1. (1) Any eligible employee shall elect, within sixty days of commencing employment, either to become a member of the association's defined benefit plan or the association's defined contribution plan. If an employee does not make such election within the sixty-day period, the employee shall become a member of the association's defined benefit plan. The employer is solely responsible for ensuring that an eligible employee pursuant to this section is given the opportunity to elect to become either a member of the defined benefit plan or the defined contribution plan.

2. (2)

   1. (a) Repealed.
   2. (b) An employee who is covered by a defined contribution plan pursuant to article 54.6 of this title or who is an employee of any state college or university as defined in section 24-54.5-102 (7), any institution under the control of the board of regents of the university of Colorado, or an institution governed pursuant to part 5 of article 21 of title 23, C.R.S., shall not be eligible to make the election pursuant to subsection (1) of this section.
3. (3) Repealed.

Source: L. 2004: Entire part added, p. 1947, § 23, effective January 1, 2006. L. 2005: (1) and (2)(a) amended, p. 210, § 1, effective April 7; (2)(a) amended, p. 902, § 4, effective June 2. L. 2006: Entire section amended, p. 1188, § 24, effective January 1, 2008. L. 2007: Entire section amended, p. 2011, § 2, effective January 1, 2008. L. 2009: (1) and (2)(a) amended and (3) added, (SB 09-066), ch. 73, p. 250, § 6, effective March 31. L. 2018: (2)(a) amended and (3) repealed, (SB 18-200), ch. 370, p. 2257, § 23, effective June 4. L. 2025: (1) amended and (2)(a) repealed, (SB 25-275), ch. 377, pp. 2070, 2109, §§ 182, 336, effective August 6.

Editor's note: Subsection (2)(a) was relocated to § 24-51-1500.3 in 2025.

Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.