NOTE: The governor signed this measure on 5/24/2013.
      
      
      SENATE BILL 13-240
      
      
      BY SENATOR(S) Tochtrop;
      also REPRESENTATIVE(S) Exum, Fields, Ginal, Hamner, Hullinghorst,
      Lee, Moreno, Ryden, Williams, Young.
      
      
      Concerning voting requirements for approval of modifications to
           the statewide defined benefit plan administered by the fire
           and police pension association.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 31-31-408, amend (1)
      (d), (1) (e), (1.5) (a) (III), and (1.5) (a) (IV) as follows:
      
           31-31-408.  Modification of state plan by the board.
      (1)  Notwithstanding any other provision of this part 4, and in addition to
      the authority granted in part 2 of this article, the board may modify the
      pension benefits and the age and service requirements for pension benefits
      set forth in this part 4 with respect to the members of the statewide defined
      benefit plan if:
      
           (d)  The modification is approved by sixty-five percent of the active
      members of the plan who vote in the election proposing the
      modification;
      
           (e)  The modification is approved by more than fifty percent of the
      employers having active members covered by the plan who vote in the
      election proposing the modification, each employer to be assigned one
      vote; except that employers having both active police and fire members in
      the plan shall be assigned two votes; and
      
           (1.5) (a)  Notwithstanding any other provision of this part 4, the
      board may increase the member contribution rate above the rate established
      pursuant to section 31-31-402 with respect to the members of the statewide
      defined benefit plan if the increase:
      
           (III)  Is approved by sixty-five percent of the active members of the
      plan who vote in the election proposing an increase in the member
      contribution rate; and
      
           (IV)  Is approved by more than fifty percent of the employers having
      active members covered by the plan who vote in the election proposing
      an increase in the member contribution rate, each employer to be
      assigned one vote; except that employers having both active police and fire
      members in the plan shall be assigned two votes.
      
           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
      7, 2013, if adjournment sine die is on May 8, 2013); 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 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO