1997
SENATE BILL 97081
BY SENATORS Wells, Reeves, and Phillips;
also REPRESENTATIVES Gordon and Sullivant.
CONCERNING THE DIRECT DIVISION OF PUBLIC EMPLOYEE
RETIREMENT BENEFITS PURSUANT TO A COURTAPPROVED AGREEMENT
ENTERED INTO BETWEEN PARTIES TO A DOMESTIC RELATIONS ACTION FILED
PRIOR TO JANUARY 1, 1997.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1.
1410113 (6) (a), Colorado Revised Statutes, 1987 Repl.
Vol., as amended, is amended to read:
1410113. Disposition of
property. (6) (a) (I) Notwithstanding
any antiassignment, antialienation, or other provision
of law to the contrary, all retirement benefits of any nature
for public employees from a qualified plan established pursuant
to Colorado law shall be, in all actions for dissolution of marriage,
legal separation, and declaration of invalidity of marriage, divisible
directly by the plan upon written agreement of the parties to
such an action pursuant to paragraph (c) of this subsection (6).
(II) THE PROVISIONS OF THIS SUBSECTION
(6) SHALL APPLY TO ALL DISSOLUTION OF MARRIAGE, LEGAL SEPARATION,
AND DECLARATION OF INVALIDITY OF MARRIAGE ACTIONS FILED ON OR
AFTER JANUARY 1, 1997, AND ALL DISSOLUTION OF MARRIAGE, LEGAL
SEPARATION, OR DECLARATION OF INVALIDITY OF MARRIAGE ACTIONS FILED
PRIOR TO JANUARY 1, 1997, IN WHICH THE COURT DID NOT ENTER A FINAL
PROPERTY DIVISION ORDER CONCERNING THE PARTIES' PUBLIC EMPLOYEE
RETIREMENT BENEFITS PRIOR TO JANUARY 1, 1997.
SECTION 2. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO