HB 25-1150
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1150: FORFEITURE OF PERA BENEFITS BY SEX OFFENDERS
Prime Sponsors:
Rep. Weinberg
Published for: House Finance
Drafting number: LLS 25-0566
Fiscal Analyst:
Erin Reynolds, 303-866-4146
erin.reynolds@coleg.gov
Version: Initial Fiscal Note
Date: February 21, 2025
Fiscal note status: The fiscal note reflects the introduced bill.
Summary Information
Overview. The bill requires that a PERA member convicted of a sex offense forfeit their retirement
benefits. These forfeitures are transferred to a grant program in the Department of Corrections for sexual
assault survivors.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Revenue
State Expenditures
Statutory Public Entity
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue (Cash Funds) Indeterminate Indeterminate
State Expenditures (Cash Funds) at least $150,000 at least $125,000
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE Page 2
February 21, 2025 HB 25-1150
Summary of Legislation
Effective January 1, 2026, any member or retiree of the Public Employees’ Retirement
Association (PERA) who is convicted of certain sex offenses—and who has exhausted all
appellate review of the conviction—forfeits any retirement benefits including the option to have
a refund of member contribution or matching employer contribution. The court must take into
consideration the claim of a member spouse or former spouse and may not forfeit the PERA
entitlement if the court makes a finding that the spouse or former spouse is entitled under law
or determined by a court order.
When the forfeiture proceeding occurs—which is held in order to provide the convicted member
or retiree with a fair opportunity to defend their entitlement—the district court must provide
notice. Upon forfeiture of a convicted member’s PERA entitlement, the court must issue a
forfeiture order directing PERA to transfer the applicable amount to the newly created Sexual
Assault Survivors’ Cash Fund.
With the forfeiture funding, the Department of Corrections (DOC) will administer the Sexual
Assault Survivors’ Grant Program to provide grants to survivors of a sex crime to use for
necessary medical and mental health resources.
State Revenue
When a forfeiture of an employee’s PERA benefits occurs, the bill will increase state revenue to
the Sexual Assault Survivors’ Cash Fund, with funds transferred from PERA. Revenue will depend
on future criminal actions and adjudicatory proceedings, and cannot be estimated. The bill may
also minimally increase state revenue from court filing fees. These revenue sources are subject
to TABOR.
State Expenditures
The bill will increase state expenditures in the Department of Corrections and workload in the
Judicial Department.
Department of Corrections
The DOC does not currently administer grant programs. To stand-up the Sexual Assault
Survivors' Grant Program, it requires staff and software estimated preliminarily at $150,000 in
the first program year, and $125,000 ongoing. It is assumed the department’s administrative
costs would be paid from the newly created Sexual Assault Survivors’ Cash Fund. Because that
fund will not have revenue until a forfeiture occurs, the implementation of the grant program is
contingent upon that future occurrence. Page 3
February 21, 2025 HB 25-1150
Judicial Department
Assuming that the forfeiture proceeding will be filed as a separate civil case after all appellate
reviews are exhausted, the Judicial Department may see an increase in civil filings. It is assumed
this increase will be minimal and absorbable within existing resources.
TABOR Refunds
The bill may increase the amount of state revenue required to be refunded to taxpayers;
however, revenue timing cannot be estimated. If the state receives cash fund revenue in a
TABOR surplus year, it will reduce the amount of General Fund available to spend or save.
Statutory Public Entity
PERA will have an increase in staff time to update forms and internal processes to comply with
the bill’s requirements, and to issue payments to the Sexual Assault Survivors’ Cash Fund when a
forfeiture of PERA benefits is required. It is assumed that forfeiture payments will be actuarially
equivalent to the benefit payments that would have gone to the PERA member, and will not
impact PERA’s unfunded liability.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State and Local Government Contacts
Corrections
Judicial
Public Employees' Retirement Association
Treasury
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.