As used in this article 51, unless the context otherwise requires and except as otherwise defined in part 17 of this article 51:
(6.5) "Base benefit" means the initial benefit for a benefit that becomes effective after March 1, 2009. For a benefit that became effective on or before March 1, 2009, "base benefit" means the total benefit payable as of June 30, 2010, including the sum of the initial benefit, accumulated annual increases, and cost of living increases.
(13.5) "Deferred compensation plan" means an eligible deferred compensation plan established and administered pursuant to the provisions of 26 U.S.C. sec. 457 (b), as amended.
(18.2) "DPS" means Denver public schools.
(18.3) "DPS member" means any person who has an existing member account in the DPS plan on December 31, 2009, or has an existing member account based on service performed prior to January 1, 2010, for which such member received compensation on or after January 1, 2010.
(18.5) "DPS plan" means the Denver public schools retirement system retirement and benefit plan enacted by the Denver public schools board of education pursuant to section 22-64-202, C.R.S., and governed by article 64 of title 22 and related plan documents, as amended, from inception to the repeal of said article. After May 21, 2009, the DPS plan may be amended solely for the purposes of complying with the federal "Internal Revenue Code of 1986", as amended, and such amendments shall be included in the DPS plan.
(18.7) "DPS retiree" means a person who is receiving a service retirement or disability benefit from the association pursuant to part 17 of this article.
(21.5) "Erroneous contribution" means an amount contributed in error to a member contribution account based on compensation that is not salary as defined in subsection (42) of this section.
(28.5) "Matching employer contributions" means:
(34.5) "Portability" means the provisions of section 24-51-1747.
(46.5) "Supplemental needs trust" means a valid third-party special needs trust established for a member's or retiree's child as the beneficiary of the trust that complies with the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S., and the federal "Social Security Act", as amended. The department of health care policy and financing shall review any trust established during the determination or redetermination of an individual's eligibility for medical assistance and specifically as to the effect of any trust on such eligibility for medical assistance. The trust must be for the benefit of a single beneficiary and must be coterminous with the lifetime of such beneficiary.
Source: L. 87: Entire article R&RE, p. 1041, § 1, effective July 1. L. 88: (10)(a) amended, p. 958, § 1, effective April 20. L. 90: (11) repealed and (16) and (17) amended, pp. 1249, 1247, §§ 11, 3, effective April 5; (37) amended, p. 1256, § 1, effective April 12. L. 91: (27), (29), (39), and (40) amended, p. 873, § 1, effective July 1. L. 91, 2nd Ex. Sess.: (28), (31), and (45) amended, p. 70, § 1, effective October 11. L. 93: (6.5) added, p. 478, § 5, effective March 1, 1994. L. 95: (21.5) added, p. 518, § 1, effective May 16; (28)(b) amended, p. 556, § 15, effective May 22; (21) and (30) amended, p. 1104, § 40, effective May 31; (7), (8), (22), (28)(c), and (45) amended and (28.5) added, p. 551, § 1, effective July 1; (25)(a)(I), (35), and (43) amended, p. 262, § 1, effective July 1. L. 96: (20) amended, p. 667, § 2, effective May 2. L. 97: (18) amended and (25)(a)(IV) added, pp. 770, 771, §§ 2, 3, effective July 1; (16) and (17) amended, p. 770, § 1, effective January 1, 1999; (38)(b) added by revision, pp. 771, 783, §§ 4, 20. L. 98: (37) amended, p. 128, § 1, effective March 27. L. 2000: (6.5) and (12) amended, p. 779, § 2, effective March 1, 2001. L. 2003: (25)(d) added, p. 1507, § 1, effective May 1; (20) amended, p. 2607, § 1, effective June 5; (20) amended, p. 2657, § 2, effective June 5. L. 2004: (28)(c) amended, p. 695, § 1, effective July 1; (42) amended, p. 765, § 4, effective July 1; (18) amended, p. 1938, § 2, effective January 1, 2006. L. 2005: (20) amended, p. 527, § 4, effective May 24. L. 2006: (25)(b) amended, p. 1173, § 1, effective May 25. L. 2007: (20) amended, p. 2073, § 1, effective June 1. L. 2009: (13.5) added, (SB 09-066), ch. 73, p. 255, § 14, effective March 31; (18.2), (18.3), (18.5), and (18.7) added, (SB 09-282), ch. 288, p. 1331, § 1, effective May 21; IP, (18), (20), (29), and (42) amended and (34.5) added, (SB 09-282), ch. 288, p. 1331, § 1, effective January 1, 2010. L. 2010: (6.5) amended, (SB 10-001), ch. 2, p. 4, § 1, effective February 23; (20) amended, (HB 10-1422), ch. 419, p. 2086, § 71, effective August 11; (25)(b)(V) and (53) added and (30) amended, (SB 10-001), ch. 2, pp. 5, 4, §§ 2, 1, effective January 1, 2011. L. 2015: (10) amended and (46.5) added, (SB 15-097), ch. 111, p. 325, § 2, effective April 16. L. 2018: IP, (25)(a), (25)(b)(V), (42)(a), (42)(b), and (46) amended and (25)(b)(VI) and (25)(b)(VII) added, (SB 18-200), ch. 370, p. 2234, § 2, effective June 4. L. 2020: (46) amended, (SB 20-057), ch. 143, p. 622, § 3, effective June 29.
Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Subsection (38)(b) provided for the repeal of subsection (38), effective January 1, 1999. (See L. 97, pp. 771, 783.)
(3) Amendments to subsection (20) by Senate Bill 03-250 and Senate Bill 03-098 were harmonized.
Cross references: (1) For the legislative declaration in SB 15-097, see section 1 of chapter 111, Session Laws of Colorado 2015.
(2) For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.