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SENATE BILL 26-151
BY SENATOR(S) Kolker and Gonzales J., Cutter, J odeh, Kipp, Marchman,
Coleman;
also REPRESENTATIVE(S) Bacon and Lukens, Clifford, Duran, English,
Goldstein, Hamrick, Lieder, Nguyen, Phillips, Rutinel, Rydin, Smith,
Stewart K., Titone, McCluskie.
CONCERNING MODIFICATIONS TO THE PUBLIC EMPLOYEES' RETIREMENT
ASSOCIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-51-203, amend (1)
introductory portion; repeal (1.5); and add (l)(h) as follows:
24-51-203. Board - composition and election.
(1) The board consists of the following fifteen SIXTEEN trustees:
(h) ONE TRUSTEE ELECTED BY THE DENVER PUBLIC SCHOOLS
DIVISION THROUGH A DENVER PUBLIC SCHOOLS ELECTION ADMINISTERED BY
THE ASSOCIATION. THE TRUSTEE POSITION CREATED IN THIS SUBSECTION
( 1 )(h) EXISTS SO LONG AS THE DENVER PUBLIC SCHOOLS DIVISION REMAINS
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
AS A SEPARATE DIVISION OF THE ASSOCIATION. THE TRUSTEE ELECTED
PURSUANT TO THIS SUBSECTION (1 )(h) MUST BE A MEMBER OR RETIREE OF
THE DENVER PUBLIC SCHOOLS DIVISION. EFFECTIVE JUNE 1, 2026, THE
TRUSTEE ELECTED PURSUANT TO THIS SUBSECTION ( 1 )(h) IS A VOTING
MEMBER OF THE BOARD.
(1.5) In addition to the board members specified in subsection (1)
of this section, there shall be one ex officio board member frnm the Den vet
public schools division. The ex officio boat d member shall be elected by the
Den\Jet public schools division through a Denver public schools division
member election administered by the association. The Denver public
schools division ex officio member position exists so long as the Den\Jet
public schools div is ion t emains as a separate di" is ion of the association.
The Denver public schools di" is ion ex officio member shall be a member
or retiree of the Denver public schools division and shall be treated like all
other members of the board, subject to the following.
(a) The ex officio member may sit with the board and participate in
discussions of agenda items, but shall not be allowed to vote on any matter
coming before the board or any committee of the boat d, or to make any
motion regarding any matter before the board or any committee of the
board,
(b) The ex officio member may be reimbursed for his or her actual
and necessary expenses incun ed in the execution of his or her duties as an
ex officio member of the boat d, subject to the same I equir ements and
restrictions as apply to reimbursement of expenses of statutory members of
the board,
(c) The ex officio member's fiduciary obligations and
responsibilities shall be the same as any other board member, shall flow to
the entire association membership, and are not limited to those of the
Denver public schools di" ision,
(d) The ex officio member shall be provided the same board and
committee meeting materials as are pt o v ided to other members of the board,
including any information that may be deemed confidential,
(e) The ex officio member shall be allowed to participate in or
attend executive or closed sessions of the board or of any committee of the
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board subj eet to all assoeiation board I ules, I egulations, and polieies,
ineluding, but not limited to, eonfidentialicy and eonfliet of interest,
(f) The ex offieio member ma, not be elected as an offieer of the
board,
(g) At the request of the ex offieio member, the ehait of the board
ma, appoirrt the ex offieio member as an ex offieio member of any standing
committee of the board,
(h) The ex offieio member shall be allowed to attend and partieipate
in any open meeting discussion at any board or committee meeting, and
(i) The ex offieio membet shall observe all mks, tegulations, and
polieies applicable to nrembets of the board and any other conditions,
I esttietions, ot t equit ements established or dit eeted by vote of a major icy of
the membets of the bmud.
SECTION 2. In Colorado Revised Statutes, amend 24-51-309 as
follows:
24-51-309. Affiliation by public entities.
Except as otherwise provided in section 24-51-320, any political
subdivision within the state of Colorado or any public agency created by the
state or any of its political subdivisions may make application to the board
to affiliate with the association. Any such entity specified in this section that
previously exempted its employees from membership in the association
may, by ordinance or resolution, apply to the board to be affiliated with the
association. All applications shall be ARE subject to approval by the board,
and upon approval the benefits, duties, and responsibilities of employers
and members shall begin from the date of affiliation with the association.
'fhe Den vet publie sehools div is ion shall inelude ehartet schools that
partieipate in the DPS plan ptiot to January 1, 2010, and any future chartet
sehools that ate apptoved by the Denvet public schools board ofedueation
and that entet into a ehartet contr aet with the Denver public schools board
of edueation ott or after January 1, 2010. The board shall not allow
affiliation into the Den\! er public sehools div is ion of any employ er not
approved by the Den\leI public sehools board of edueation THE DENVER
PUBLIC SCHOOLS DIVISION INCLUDES DENVER SCHOOL OF SCIENCE AND
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TECHNOLOGY CHARTER SCHOOLS, ANY CHARTER SCHOOLS THAT CONTRACT
WITH THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION, AND ANY
FUTURE CHARTER SCHOOLS THAT ARE APPROVED BY THE DENVER PUBLIC
SCHOOLS BOARD OF EDUCATION AND THAT ENTER INTO A CHARTER
CONTRACT WITH THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION.
SECTION 3. In Colorado Revised Statutes, 24-51-505, amend
(2)(d) as follows:
24-51-505. Purchase of service credit relating to noncovered
employment.
(2) (d) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(d)(II) OF THIS
SECTION, members employed by a public entity affiliated with the
association pursuant to section 24-51-309 may purchase service credit for
years employed by the entity without limit, if the purchase is completed
before the member terminates employment with the entity, and any such
purchase for years employed by the entity in excess of ten years is
completed or installment payments initiated within three years after the date
the employer affiliates with the association or November 1, 2006,
whichever is later.
(II) A MEMBER EMPLOYED BY A DENVER SCHOOL OF SCIENCE AND
TECHNOLOGY CHARTER SCHOOL THAT IS AFFILIATED WITH THE ASSOCIATION
PURSUANT TO SECTION 24-51-309 MAY PURCHASE SERVICE CREDIT FOR
YEARS EMPLOYED BY THE CHARTER SCHOOL WITHOUT LIMIT IF THE
PURCHASE IS COMPLETED BEFORE THE MEMBER TERMINATES EMPLOYMENT
WITH THE CHARTER SCHOOL AND ANY SUCH PURCHASE FOR YEARS
EMPLOYED BY THE CHARTER SCHOOL IN EXCESS OF TEN YEARS IS COMPLETED
OR INSTALLMENT PAYMENTS ARE INITIATED WITHIN THREE YEARS AFTER
JULY 1,2026.
SECTION 4. In Colorado Revised Statutes, 24-51-1747, amend
(l)(k) as follows:
24-51-1747. Portability between the Denver public schools
division and the other four divisions within the association -definitions.
(1) As used in this section, unless the context otherwise requires:
PAGE 4-SENATE BILL 26-151
(k) "Denver public school district charter school" means a charter
school that was approved befure January 1, 2010, by the Denver public
school distt iet boat d of education and that has employees participating in
the Denver public schools retirement system befute January 1, 2010, and
that is certified as a Denver public school district charter school. at the time
of merger "Denver public school district charter school" also means a
charter school approved by the Denver public school board of education. on
01 after January 1, 2010 A Denver public school district charter school is
considered an employer within the Denver public schools division.
SECTION 5. Effective date. This act takes effect July 1, 2026;
except that sections 1, 5, and 6 of this act take effect June 1, 2026.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 5-SENATE BILL 26-151
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman , Sr.
PRESIDENT OF
THE SENATE
Est van Mourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~ Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED "" IV1ur.scl'U b 2-tj-t,-2..d2k "'-+ tZ.;"'°f""
( ate an Time)
Jared
GOVE STATE O COLORADO
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