Section 31-31-704 - Optional affiliation by social security employers(1)(a) Prior to January 1, 2007, and notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal "Social Security Act", as amended, or any county that covers salaried employees whose duties are directly involved with the provision of law enforcement or fire protection, as certified by the county under the federal "Social Security Act", as amended, may have elected affiliation with the association, either as to coverage under the statewide death and disability plan or as to retirement under the statewide defined benefit plan, or as to both, by filing with the board a resolution of the governing body of such employer, but any such affiliation shall either exclude past service credit or include past service credit funded by contribution levels established by the board.(b) On or about January 1, 2023, participation by members employed by social security employers who elected optional affiliation pursuant to subsection (1)(a) of this section shall be transferred to the statewide retirement plan pursuant to the merger described in section 31-31-412.(1.5) to (4) (Deleted by amendment, L. 2012.)(5) Benefits provided pursuant to the statewide defined benefit and statewide death and disability plans established by this article to members of employers that have affiliated pursuant to this section prior to January 1, 2007, shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.(6) to (10) (Deleted by amendment, L. 2012.)Amended by 2022 Ch. 61, § 10, eff. 1/1/2023.L. 96: Entire article added with relocations, p. 924, § 1, effective May 23. L. 2003: (1) and (3) amended and (1.5) and (3.5) added, p. 1232, § 4, effective August 6. L. 2006: (2) amended and (9) and (10) added, p. 101, § 2, effective March 27. L. 2012: Entire section amended, (HB 12-1018), ch. 24, p. 62, § 1, effective August 8.This section was formerly numbered as § 31-30-1003.5.
2022 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the federal "Social Security Act", see 42 U.S.C. sec. 301 et seq. For the "Internal Revenue Code of 1986", see title 26 of the United States Code.