Forfeiture of Public Employees' Retirement Association Benefits by Sex Offenders
Summary
HB1150 would require certain Public Employees’ Retirement Association (PERA) members or retirees who are convicted of specified sex crimes and have exhausted all appellate review to forfeit their retirement benefits. The bill defines “sex crime” to include offenses such as sexual assault, unlawful sexual contact, sexual assault on a child, human trafficking of a minor for sexual servitude, sexual exploitation of a child, soliciting for child prostitution, and internet sexual exploitation of a child. It also bars the forfeiture of retirement amounts that belong to a spouse or former spouse under law or court order.
The bill creates the Sexual Assault Survivors’ Cash Fund in the state treasury and directs PERA to transfer an amount equal to forfeited benefits into that fund. It also establishes a Sexual Assault Survivors’ Restitution Grant Program in the Department of Corrections to provide grants to survivors of sex crimes for medical and mental health resources, with rules to be set by the department. The bill applies beginning January 1, 2026, and includes procedures requiring district court findings, notice, and a hearing before forfeiture can be ordered.
Impact
HB1150 would amend Colorado law by adding a new PERA forfeiture provision and creating a new state cash fund and grant program. It would affect PERA members and retirees convicted of listed sex offenses, district courts handling forfeiture proceedings, the Department of Corrections administering survivor grants, and the State Treasurer managing the new fund. It also preserves third-party property interests by protecting spousal and former spousal entitlements from forfeiture.
Sentiment
The available legislative history suggests the bill did not advance in committee, as House Finance voted 12-0 to postpone it indefinitely. That vote indicates unanimous committee opposition or at least a lack of support for moving the bill forward at that stage. No committee transcript excerpts are available, so the broader discussion record is limited, but the vote outcome suggests the proposal was not favored in committee.
Contention
The main points of contention likely center on whether it is appropriate or lawful to strip retirement benefits from convicted sex offenders, especially after appellate review is complete, and whether PERA benefits should be used to fund survivor services. Another likely issue is due process, since the bill requires court findings, notice, and a hearing before forfeiture. Protection of spouses and former spouses’ retirement interests is also a notable issue, because the bill expressly limits forfeiture to avoid affecting their legally protected shares.