Colorado Code § 24-51-316

Inadequate reserves - excess reserves - nonpayment
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(1) (a) In the event
that the amount of the reserves required pursuant to section 24-51-315 (1)(a) exceeds the amount
of the employer's share of the employer contribution reserve in the local government division
trust fund as calculated by the actuary, then the employer shall make an additional payment as of
the effective date of termination of affiliation in an amount equal to the difference between the
amount of reserves required and the amount of reserves on deposit.
(b) In the event that the reserves required pursuant to section 24-51-315 (1)(b) for the
health care trust fund created by section 24-51-1201 (1) exceeds the market value of assets
attributable to the employer in the health care trust fund, the employer shall make an additional
payment as of the effective date of termination of affiliation in an amount equal to the difference
between the amount of reserves required and the amount of reserves on deposit.
(c) If the actuary determines, in accordance with accepted actuarial principles, that the
termination of affiliation of the employer shall have an adverse financial impact on the funding
of the health care trust fund created by section 24-51-1201 (1), the employer shall make any
additional payment necessary to ensure that the impact on the funding of the health care trust
fund remains unchanged upon the employer's termination of affiliation.
(2) In the event that the amount of the reserves on deposit in the local government
division trust fund as calculated by the actuary for the employer requesting termination of
affiliation exceeds the amount of reserves required pursuant to section 24-51-315 (1), such
excess amount and the amount required for the transfer of member contributions as provided in
section 24-51-317 shall be transferred by a direct trustee-to-trustee transfer to the alternate
pension plan or system required by section 24-51-319 as of the effective date of termination of
affiliation.
(3) If any payment required pursuant to subsection (1) or (2) of this section is not made,
interest shall be assessed on the amount due at the rate specified for employers in section 24-51-
101 (28). Interest shall be calculated from the effective date of termination until such amount is
paid in full.

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