by application of the appropriate
reduction. The annuity portion of said allowance, as determined prior to the reduction, shall be
subtracted from the reduced retirement allowance in order to determine the pension portion, if
any, that may be applicable. In no event shall any reduced retirement allowance be less than the
annuity portion of said allowance as determined prior to the reduction percentage. Said annual
retirement allowance shall be payable on a monthly basis and shall continue for so long as said
member shall live or so long as may be provided under any option available to and elected by
such member pursuant to the provisions of this retirement plan. Payment shall be made at the
end of the calendar month for any retirement allowance attributable to said month, and upon the
death of said member payment shall be allowed for that portion of the calendar month in which
death occurs up to and including the date of death.
(c) In making the calculation of the annual retirement allowance adjustment for a
member who initially was appointed or who became an affiliate member on or after July 1, 2005,
and who has reached retirement eligibility as of January 1, 2011, the reduction percentage
provided in paragraph (a) of this subsection (1) shall be changed in each instance from four
percent to six percent. For members who have not reached retirement eligibility as of January 1,
2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of paragraph (a)
of this subsection (1), shall be reduced by an actuarially determined percentage as of the
effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual
retirement allowance, calculated pursuant to subparagraph (I) of paragraph (a) of this subsection
(1).

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.