This bill outlines new rules for the Colorado Public Employees' Retirement Association (PERA) benefits when a member or retiree is convicted of a sex crime. Here’s what it means:
Forfeiture of PERA Benefits: Starting January 1, 2026, any PERA member or retiree convicted of a sex crime (after all appeals are exhausted) will lose their retirement benefits. This includes pensions and other retirement payments.
No Refund of Contributions: The convicted individual also loses the right to refund their own contributions and any matching contributions made by their employer.
Sexual Assault Survivors' Cash Fund: The money that would have gone to the convicted person’s retirement benefits will be transferred to a new fund designed to support survivors of sexual assault.
Grant Program for Survivors: The Department of Corrections will administer a grant program using the fund to help survivors of sex crimes pay for necessary medical and mental health services.
Protections for Innocent Parties:
The bill ensures that any member or retiree facing forfeiture is given proper notice and a fair hearing in district court.
It also protects the rights of spouses or former spouses who are legally entitled to a share of the retiree’s benefits, ensuring their portion is not affected by the forfeiture.
In essence, this bill aims to hold public employees accountable for serious crimes while providing financial support to survivors of sexual assault. It also ensures that due process is followed and protects the rights of innocent parties who might be impacted.
Summary
Effective January 1, 2026, the bill requires a member or retiree of
the public employees' retirement association (PERA) who has been convicted of a sex crime and exhausted all appellate review for such a conviction to forfeit their PERA benefits and requires a PERA member to forfeit the option to refund their member contributions and matching employer contributions. The bill creates the sexual assault survivors' cash fund (fund) and requires PERA to transfer an amount of money equal to the forfeited benefits to the fund. The bill also creates the sexual assault survivors' grant program in the department of corrections to provide grants to survivors of a sex crime to use for necessary medical and mental health resources.
The bill requires a district court to provide for the rights of
innocent persons including, but not limited to, providing the member or retiree adequate notice of a forfeiture proceeding and holding a hearing to provide the member or retiree a fair opportunity to defend their entitlement. The bill forbids a district court from including in the judgement or order to the association any forfeited retirement benefit to which a spouse or former spouse of the defendant is entitled under law or as determined by a court order.
