The Colorado Hunt Time Rule Formula QDRO favors the Alternate Payee because it assigns a portion of the post-Decree enhanced retirement payments. In 2017, the Military wisely overruled Hunt.
The Hunt coverture fraction is a smaller slice of a bigger pie. However, the pie gets larger than the slice gets smaller. Thus, the Alternate Payee improperly receives a greater share of the Participant employee’s post-Decree enhanced retirement benefits.
The Colorado PERA retirement benefit has a “check the box” option which adopts the use of the Hunt Time Rule coverture fraction. It should not be used because it assigns the post-Decree increase in the match from 0 or 50% to 100%. It also assigns the Participant employee’s social security replacement portion.
In contrast, a retirement benefit should be divided as of the date of the Decree in accordance with CRS 14-10-113(5) and the relevant Colorado appellate case law.