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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0936.01 Sam Anderson x4218 SENATE BILL 26-151
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO THE PUBLIC EMPLOYEES '101
RETIREMENT ASSOCIATION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, certain Denver school of science and
technology charter schools (DSST schools) are excluded from the Denver
public schools division of the public employees' retirement association
(PERA). The bill affiliates DSST schools with PERA. The bill also adds
one voting member to the PERA board of trustees. The added member is
to be elected from the Denver public schools division through a Denver
SENATE SPONSORSHIP
Kolker and Gonzales J.,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
public schools division election administered by PERA. The added
member replaces a nonvoting ex officio board member from the Denver
public schools division, whom the bill removes from the board.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-51-203, amend2
(1) introductory portion; repeal (1.5); and add (1)(h) as follows: 3
24-51-203. Board - composition and election.4
(1) The board consists of the following fifteen SIXTEEN trustees: 5
(h) O NE TRUSTEE ELECTED BY THE DENVER PUBLIC SCHOOLS6
DIVISION THROUGH A DENVER PUBLIC SCHOOLS ELECTION ADMINISTERED7
BY THE ASSOCIATION . THE TRUSTEE POSITION CREATED IN THIS8
SUBSECTION (1)(h) EXISTS SO LONG AS THE DENVER PUBLIC SCHOOLS9
DIVISION REMAINS AS A SEPARATE DIVISION OF THE ASSOCIATION . THE10
TRUSTEE ELECTED PURSUANT TO THIS SUBSECTION (1)(h) M U S T B E A11
MEMBER OR RETIREE OF THE DENVER PUBLIC SCHOOLS DIVISION .12
EFFECTIVE JUNE 1, 2026, THE TRUSTEE ELECTED PURSUANT TO THIS13
SUBSECTION (1)(h) IS A VOTING MEMBER OF THE BOARD.14
(1.5) In addition to the board members specified in subsection (1)15
of this section, there shall be one ex officio board member from the16
Denver public schools division. The ex officio board member shall be17
elected by the Denver public schools division through a Denver public18
schools division member election administered by the association. The19
Denver public schools division ex officio member position exists so long20
as the Denver public schools division remains as a separate division of the21
association. The Denver public schools division ex officio member shall22
be a member or retiree of the Denver public schools division and shall be23
treated like all other members of the board, subject to the following:24
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(a) The ex officio member may sit with the board and participate1
in discussions of agenda items, but shall not be allowed to vote on any2
matter coming before the board or any committee of the board, or to make3
any motion regarding any matter before the board or any committee of the4
board;5
(b) The ex officio member may be reimbursed for his or her actual6
and necessary expenses incurred in the execution of his or her duties as7
an ex officio member of the board, subject to the same requirements and8
restrictions as apply to reimbursement of expenses of statutory members9
of the board;10
(c) The ex officio member's fiduciary obligations and11
responsibilities shall be the same as any other board member, shall flow12
to the entire association membership, and are not limited to those of the13
Denver public schools division;14
(d) The ex officio member shall be provided the same board and15
committee meeting materials as are provided to other members of the16
board, including any information that may be deemed confidential;17
(e) The ex officio member shall be allowed to participate in or18
attend executive or closed sessions of the board or of any committee of19
the board subject to all association board rules, regulations, and policies,20
including, but not limited to, confidentiality and conflict of interest;21
(f) The ex officio member may not be elected as an officer of the22
board;23
(g) At the request of the ex officio member, the chair of the board24
may appoint the ex officio member as an ex officio member of any25
standing committee of the board;26
(h) The ex officio member shall be allowed to attend and27
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participate in any open meeting discussion at any board or committee1
meeting; and2
(i) The ex officio member shall observe all rules, regulations, and3
policies applicable to members of the board and any other conditions,4
restrictions, or requirements established or directed by vote of a majority5
of the members of the board.6
SECTION 2. In Colorado Revised Statutes, amend 24-51-309 as7
follows: 8
24-51-309. Affiliation by public entities.9
Except as otherwise provided in section 24-51-320, any political10
subdivision within the state of Colorado or any public agency created by11
the state or any of its political subdivisions may make application to the12
board to affiliate with the association. Any such entity specified in this13
section that previously exempted its employees from membership in the14
association may, by ordinance or resolution, apply to the board to be15
affiliated with the association. All applications shall be ARE subject to16
approval by the board, and upon approval the benefits, duties, and17
responsibilities of employers and members shall begin from the date of18
affiliation with the association. The Denver public schools division shall19
include charter schools that participate in the DPS plan prior to January20
1, 2010, and any future charter schools that are approved by the Denver21
public schools board of education and that enter into a charter contract22
with the Denver public schools board of education on or after January 1,23
2010. The board shall not allow affiliation into the Denver public schools24
division of any employer not approved by the Denver public schools25
board of education THE DENVER PUBLIC SCHOOLS DIVISION INCLUDES26
DENVER SCHOOL OF SCIENCE AND TECHNOLOGY CHARTER SCHOOLS, ANY27
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CHARTER SCHOOLS THAT CONTRACT WITH THE DENVER PUBLIC SCHOOLS1
BOARD OF EDUCATION, AND ANY FUTURE CHARTER SCHOOLS THAT ARE2
APPROVED BY THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION AND3
THAT ENTER INTO A CHARTER CONTRACT WITH THE DENVER PUBLIC4
SCHOOLS BOARD OF EDUCATION.5
SECTION 3. In Colorado Revised Statutes, 24-51-505, amend6
(2)(d) as follows:7
24-51-505. Purchase of service credit relating to noncovered8
employment.9
(2) (d) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(d)(II) OF THIS10
SECTION, members employed by a public entity affiliated with the11
association pursuant to section 24-51-309 may purchase service credit for12
years employed by the entity without limit, if the purchase is completed13
before the member terminates employment with the entity, and any such14
purchase for years employed by the entity in excess of ten years is15
completed or installment payments initiated within three years after the16
date the employer affiliates with the association or November 1, 2006,17
whichever is later.18
(II) A MEMBER EMPLOYED BY A DENVER SCHOOL OF SCIENCE AND19
TECHNOLOGY CHARTER SCHOOL THAT IS AFFILIATED WITH THE20
ASSOCIATION PURSUANT TO SECTION 24-51-309 MAY PURCHASE SERVICE21
CREDIT FOR YEARS EMPLOYED BY THE CHARTER SCHOOL WITHOUT LIMIT22
IF THE PURCHASE IS COMPLETED BEFORE THE MEMBER TERMINATES23
EMPLOYMENT WITH THE CHARTER SCHOOL AND ANY SUCH PURCHASE FOR24
YEARS EMPLOYED BY THE CHARTER SCHOOL IN EXCESS OF TEN YEARS IS25
COMPLETED OR INSTALLMENT PAYMENTS ARE INITIATED WITHIN THREE26
YEARS AFTER JULY 1, 2026.27
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SECTION 4. In Colorado Revised Statutes, 24-51-1747, amend1
(1)(k) as follows:2
24-51-1747. Portability between the Denver public schools3
division and the other four divisions within the association -4
definitions.5
(1) As used in this section, unless the context otherwise requires:6
(k) "Denver public school district charter school" means a charter7
school that was approved before January 1, 2010, by the Denver public8
school district board of education and that has employees participating in9
the Denver public schools retirement system before January 1, 2010, and10
that is certified as a Denver public school district charter school. at the11
time of merger "Denver public school district charter school" also means12
a charter school approved by the Denver public school board of13
education. on or after January 1, 2010 A Denver public school district14
charter school is considered an employer within the Denver public15
schools division.16
SECTION 5. Effective date. This act takes effect July 1, 2026;17
except that sections 1, 5, and 6 of this act take effect June 1, 2026.18
SECTION 6. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
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