8 Colo. Code Regs. § 1502-1-3

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 8 CCR 1502-1-3 - MEMBERSHIP

Rule 3 describes continuation of membership, information required from employers and members and determination of member status by the Board. For the purposes of Rule 3, the term "member" shall include DPS members and the term "retiree" shall include DPS retirees.

3.15Continuation of Membership

A. Membership rights continue during an employer-certified leave of absence without pay.

B. Membership rights continue during an absence due to work stoppage from the date work is halted through the date a court order is issued for return to work.

C. Membership rights continue during periods in which pay has ceased due to seasonal or special nature of work requiring regularly recurring periods of more than 90 days during which no pay is received.

3.25Member Records

The Association shall require such information as may be necessary to determine membership status or benefit eligibility including, but not limited to:

A. Employer Responsibility

An employer shall provide any information necessary to determine membership status or benefit eligibility including, but not limited to:

(1) Written or electronic notice of changes in employment status resulting from hire, transfer, promotion, leave of absence, resignation, termination, reinstatement or death.

(2) Upon request from the Association, certification of previous employment status for periods during which service credit is in question.

(3) Upon request from the Association, pay patterns, work patterns or other information required to determine service credit or benefits payable.

B. Member Responsibility

A member shall provide any information necessary to determine benefit eligibility and to maintain contact with the member including, but not limited to:

(1) Written notice of changes in name, address or named beneficiary.

(2) Proof of age for the member or cobeneficiary when such age cannot be determined by existing Association records.

3.30Determination of Member Status

A. If existing Association records are incomplete or in question, and no acceptable documentation can be provided by the employer or the member, the Board shall determine benefit eligibility and benefit payments based on the information available.

B. An individual who refunded his or her member contribution account pursuant to 24-51-405, C.R.S. and purchases all or part of the period associated with the refunded member contribution account on or after July 1, 2005, pursuant to 24-51-503, C.R.S. shall have no rights associated with membership prior to July 1, 2005, except as mandated by federal law.

C. An individual who refunded his or her member contribution account pursuant to Section 24-51-405, C.R.S. and purchases all or part of the period associated with the refunded member contribution account on or after January 1, 2007, pursuant to Section 24-51-503, C.R.S., shall have no rights associated with membership prior to January 1, 2007, except as mandated by federal law.

D. An individual who refunded his or her member contribution account pursuant to Section 24-51-405, 24-51-1711, or 24-51-1729(6)(a)(l), C.R.S., and purchases all or part of the period associated with the refunded member contribution account on or after January 1, 2010, pursuant to Section 24-51-503 or 24-51-505, C.R.S., whichever is applicable, shall have no rights associated with membership prior to January 1, 2010, except as mandated by federal law.

E. An individual who refunded his or her member contribution account pursuant to Section 24-51-405, 24-51-1711, or 24-51-1729(6)(a)(l), C.R.S., and purchases all or part of the period associated with the refunded member contribution account on or after January 1, 2017, pursuant to Section 24-51-503 or 24-51-505, C.R.S., whichever is applicable, shall have no rights associated with membership prior to January 1, 2017, except as mandated by federal law.

3.40City Managers and Key Management Staff

For purposes of section 24-51-308, C.R.S., if a municipality does not have a city manager, then individuals who would otherwise report to a city manager but instead report to the Mayor or other governing body are still eligible to make a one-time, irrevocable election to be exempted from membership in the Association.

8 CCR 1502-1-3

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 04, February 25, 2017, effective 4/1/2017

40 CR 24, December 25, 2017, effective 2/1/2018

41 CR 14, July 25, 2018, effective 9/1/2018

41 CR 20, October 25, 2018, effective 1/1/2019

42 CR 20, October 25, 2019, effective 1/1/2020

43 CR 21, November 10, 2020, effective 1/1/2021

44 CR 20, October 25, 2021, effective 1/1/2022