NOTE: The governor signed this measure on 4/1/2016. HOUSE BILL 16-1038 BY REPRESENTATIVE(S) Melton and Salazar, Lontine, Ginal, Court, Duran, Esgar, Fields, Kagan, Rosenthal, Roupe, Williams, Winter; also SENATOR(S) Jones, Aguilar, Baumgardner, Crowder, Donovan, Garcia, Guzman, Heath, Johnston, Kefalas, Kerr, Merrifield, Newell, Scott, Todd. Concerning optional affiliation with the fire and police pension association by a county sheriff department that does not participate in social security. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 31-31-708 as follows: 31-31-708. Optional affiliation by county sheriff. Any county that does not cover, under the federal "Social Security Act", as amended, salaried employees whose duties are directly involved with the provision of law enforcement or fire protection as certified by the county may elect coverage under the statewide defined benefit plan established in part 4 of this article and the statewide death and disability plan established in part 8 of this article by filing a resolution of affiliation with the board. Election of coverage under the plan is irrevocable. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ________________________________________________________ Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Effie Ameen CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO