(1) Any eligible employee pursuant to paragraph (a) of subsection (2) of this section shall elect, within sixty days of commencing employment, either to become a member of the association's defined benefit plan or the association's defined contribution plan. If an employee does not make such election within the sixty-day period, the employee shall become a member of the association's defined benefit plan. The employer is solely responsible for ensuring that an eligible employee pursuant to this section is given the opportunity to elect to become either a member of the defined benefit plan or the defined contribution plan.
(a) For purposes of this part 15, "eligible employee" means, effective July 1, 2009, and effective January 1, 2019, for local government division employees and state division employees who are employed only in a classified position in the state personnel system by a state college or university, any employee who commences employment with an employer and who, if not commencing employment in a state elected official's position, has not been a member of the association's defined benefit plan or the association's defined contribution plan or an active participant of the state defined contribution plan established pursuant to part 2 of article 52 of this title 24, as said part existed prior to its repeal in 2009, during the twelve months prior to the date that he or she commenced employment. "Eligible employee" includes a retiree of the association who is serving in a state elected official's position but does not include any other retiree of the association or a retiree of the association who has suspended benefits.
(b) An employee who is covered by a defined contribution plan pursuant to article 54.6 of this title or who is an employee of any state college or university as defined in section 2454.5-102 (7), any institution under the control of the board of regents of the university of Colorado, or an institution governed pursuant to part 5 of article 21 of title 23, C.R.S., shall not be eligible to make the election pursuant to subsection (1) of this section.
Repealed.
Source: L. 2004: Entire part added, p. 1947, § 23, effective January 1, 2006. L. 2005: (1) and (2)(a) amended, p. 210, § 1, effective April 7; (2)(a) amended, p. 902, § 4, effective June 2. L. 2006: Entire section amended, p. 1188, § 24, effective January 1, 2008. L. 2007: Entire section amended, p. 2011, § 2, effective January 1, 2008. L. 2009: (1) and (2)(a) amended and (3) added, (SB 09-066), ch. 73, p. 250, § 6, effective March 31. L. 2018: (2)(a) amended and (3) repealed, (SB 18-200), ch. 370, p. 2257, § 23, effective June 4.
Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.