SB 151 — Modify Public Employees Retirement Association Allowed Affiliation and Board of Trustees

NOTE:SENATE BILL 26-151 BYSENATOR(S)KolkerandGonzalesJ., Cutter,Jodeh,Kipp,Marchman, Coleman;

ThisalsoREPRESENTATIVE(S) billBaconandLukens, hasClifford, beenDuran, preparedEnglish, forGoldstein, theHamrick, signaturesLieder, ofNguyen, thePhillips, appropriateRutinel, legislativeRydin, officersSmith, andStewart theK., Governor.Titone, McCluskie.

ToCONCERNING determineMODIFICATIONS whetherTO theTHE GovernorPUBLIC hasEMPLOYEES' signedRETIREMENT theASSOCIATION. bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

SENATEBe BILLit 26-151enacted BYSENATOR(S)KolkerandGonzalesJ.,Cutter,Jodeh,Kipp,Marchman,by Coleman;the GeneralAssembly ofthe State ofColorado:

alsoREPRESENTATIVE(S)BaconandLukens,Clifford,Duran,English,SECTION Goldstein,1. Hamrick, Lieder, Nguyen, Phillips, Rutinel, Rydin, Smith, Stewart K., Titone, McCluskie.

CIn ONCERNINGColorado MODIFICATIONSRevised TOStatutes, THE24-51-2amend PUBLIC(1) EMPLOYEESintroductory 'RETIREMENTportiorepeal ASSOCIATION(1.5); .

Beand itadd enacted(l)(h) byas thefollows: General Assembly of the State of Colorado:

SECTION1.

In ColoradoRevisedStatutes,24-51-203,amend(1) introductory portion;

repeal (1.5);

and add (1)(h) as follows:

(1) The board consists ofofthe thefollowififteenSIXTEENtrustees: following fifteenEEN trustees:

(h) ONE TRUSTEE ELECTED BY THE DDENVER ENVER PUBLIC SCHOOLS DIVISIONTHROUGHADIVISIONTHROUGHADENVERPUBLICSCHOOLS DENVERPUBLICSCHOOLSELECTIONADMINISTEREDBYELECTION ADMINISTEREDBY THE ASSOCIATIONASSOCIATION. .

HETHE TRUSTEE POSITION CREATED ININTHIS THIS SUBSECTION (1)(h)EXISTS SOSOLONG LONG AS THE DENVER PUBLICPUBLICSCHOOLS SCHOOLS DIVISION REMAINS ________ Capital letters or&ritalic bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

AS A SEPARATE DIVISION OF THE ASSOCIATIONASSOCIATION. .

THE TRUSTEE ELECTED PURSUANT TO THIS SUBSECTION (1)(h)MUST BE A MEMBER OR RETIREE OF THE DDENVER ENVER PUBLIC SCHOOLS DIVISIONDIVISION. .

EFFECTIVE JUNE 1, 2026, THE TRUSTEE ELECTED PURSUANT TO THIS SUBSECTION (1)(h)( 1 )(h) IS A VOTING MEMBER OF THE BOARDBOARD. .

(1.5) In addition to the board members specified in subsection (1) ofofthis thissection,thereshallbeoneexofficioboardmemberfromtheDenversection, publicschoolsdivision.Theexofficioboardmembershallbeelectedbythethere Denvershall publicbe schoolsone divisionex throughofficio aboard Denver public schools division member electionfrnm administeredthe byDenvet thepublicschools association.division.

The Denverexofficioboatdmember shallbeelectedby the Den\Jet public schools division exthrough officioa member position exists so long as the Denver public schools division remainsmember aselection aadministered separateby division of the association.

The Denver public schools division ex officio member shallposition beexists aso memberlong oras retiree of the DenverDen\Jet public schools division andtemains shallas bea treatedseparate likedi"ision all other members of the board,association. subject to the following:

(a) The Denver public schools di"ision ex officio member maysitshall withbe thea boardmember andor participateretiree inofthe discussionsDenver ofpublic agendaschools items,division butand shall not be allowedtreated tolike voteall onother anymattermembers comingofthe before the board or any committee of the board, orsubject to make any motion regarding any matter before the boardfollowing. or any committee of the board;

(a) The ex officio member may sit with the board and participate in discussions ofagenda items, but shall not be allowed to vote on any matter coming before the board or any committee of the boatd, or to make any motion regarding any matter before the board or any committee of the board, (b) The ex officio member may be reimbursed for his or her actual and necessary expenses incurredincuned in the execution ofofhis his or her duties as an ex officio member of the board,boatd, subject to the same requirementsIequirements and restrictionsasapplytoreimbursementofrestrictions expensesofas statutorymembersapply to reimbursement ofexpenses ofstatutory members of the board;board, (c) The ex officio member's fiduciary obligations and responsibilities shall be the same as any other board member, shall flow to the entire association membership, and are not limited to those of the Denver public schools di"ision, (d) The ex officio member shall be provided the same board and committeemeetingmaterials as areptovidedto other members ofthe board, including any information that may be deemed confidential, (e) The ex officio member shall be allowed to participate in or attend executive or closed sessions ofthe board or ofany committee ofthe PA G E 2-SENATE BILL 26-151 board subjeet to all assoeiation board Iules, Iegulations, and polieies, ineluding, but not limited to, eonfidentialicy and eonfliet ofinterest, (f) The ex offieio member ma, not be elected as an offieer of the board, (g) At the request ofthe ex offieio member, the ehait ofthe board ma, appoirrtthe ex offieiomember as an ex offieio member ofany standing committee ofthe board, (h) The exoffieiomember shall be allowed to attend and partieipate in any open meeting discussion at any board or committee meeting, and (i) The ex offieio membet shall observe all mks, tegulations, and polieies applicable to nrembets of the board and any other conditions, Iesttietions, ot tequitements established or diteeteby vote ofamajoricy of the membets ofthe bmud.

(c) The ex officio member's fiduciary obligations and responsibilities shall be the same as anyother board member, shall flow to the entire association membership, and are not limited to those of the Denver public schools division;

(d) The ex officio member shall be provided the same board and committeemeetingmaterialsasareprovidedtoothermembersoftheboard, including any information that may be deemed confidential;

(e) The ex officio member shall be allowed to participate in or attend executive or closed sessions of the board or of anycommittee of the PAGE 2-SENATE BILL 26-151 board subject to all association board rules, regulations, and policies, including, but not limited to, confidentiality and conflict of interest;

(f) The ex officio member may not be elected as an officer of the board;

(g) At the request of the ex officio member, the chair of the board mayappointtheexofficiomemberasanexofficiomemberofanystanding committee of the board;

(h) Theexofficiomembershallbeallowedtoattendandparticipate in any open meeting discussion at any board or committee meeting;

and (i) The ex officio member shall observe all rules, regulations, and policies applicable to members of the board and any other conditions, restrictions,orrequirementsestablishedordirectedbyvoteofamajorityof the members of the board.

Except as otherwise provided in section 24-51-320, any political subdivisionwithinthestateofColoradooranypublicagencycreatedbythesubdivisionwithinthe state ofColorado oranypublicagency created bythe state or any ofofits its political subdivisions maymakemay make application to the board toaffiliatewiththeassociation.Anysuchentityspecifiedinthissectionthat previously exempted its employees from membership in the association may, byordinance or resolution, applyto the board to beaffiliatewiththeassociation. affiliated with the association.

AllAnysuchentityspecified applicationsinthis shallsectionthat beEpreviously subjectexempted toits approvalemployees bythefrom board,membership andin upon approval the benefits,association duties,may, andby responsibilitiesordinance oforresolution, employersapply andto members shall begin from the dateboard ofto affiliationbe affiliated with the association.

TheAll Denverapplications public schools division shall includebARE chartersubject schoolsto thatapproval participateby in the DPSboard, plan prior to January1, 2010, and anyfutureupon charterapproval schoolsthe thatbenefits, areduties, approvedand bytheresponsibilities Denver public schools board of educationemployers and thatmembers entershall intobegin afrom charterthe contractdate ofaffiliation with the Denverassociation. public schools board of education on or after January 1, 2010.

The'fhe boardDenvet shallpublie notsehools allowdivision affiliationshall intoinelude theehartet Denver public schools divisionthat ofpartieipate anyin employer not approved by the DenverDPS publicplan schoolsptiot boardto ofJanuary education1, T2010, HEand Dany ENVERfuture PUBLICchartet SCHOOLSsehools DIVISIONthat INCLUDESate Dapptoved ENVERby SCHOOLthe OFDenvet SCIENCEpublic ANDschools PAGEboard 3-SENATEofedueation BILLand 26-151that TECHNOLOGYCHARTERSCHOOLSentet ,ANYCHARTERSCHOOLSTHATCONTRACTinto WITHa THEehartet DENVERcontraet PUBLICwith SCHOOLSthe BOARDDenver OFpublic EDUCATIONschools ,ANDboard ANYof FUTUREedueation CHARTERott SCHOOLSor THATafter AREJanuary APPROVED1, BY2010. THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION AND THAT ENTER INTO A CHARTER CONTRACT WITH THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION .

The board shall not allow affiliation into the Den\!er public sehools division of any employer not approved by the Den\leI public sehools board of edueation THE DENVER PUBLIC SCHOOLS DIVISION INCLUDES DENVER SCHOOL OF SCIENCE AND PAGE 3-SENATE BILL 26-151 TECHNOLOGYCHARTERSCHOOLS,ANYCHARTERSCHOOLSTHATCONTRACT WITH THE DENVER PUBLIC SCHOOLS BOARD OF EDUCATION, AND ANY FUTURECHARTERSCHOOLSTHATAREAPPROVEDBYTHEDENVERPUBLIC SCHOOLS BOARD OF EDUCATION AND THAT ENTER INTO A CHARTER CONTRACTWITHTHEDENVERPUBLICSCHOOLSBOARDOFEDUCATION.

(2) (d) (I) EEPTEXCEPTASPROVIDEDINSUBSECTION(2)(d)(II) ASOFTHIS PROVIDEDSECTION, IN SUBSECTION (2)(d)(IOF THIS SECTION , members employed by a public entity affiliated with the association pursuant to section 24-51-309 may purchase service credit for years employed by the entity without limit, if the purchase is completed before the member terminates employment with the entity, and any such purchase for years employed by the entity in excess of ten years is completedorinstallmentpaymentsinitiatedwithinthreeyearsafterthedatecompletedorinstallmentpayments initiatedwithinthreeyears afterthedate the employer affiliates with the association or November 1, 2006, whichever is later.

(II)(II)A AMEMBERMEMBER EMPLOYED BY A DDENVER ENVER SCHOOL OF SCIENCE AND TECHNOLOGYCHARTERSCHOOLTHATISAFFILIATEDWITHTHEASSOCIATIONTECHNOLOGYCHARTERSCHOOLTHATISAFFILIATEDWITH THEASSOCIATION PURSUANT TO SECTION 24-51-309 MAY PURCHASE SERVICE CREDIT FOR YEARS EMPLOYED BY THE CHARTER SCHOOL WITHOUT LIMIT IF THE PURCHASE ISISCOMPLETED COMPLETED BEFORE THE MEMBERMEMBERTERMINATES TERMINATES EMPLOYMENT WITH THE CHARTER SCHOOL AND ANY SUCH PURCHASE FOR YEARS EMPLOYEDBYTHECHARTERSCHOOLINEXCESSOFTENYEARSISCOMPLETED OR INSTALLMENT PAYMENTS ARE INITIATED WITHIN THREE YEARS AFTER JULY 1,1,2026. 2026.

In Colorado Revised Statutes, 24-51-1747, amend (1)(k)(l)(k) as follows:

Portability between the Denver public schools divisionandtheotherfourdivisionswithintheassociation-definitions.division and theotherfourdivisionswithintheassociation-definitions.

PAGE 4-SENATE BILL 26-151 (k) "Denver public school district charter school" means a charter school that was approved beforebefure January 1, 2010, by the Denver public school districtdisttiet boardboatd of education and that has employees participating in the Denver public schools retirement system beforebefute January 1, 2010, and thatiscertifiedasaDenverpublicschooldistrictcharterschool.atthetimethat ofis mergercertified "Denveras publicaDenverpublic school district chartercharterschool. school" also means a charterschoolapprovedbytheDenverpublicschoolboardofeducation.on or after January 1, 2010 A Denver public school district charter school is considered an employer within the Denver public schools division.