(1) There is hereby created the public employees' retirement association, for the purpose of providing the benefits and programs specified in this article, which shall be a body corporate with the right to sue and be sued and the right to hold property for its use and purposes. Notwithstanding the applicability of article 54.8 of this title and sections 2-3-103, 24-4-103, 24-6-202, and 24-6-402, C.R.S., as provided for in this article, the association shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state. The association is an instrumentality of the state.
(2) The public employees' retirement association, created pursuant to the provisions of subsection (1) of this section, shall consist of the following divisions:
(a) The state division; (a.5) The school division;
(b) (Deleted by amendment, L. 97, p. 771, § 5, effective July 1, 1997.)
(c) The local government division;
(d) The judicial division; and
(e) The Denver public schools division.
Source: L. 87: Entire article R&RE, p. 1046, § 1, effective July 1. L. 97: (2) amended, p. 771, § 5, effective July 1. L. 2004: (2) amended, p. 1939, § 3, effective January 1, 2006. L. 2007: (1) amended, p. 577, § 2, effective April 19. L. 2009: (2)(c) and (2)(d) amended and (2)(e) added, (SB 09-282), ch. 288, p. 1333, § 2, effective January 1, 2010.
Editor's note: This section is similar to former § 24-51-102 as it existed prior to 1987.
Cross references: For the provisions that designate the public employees' retirement association as a "special purpose authority" for purposes of section 20 of article X of the Colorado constitution, see § 24-77-102 (15).
Notes of Decisions
Justus v. State of Colorado, 2014 CO 75 (Colo. 2014).
· cites it 4× “4 § 24-51-201(2), C.R.S. (2014). ¶7      PERA is pre-funded by working members and their employers, whose contributions are fixed by statute.”
Moran v. Stand. Ins. Co., 187 P.3d 1162 (Colo. Ct. App. 2008).
· cites it 2× “As such, Standard argues that because PERA is an instrumentality of the state, see § 24-51-201(1), C.R.S.2007, and is considered a public entity under the CGIA, see § 24-10-108(5), C.”
Justus v. State, 337 P.3d 1219 (Colo. Ct. App. 2012).
· cites it 2× “§ 24-51-201(2), C.R.S.2012. It is funded by contributions from participating governmental employees and their employers.”
Hurricane v. Pub. Employees' Ret. Ass'n of Colorado, 780 P.2d 3 (Colo. Ct. App. 1989).
· cites it 5× “It is run by a Board of Trustees, *5 § 24-51-201, C.R.S. (1988 Repl. vol. 10B), which has authority, inter alia, to determine the status of members of the Association.”
Lawless v. Stand. Ins. Co., 338 P.3d 398 (Colo. Ct. App. 2013).
“See §§ 24-51-201, - 202, C.R.S.2018. The General Assembly repealed and reenacted the PERA statutes in 1997, effective January 1, 1999, to require that PERA provide both short-term disability and disability retirement benefits to eligible state employees.”
McInerney v. Pub. Employees' Ret. Ass'n, 976 P.2d 348 (Colo. Ct. App. 1998).
“See §§24-51-201 and 24-51-202, C.R.S.1998. Eligible state employees and employers make periodic contributions to PERA as a term and condition of employment.”
Dep't of Human Servs. v. State Pers. Bd., 371 P.3d 748 (Colo. Ct. App. 2016).
· cites it 2× “See § 24-51-704, C.R.98.2015. PERA, not DHS, is the instrumentality of Colorado responsible for administering retirement and disability benefits on behalf of eligible state employees, like Brown.”
Adams v. PERA (Colo. Ct. App. 2025).
“Further, PERA points out that it is an instrumentality of the state, see § 24-51-201(1), and not a state agency; thus, its rulemaking authority is restricted only by section 24-4-103 of the APA because section 24-51-204(5) specifically commands so.”
— Colo. Rev. Stat. § 24-51-201(1) — 4 cases
Moran v. Stand. Ins. Co., 187 P.3d 1162 (Colo. Ct. App. 2008).
“As such, Standard argues that because PERA is an instrumentality of the state, see § 24-51-201(1), C.R.S.2007, and is considered a public entity under the CGIA, see § 24-10-108(5), C.”
Hurricane v. Pub. Employees' Ret. Ass'n of Colorado, 780 P.2d 3 (Colo. Ct. App. 1989).
“It is run by a Board of Trustees, *5 § 24-51-201, C.R.S. (1988 Repl. vol. 10B), which has authority, inter alia, to determine the status of members of the Association.”
Adams v. PERA (Colo. Ct. App. 2025).
“Further, PERA points out that it is an instrumentality of the state, see § 24-51-201(1), and not a state agency; thus, its rulemaking authority is restricted only by section 24-4-103 of the APA because section 24-51-204(5) specifically commands so.”
— Colo. Rev. Stat. § 24-51-201(2) — 2 cases
Justus v. State of Colorado, 2014 CO 75 (Colo. 2014).
“4 § 24-51-201(2), C.R.S. (2014). ¶7      PERA is pre-funded by working members and their employers, whose contributions are fixed by statute.”
Justus v. State, 337 P.3d 1219 (Colo. Ct. App. 2012).
“§ 24-51-201(2), C.R.S.2012. It is funded by contributions from participating governmental employees and their employers.”
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