AGO 84-14.

Case Date:August 14, 1984
Court:Colorado
 
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Colorado Attorney General Opinions 1984. AGO 84-14. August 14, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-14 AG Alpha No. PA PE AGANF Joseph P. Natale Executive Secretary Public Employees Retirement Association 1300 Logan Street Denver, Colorado 80203RE: Calculation of benefits payable to judges who leave the bench before becoming eligible to receive immediate payment of PERA benefits, and select a deferred annuity payable at a later dateDear Mr. Natale: This opinion is in response to your June 4, 1984 letter in which you request a formal legal opinion concerning the calculation of benefits payable to judges who leave the bench before becoming eligible to receive immediate payment of PERA benefits, and select a deferred annuity payable at a later date. Your letter inquires which subsection of section 24-51-607, C.R.S. (1982) applies to calculation of annuity benefits for judges serving on the bench as of July 1, 1973 who leave the bench before attaining the age of 65, and select a deferred annuity. QUESTIONS PRESENTED AND CONCLUSIONS Your request for an attorney general's opinion presents the following questions: May a judge serving on the bench on July 1, 1973, who has since terminated and elected a deferred annuity, receive such annuity calculated pursuant to section 24-51-607(2), C.R.S. (1982), if he does not begin receiving until age 65? Yes, a judge serving on the bench on July 1, 1973, who has since terminated and elected a deferred annuity may receive such annuity calculated pursuant to section 24-51-607(2), C.R.S. (1982) if he does not begin receiving the annuity until he has attained age 65. May a judge serving on the bench on July 1, 1973, who has since terminated and elected a deferred annuity, receive an unreduced deferred annuity calculated pursuant to section 24-51-607(2), C.R.S. (1982), prior to age 65? No, a judge serving on the bench on July 1, 1973, who has since terminated and elected a deferred annuity, may not receive an unreduced deferred annuity prior to attaining age 65. The judge may receive a reduced annuity prior to age 65 calculated pursuant to section 24-51-607(2), C.R.S. (1982) reduced by the formula contained in section 24-51-607(3) or (4), C.R.S. (1982), whichever is applicable to the individual judge. If a...

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