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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0424.01 GWF HOUSE BILL 98­1143

STATE OF COLORADO

BY REPRESENTATIVES Spradley, Dyer, Epps, George, S. Johnson, Keller, Lawrence, and May;

also SENATORS Arnold, Bishop, and Pascoe.

REREVISED

FINANCE

A BILL FOR AN ACT

CONCERNING THE ELIGIBILITY REQUIREMENTS FOR CHILDREN TO BE ENROLLED IN THE HEALTH CARE PROGRAM SPONSORED BY THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Provides that dependents, as defined in the "Colorado Health Care Coverage Act", and qualified children, as defined by rules adopted by the board of the public employees' retirement association (PERA), shall be eligible to participate in PERA's health care program.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  24­51­101 (37), Colorado Revised Statutes, is amended to read:

24­51­101.  Definitions.  As used in this article, unless the context otherwise requires:

(37)  "Qualified children" means natural or adopted children of a member who are unmarried and under eighteen years of age or who are unmarried and eighteen years of age or older but under twenty­three years of age if enrolled full time in an accredited school within six months after the date of death of such member. "Qualified children" includes any children who become mentally or physically incapacitated prior to attaining such age or marital status which precludes them from obtaining gainful employment, and such children shall continue to be considered qualified children so long as such disability continues. and "qualified children" also includes, for purposes of eligibility to enroll in the health care program pursuant to section 24­51­1204 (1) (a), children who are not natural or adopted children of the benefit recipient but who otherwise meet all the other conditions of this subsection (37), reside full time with the benefit recipient, and are dependents of the benefit recipient for federal income tax purposes.

SECTION 2.  24­51­1204 (1) (a), Colorado Revised Statutes, is amended to read:

24­51­1204.  Health care program ­ eligibility. (1)  The following persons are eligible to enroll in the health care program:

(a)  All benefit recipients, and their dependents, INCLUDING ANY DEPENDENT, AS DEFINED IN SECTION 10­16­102 (14), C.R.S., ANY UNMARRIED CHILDREN WHO ARE NOT NATURAL OR ADOPTED CHILDREN OF THE BENEFIT RECIPIENT BUT WHO RESIDE FULL TIME WITH THE BENEFIT RECIPIENT, ARE DEPENDENTS OF THE BENEFIT RECIPIENT FOR FEDERAL INCOME TAX PURPOSES, AND MEET THE AGE REQUIREMENTS OF SECTION 10-16-102 (14), C.R.S., AND ANY QUALIFIED CHILDREN AS DEFINED IN THE RULES ADOPTED BY THE BOARD.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.