8 CCR 1502-1-2 - ADMINISTRATION
Rule 2 assigns affiliated employers to one of the five divisions, sets procedures for administrative review of Board decisions, describes the requirements for regular and special meetings of the Board of Trustees and general meetings of the Association, defines a quorum, describes the election of Board members and officers, and specifies the actuarial methods and assumptions used by the Association. Unless otherwise indicated, for the purposes of Rule 2, where applicable, the term "member" shall include DPS members and the term "retiree" shall include DPS retirees.
Whenever any state agency, its political subdivisions, any school district, any public entity or court becomes affiliated with the Association, the Board shall assign it and its employees to either the State Division, School Division, the Local Government Division, the Judicial Division, or the DPS Division.
Adams State University
Aims Community College
Arapahoe Community College
Auraria Higher Education Center
Community College of Aurora
Colorado Mesa University
Colorado Mountain College
Colorado Northwestern Community College
Colorado School of Mines
Colorado State University
Colorado State University at Pueblo
Commission on Higher Education
Community College of Denver
Fort Lewis College
Front Range Community College
Lamar Community College
Metropolitan State University of Denver
Morgan Community College
Northeastern Junior College
Otero Junior College
Pikes Peak Community College
Pueblo Community College
Red Rocks Community College
State Board for Community Colleges and Occupational Education
Trinidad State Junior College
University of Colorado
University of Northern Colorado
Western Colorado University
Collegelnvest
College Assist
Colorado Association of School Boards
Colorado Association of School Executives
Colorado High School Activities Association
Colorado House of Representatives
Colorado Senate
Colorado Water Resources & Power Development Authority
Colorado Community College System
CoverColorado Department of Agriculture
Department of Corrections
Department of Education
Department of Health Care Policy and Financing
Department of Human Services
Department of Labor and Employment
Department of Law
Department of Local Affairs
Department of Military and Veterans Affairs
Department of Natural Resources
Department of Personnel and Administration
Department of Public Health and Environment
Department of Public Safety
Department of Regulatory Agencies
Department of Revenue
Department of State
Department of the Treasury
Department of Transportation
Fire and Police Pension Association
Joint Budget Committee
Judicial Department
Legislative Council
Office of the District Attorneys
Office of Economic Development and International Trade
Office of the Governor
Office of Information Technology
Office of Legislative Legal Services
Office of the Lieutenant Governor
Office of the State Auditor
Pinnacol Assurance
Public Employees' Retirement Association
School for the Deaf and the Blind
Special District Association of Colorado
State Historical Society
Adams County
Adams 12 Five Star Schools
Adams County School District 14
Bennett School District 29J
Brighton School District 27J
Mapleton School District 1
Strasburg School District 31J
Westminster Public Schools
Alamosa County
Alamosa County School District Re-11J
Sang re de Cristo School District Re-22J
Arapahoe County
Adams-Arapahoe School District 28J
Byers School District 32J
Cherry Creek School District 5
Deer Trail School District 26J
Englewood School District 1
Littleton School District 6
Sheridan School District 2
Archuleta County
Archuleta County School District 50 Jt
Baca County
Campo School District RE-6
Pritchett School District RE-3
Springfield School District RE-4
Vilas School District RE-5
Walsh School District RE-1
Bent County
Las Animas School District RE-1
McClave School District RE-2
Boulder County
Boulder Valley School District RE2
St. Vrain Valley School District RE1J
Chaffee County
Buena Vista School District R-31
Salida School District R-32(J)
Cheyenne County
Cheyenne County School District Re-5
Kit Carson School District R-1
Clear Creek County
Clear Creek School District RE-1
Conejos County
North Conejos School District RE1J
Sanford School District 6J
South Conejos School District RE 10
Costilla County
Centennial School District R-1
Sierra Grande School District R-30
Crowley County
Crowley County School District RE-1
Custer County
Custer County Consolidated School District C-1
Delta County
Delta County School District 50(J)
Dolores County
Dolores County School District Re No. 2
Douglas County
Douglas County School District Re 1
Eagle County
Eagle County School District Re 50
Elbert County
Agate School District 300
Big Sandy School District 100J
Elbert School District 200
Elizabeth School District C-1
Kiowa School District C-2
El Paso County
Academy School District #20
Calhan School District RJ1
Cheyenne Mountain School District 12
Colorado Springs School District 11
Edison School District 54 Jt
Ellicott School District 22
Falcon School District 49
Fountain School District 8
Hanover School District 28
Harrison School District 2
Lewis-Palmer School District 38
Manitou Springs School District 14
Miami/Yoder School District 60 Jt
Peyton School District 23 Jt
Widefield School District 3
Fremont County
Canon City School District Re-1
Cotopaxi School District Re-3
Florence School District Re-2
Garfield County
Garfield School District 16
Garfield School District Re-2
Roaring Fork School District Re-1
Gilpin County
Gilpin County School District Re-1
Grand County
East Grand School District 2
West Grand School District 1
Gunnison County
Gunnison Watershed School District ReU
Hinsdale County
Hinsdale County School District Re-1
Huerfano County
Huerfano School District Re-1
La Veta School District Re-2
Jackson County
North Park School District R-1
Jefferson County
Jefferson County School District R-1
Kiowa County
Kiowa County School District RE-1
Plainview School District Re-2
Kit Carson County
Arriba-Flagler Consolidated School District No. 20
Bethune School District R-5
Burlington School District Re-6J
Hi-Plains School District R-23
Stratton School District R-4
Lake County
Lake County School District R-1
La Plata County
Bayfield School District 10Jt-R
Durango School District 9-R
Ignacio School District 11 Jt
Larimer County
Estes Park School District R-3
Poudre School District R-1
Thompson School District R-2J
Las Animas County
Aguilar Reorganized School District 6
Branson Reorganized School District 82
Hoehne Reorganized School District 3
Kim Reorganized School District 88
Primero Reorganized School District 2
Trinidad School District 1
Lincoln County
Genoa/Hugo School District C-113
Karval School District Re 23
Limon School District Re 4J
Logan County
Buffalo School District Re-4
Frenchman School District Re-3
Plateau School District Re-5
Valley School District Re-1
Mesa County
De Beque School District 49 Jt
Mesa County Valley School District 51
Plateau Valley School District 50
Mineral County
Creede Consolidated School District 1
Moffat County
Hayden School District Re 1
Moffat County School District Re No.1
Montezuma County
Dolores School District RE 4A
Mancos School District Re-6
Montezuma-Cortez School District Re 1
Montrose County
Montrose County School District Re-1 J
West End School District Re-2
Morgan County
Brush School District Re-2 (J)
Fort Morgan School District Re-3
Weldon Valley School District Re-20 (J)
Wiggins School District Re-50 (J)
Otero County
Cheraw School District 31
East Otero School District R1
Fowler School District R4J
Manzanola School District 3J
Rocky Ford School District R2
Swink School District 33
Ouray County
Ouray School District R-1
Ridgway School District R-2
Park County
Park County School District Re-2
Platte Canyon School District 1
Phillips County
Haxtun School District Re-2J
Holyoke School District Re-U
Pitkin County
Aspen School District 1
Prowers County
Granada School District Re-1
Holly School District Re-3
Lamar School District Re-2
Wiley School District Re-13 Jt
Pueblo County
Pueblo City School District 60
Pueblo County Rural School District 70
Rio Blanco County
Meeker School District RE1
Rangely School District RE4
Rio Grande County
Del Norte School District C-7
Monte Vista School District C-8
Sargent School District Re-33J
Routt County
South Routt School District Re 3
Steamboat Springs School District Re 2
Saguache County
Center Consolidated School District 26 Jt
Moffat School District 2
Mountain Valley School District Re 1
San Juan County
Silverton School District 1
San Miguel County
Norwood School District R-2J
Telluride School District R-1
Sedgwick County
Julesburg School District Re 1
Revere School District
Summit County
Summit School District Re 1
Teller County
Cripple Creek-Victor School District Re-1
Woodland Park School District RE-2
Washington County
Akron School District R-1
Arickaree School District R-2
Lone Star School District 101
Otis School District R-3
Woodlin School District R-104
Weld County
Ault-Highland School District Re-9
Briggsdale School District Re-10
Eaton School District Re-2
Weld County School District Re-1
Greeley School District 6
Johnstown-Milliken School District Re-5J
Keenesburg School District Re-3
Pawnee School District Re-12
Platte Valley School District Re-7
Prairie School District Re-11
Weld County School District Re-8
Wndsor School District Re-4
Yuma County
Idalia School District RJ-3
Liberty School District J-4
Wray School District RD-2
Yuma School District 1
Boards of Cooperative Educational Services (BOCES)
Adams County Board of Cooperative Educational Services
Centennial Board of Cooperative Educational Services
East Central Board of Cooperative Educational Services
Education reEnvisioned Board of Cooperative Education Services
Expeditionary Learning School Board of Cooperative Educational Services
Educational Services Grand Valley Board of Cooperative Educational Services
Grand Valley Board of Cooperative Educational Services
Mount Evans Board of Cooperative Educational Services
Mountain Board of Cooperative Educational Services
Northeast Board of Cooperative Educational Services
Northwest Colorado Board of Cooperative Educational Services
Pikes Peak Board of Cooperative Educational Services
Rio Blanco Board of Cooperative Educational Services
San Juan Board of Cooperative Educational Services
San Luis Valley Board of Cooperative Educational Services
Santa Fe Trail Board of Cooperative Educational Services
South Central Board of Cooperative Educational Services
Southeastern Board of Cooperative Educational Services
Uncompahgre Board of Cooperative Educational Services
Ute Pass Board of Cooperative Educational Services
Vocational Schools
Technical College of the Rockies
Other
Colorado Consortium for Earth and Space Science Education
The Local Government Division shall consist of the following affiliated employers and their employees and any other entity of local government or public agency other than state that elect to affiliate with the Association:
Adams and Jefferson County Hazardous Response Authority
Alamosa Housing Authority
Arapahoe Park and Recreation District
Aurora Housing Authority
Baca Grande Water & Sanitation District
Beulah Waterworks District
Black Hawk-Central City Sanitation District
Blanca-Fort Garland Metropolitan District
Boulder County
Boulder County Public Trustee's Office
Boxelder Sanitation District
Brush Housing Authority
Carbon Valley Park & Recreation District
Castle Pines Metropolitan District
Castle Pines North Metropolitan District
Center Housing Authority
Central Colorado Water Conservancy District
City of Alamosa
City of Boulder
City of Castle Pines
City of Colorado Springs
City of Fort Morgan
City of Las Animas
City of Lone Tree
City of Manitou Springs
City of Pueblo
City of Wray
City of Yuma
Clearview Library District
Collbran Conservancy District
Colorado District Attorneys' Council
Colorado First Conservation District
Colorado Health Facilities Authority
Colorado Housing and Finance Authority
Colorado Library Consortium
Colorado River Fire Protection District
Colorado School District Self-Insurance Pool
Colorado Springs Utilities
Columbine Knolls-Grove Metropolitan Recreation District
Costilla Housing Authority
County Technical Services
Cucharas Sanitation and Water District
Douglas County Housing Partnership
Douglas County Libraries
Durango Fire Protection District
East Cheyenne Groundwater Management District
East Larimer County Water District
Eastern Rio Blanco Metropolitan Recreation & Park District
Eaton Housing Authority
Elbert County Library District
Elizabeth Park and Recreation District
El Paso- Teller County Emergency Telephone Service Authority
Estes Park Housing Authority
Estes Park Local Marketing District
Estes Valley Fire Protection District
Estes Valley Public Library District
Forest Lakes Metropolitan District
Fremont Conservation District
Fremont Sanitation District
Garfield County Housing Authority
Grand Junction Regional Airport Authority
Grand Valley Fire Protection District
Green Mountain Water and Sanitation District
GVR Metropolitan District
Housing Authority of Arriba
Housing Authority of the City of Boulder
Housing Authority of the City of Colorado Springs
Housing Authority of the County of Adams
Housing Authority of the Town of Limon
Lamar Housing Authority
Lamar Utilities Board
Left Hand Water District
Longmont Housing Authority
Longs Peak Water District
Louisville Fire Protection District
Maiker Housing Partners
Meeker Cemetery District
Meeker Regional Library District
Meeker Sanitation District
Montrose Fire Protection District
Montrose Recreation District
Monument Sanitation District
Morgan Conservation District
Morgan County Quality Water District
Mountain View Fire Protection District
Mountain Water and Sanitation District
Niwot Sanitation District
North Carter Lake Water District
North Chaffee County Regional Library
North Front Range Water Quality Planning Association
Northeast Colorado Health Department
Northeastern Colorado Association of Local Governments
Park Center Water District
Pine Drive Water District
Pikes Peak Regional Building Department
Plum Creek Water Reclamation Authority
Pueblo City-County Health Department
Pueblo Library District
Pueblo Transit Authority
Pueblo Urban Renewal Authority
Rampart Regional Library District
Rangely Regional Library District
Red Feather Mountain Library District
Red, White & Blue Fire Protection District
Republican River Water Conservation District
Rifle Fire Protection District
Rio Blanco Fire Protection District
Rio Blanco Water Conservancy District
Routt County Conservation District
Sable-Altura Fire Protection District
San Luis Valley Development Resources Group
San Luis Valley Water Conservancy District
San Miguel County Public Library District
San Miguel Regional and Telluride Housing Authority
Scientific and Cultural Facilities District
Sheridan Sanitation District #1
Soldier Canyon Water Treatment Authority
Southwest La Plata Library District
Statewide Internet Portal Authority
Steamboat II Water and Sanitation District
Strasburg Metropolitan Parks & Recreation District
St. Vrain Sanitation District
Tabernash Meadows Water and Sanitation District
Town of Alma
Town of Bayfield
Town of Crawford
Town of Dinosaur
Town of Eckley
Town of Estes Park
Town of Firestone
Town of Lake City
Town of Lochbuie
Town of Mountain Village
Town of Platteville
Town of Rico Town of Rye
Town of Seibert
Town of Silver Plume
Town of Timnath
Tri-County Health Department
Tri-Lakes Wastewater Treatment Facility
Upper Colorado Environmental Plant Center
Upper Thompson Sanitation District
Washington-Yuma Counties Combined Communications Center
Weld County Department of Public Health and Environment
West Greeley Conservation District
Western Rio Blanco Metropolitan Recreation and Park District
White River Conservation District
Wray Housing Authority
Yuma Housing Authority
The Judicial Division shall consist of judges elected or appointed to positions in the following courts and any court established subsequent to the adoption of the Rules:
1st-22nd District Court
Adams County Cour
t Alamosa County Court
Arapahoe County Court
Archuleta County Court
Baca County Court
Bent County Court
Boulder County Court
Broomfield County Court
Chaffee County Court
Cheyenne County Court
Clear Creek County Court
Conejos County Court
Costilla County Court
Court of Appeals
Crowley County Court
Custer County Court
Delta County Court
Denver County Court
Denver Juvenile Court
Denver Probate Court
Dolores County Court
Douglas County Court
Eagle County Court
Elbert County Court
El Paso County Court
Fremont County Court
Garfield County Court
Gilpin County Court
Grand County Court
Gunnison County Court
Hinsdale County Court
Huerfano County Court
Jackson County Court
Jefferson County Court
Kiowa County Court
Kit Carson County Court
Lake County Court
La Plata County Court
Larimer County Court
Las Animas County Court
Lincoln County Court
Logan County Court
Mesa County Court
Mineral County Court
Moffat County Court
Montezuma County Court
Montrose County Court
Morgan County Court
Otero County Court
Ouray County Court
Park County Court
Phillips County Court
Pitkin County Court
Prowers County Court
Pueblo County Court
Rio Blanco County Court
Rio Grande County Court
Routt County Court
Saguache County Court
San Juan County Court
San Miguel County Court
Sedgwick County Court
Summit County Court
Supreme Court
Teller County Court
Washington County Court
Weld County Court
Yuma County Court
A written request for an initial decision by the Executive Director must be received by the Association within 90 days after the date on which the staff decision is mailed. The staff decision shall be sent by certified mail.
A written request for administrative hearing, including specifics, must be received by the Association within 45 days after the date on which the notice of the initial decision is mailed. The initial decision shall be made by PERA's Executive Director or the Executive Director's designee, and written notice of the initial decision shall be sent by certified mail.
The person for whom the hearing is being conducted or their attorney, if represented, and the person representing the PERA administration will be notified by certified mail and first class mail of the time, date and place of the hearing no less than 45 days prior to the date of the hearing.
The person who requested the hearing shall bear the burden of proof by a preponderance of the evidence at the hearing.
Upon request of either party, the Board Chair at his or her discretion may direct consolidation of executive director initial decisions and/or administrative hearings in appropriate circumstances. The party requesting consolidation must make such request in writing no later than 30 days after the deadline for a written request for executive director initial decision or administrative hearing is due pursuant to Rule 2.20 A or B. Within 10 days of such a request, the other party may submit a written response stating that party's position regarding consolidation.
The Panel shall consist of three Board members appointed by the Chair.
The Panel shall hear and consider the evidence and then shall issue written findings of fact, conclusions of law, and the decision. After thirty days from the date the Panel's decision is mailed, the Panel's decision shall constitute final administrative action appealable under Colorado Rule of Civil Procedure 106(a)(4) unless either party chooses to appeal the decision to the PERA Board pursuant to subparagraph (3) below. Written notice of the Panel's decision shall be sent by certified mail to each person who requested the hearing or to their attorney, if represented, and to the person representing the PERA administration.
Board election shall be held according to procedures approved by the Board. All returned ballots must be postmarked or otherwise submitted no later than May 31 of the election year.
In situations in which an individual is a member and/or retiree of multiple divisions, the following provisions shall apply to determine in which Board election the individual is eligible to vote or to become a candidate for election to the Board:
Members and retirees elected or appointed to the Board shall assume office at the first regular Board meeting held after July 1 of the year in which they were elected, or at the first regular meeting following certification of election or appointment, whichever is later.
The Board shall, by secret ballot, elect from among its members a Chair and Vice Chair, each to serve for terms of two years. When elections are required, they shall take place at the last regular meeting held in the calendar year, and the newly elected Chair and Vice Chair shall assume office as of the next regular meeting. No member may serve continuously as Chair for more than two consecutive terms. All officers shall be elected by a majority of those present and voting.
Members of standing committees of the Board shall be recommended by the Chair and subject to approval by the Board.
A general meeting of the Association may be called by the Board at any time and shall be called upon receipt of a petition signed by not less than 3 percent of the Association's membership.
Notice of a general meeting shall be mailed to each member not less than 10 days prior to the meeting, and shall state the time, place, and purpose of the meeting. Only matters which have been specified in the purpose of the meeting shall be considered. No proxy voting shall be permitted.
The funding method used by the Association shall be the entry age actuarial cost method.
The asset valuation method used by the Association shall be a "smoothed" market value of assets. The difference between actual market value actuarial gains from investment experience and the expected actuarial gains from investment experience is recognized over a four-year period.
The actuarial investment assumption rate is 7.25 percent per year compounded annually, which is net after investment expenses.
Other actuarial assumptions set by the Board include the mortality table, and the probabilities of age and service retirement, withdrawal from service, disability, and death-in-service. These assumptions shall be set forth in the Association's Comprehensive Annual Financial Report, and, upon approval of the Report by the Board, such actuarial factors shall become part of the actuarial assumptions under Rule 2.90.
The actuarial investment assumption rate and the mortality table shall be used in the actuarial determination of money purchase retirement benefits.
If a member or retiree's named beneficiary, cobeneficiary, or other survivor does not survive the member or retiree by one hundred twenty hours, that person is deemed to have predeceased the member or retiree for purposes of the benefits provided under Article 51 of Title 24, C.R.S. If it is not established by clear and convincing evidence that the individual survived the member or retiree by one hundred twenty hours, it is deemed that the individual failed to survive for the required period. This Rule applies only to individuals born prior to the death of the member or retiree.
The designation of a beneficiary under the defined contribution plan, 401 (k) plan, 457 plan, or life insurance program, or of a cobeneficiary, co-annuitant, or named beneficiary under the defined benefit plan, is not subject to revocation pursuant to 15-11-804, C.R.S., as amended.
Notes
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