A Bill for an Act
Page 1, Line 101Concerning the forfeiture of public employees' retirement
Page 1, Line 102association benefits by convicted sex offenders, and, in
Page 1, Line 103connection therewith, creating the sexual assault
Page 1, Line 104survivors' cash fund.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Effective January 1, 2026, the bill requires a member or retiree of the public employees' retirement association (PERA) who has been convicted of a sex crime and exhausted all appellate review for such a conviction to forfeit their PERA benefits and requires a PERA member to forfeit the option to refund their member contributions and matching employer contributions. The bill creates the sexual assault survivors' cash fund (fund) and requires PERA to transfer an amount of money equal to the forfeited benefits to the fund. The bill also creates the sexual assault survivors' grant program in the department of corrections to provide grants to survivors of a sex crime to use for necessary medical and mental health resources.
The bill requires a district court to provide for the rights of innocent persons including, but not limited to, providing the member or retiree adequate notice of a forfeiture proceeding and holding a hearing to provide the member or retiree a fair opportunity to defend their entitlement. The bill forbids a district court from including in the judgement or order to the association any forfeited retirement benefit to which a spouse or former spouse of the defendant is entitled under law or as determined by a court order.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 24-51-222 as follows:
Page 2, Line 324-51-222. Forfeiture of benefits by convicted sex offenders -
Page 2, Line 4definitions - creation - sexual assault survivors' cash fund - definition.
Page 2, Line 5(1) (a) As used in this section, unless the context otherwise requires, "sex crime" means any of the following offenses:
Page 2, Line 6(I) Sexual assault, as described in section 18-3-402;
Page 2, Line 7(II) Unlawful sexual contact, as described in section 18-3-404;
Page 2, Line 8(III) Sexual assault on a child, as described in section 18-3-405;
Page 2, Line 9(IV) Sexual assault on a child by one in a position of trust, as described in section 18-3-405.3;
Page 2, Line 10(V) Human trafficking of a minor for sexual servitude, as
Page 2, Line 11described in section 18-3-504 (2);
Page 3, Line 1(VI) Sexual exploitation of a child, as described in section 18-6-403;
Page 3, Line 2(VII) Soliciting for child prostitution, as described in section 18-7-402; or
Page 3, Line 3(VIII) Internet sexual exploitation of a child, as described in section 18-3-405.4.
Page 3, Line 4(2) Effective January 1, 2026, any member or retiree who
Page 3, Line 5is convicted of a sex crime and has exhausted all appellate
Page 3, Line 6review forfeits any retirement benefits, including the option to
Page 3, Line 7receive a refund of any member contribution or matching
Page 3, Line 8employer contribution as determined by a district court order
Page 3, Line 9and judgment in accordance with subsections (3) and (4) of this section.
Page 3, Line 10(3) (a) Effective January 1, 2026, unless prohibited by
Page 3, Line 11applicable federal law, if a district court determines that it is
Page 3, Line 12appropriate to require a convicted member or retiree to forfeit
Page 3, Line 13retirement benefits in accordance with subsection (2) of this
Page 3, Line 14section after making due provision for the rights of innocent
Page 3, Line 15persons, including, but not limited to, providing the convicted
Page 3, Line 16member or retiree adequate notice of a forfeiture proceeding
Page 3, Line 17and holding a hearing to provide the convicted member or
Page 3, Line 18retiree a fair opportunity to defend their entitlement, the
Page 3, Line 19district court must issue the appropriate orders and judgments
Page 3, Line 20that direct the association to commence the forfeiture of
Page 3, Line 21retirement benefits in accordance with subsection (2) of this section. The orders and judgements made must include:
Page 3, Line 22(I) A determination that the member or retiree has been
Page 4, Line 1convicted of a sex crime and exhausted all appellate review for such a conviction;
Page 4, Line 2(II) An order to the association to calculate the amount
Page 4, Line 3of retirement benefits the member or retiree is eligible to
Page 4, Line 4receive minus any retirement benefits forfeited in accordance with subsection (2) of this section; and
Page 4, Line 5(III) An order to the association to transfer an amount
Page 4, Line 6equal to the retirement benefits forfeited to the sexual assault survivors' cash fund created in subsection (5) of this section.
Page 4, Line 7(4) A district court that has issued a judgment and order
Page 4, Line 8for the forfeiture of retirement benefits in accordance with
Page 4, Line 9subsection (3) of this section must take into consideration any
Page 4, Line 10entitlement a convicted member or retiree's spouse or former
Page 4, Line 11spouse has to the retirement benefits. A district court may not
Page 4, Line 12require the forfeiture of any retirement benefits to which a
Page 4, Line 13spouse or former spouse is entitled under law or as determined by a court order.
Page 4, Line 14(5) (a) The sexual assault survivors' cash fund is created
Page 4, Line 15in the state treasury. The fund consists of money credited to the
Page 4, Line 16fund pursuant to subsection (3) of this section and any other
Page 4, Line 17money that the general assembly may appropriate or transfer to the fund.
Page 4, Line 18(b) The state treasurer shall credit all interest and
Page 4, Line 19income derived from the deposit and investment of money in the sexual assault survivors' cash fund to the fund.
Page 4, Line 20SECTION 2. In Colorado Revised Statutes, add 17-28-104 as
Page 4, Line 21follows:
Page 5, Line 117-28-104. Sexual assault survivors' restitution grant program
Page 5, Line 2- application - rules. (1) The sexual assault survivors' restitution
Page 5, Line 3grant program is created in the department. The purpose of the
Page 5, Line 4program is to provide grants to survivors of a sex crime as defined in section 24-51-222.
Page 5, Line 5(2) Grant recipients may use the money received through
Page 5, Line 6the grant program to receive medical and mental health resources.
Page 5, Line 7(3) The department shall administer the grant program
Page 5, Line 8and, subject to available appropriations, shall award grants as
Page 5, Line 9provided in this section. Grants must be paid out of the sexual assault survivors' cash fund created in section 24-51-222 (5).
Page 5, Line 10(4) The department may promulgate rules as necessary to
Page 5, Line 11implement the grant program. At a minimum, the rules must
Page 5, Line 12specify the criteria for providing grants to survivors and the application process.
Page 5, Line 13(5) To receive a grant, a survivor of a sex crime must
Page 5, Line 14submit an application to the department in accordance with rules promulgated by the department.
Page 5, Line 15SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 16takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 17ninety-day period after final adjournment of the general assembly; except
Page 5, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 19of the state constitution against this act or an item, section, or part of this
Page 5, Line 20act within such period, then the act, item, section, or part will not take
Page 5, Line 21effect unless approved by the people at the general election to be held in
Page 6, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.