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 9  AN ACT concerning the Kansas public employees retirement system;
10    relating to membership waiting period; amending K.S.A. 1996 Supp.
11    74-4911 and repealing the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 74-4911 is hereby amended to read as
15  follows: 74-4911. (1) Any employee of a participating employer other than
16  an elected official on the entry date of such employer shall be a member
17  of the system on either the entry date or the first day of the payroll period
18  coinciding with or following the completion of one year of service, which-
19  ever is later. For purposes of this act occasional breaks in service which
20  shall not exceed an aggregate of 10 days in any such year shall not con-
21  stitute a break in service for purposes of determining the membership
22  date of such employee. Any employee of a participating employer which
23  affiliated prior to the effective date of this act who is not a member of the
24  system on the effective date of this act shall be a member of the system
25  on the effective date of this act.
26    (2)  Except as otherwise provided in this subsection, any employee
27  other than an elected official who is employed by a participating employer
28  after the entry date of such employer shall be a member of the system
29  on the effective date of this act or the first day of the payroll period
30  coinciding with or following completion of one year of continuous service
31  such employment, whichever occurs last. For purposes of this act, occa-
32  sional breaks in service which shall not exceed an aggregate of 10 days in
33  any such year shall not constitute a break in continuous service for pur-
34  poses of determining the membership date of such employee. For pur-
35  poses of this subsection, any employee of a local governmental unit which
36  has its own pension plan who becomes an employee of a participating
37  employer as a result of a merger or consolidation of services provided by
38  local governmental units, which occurred on January 1, 1994, may count
39  service with such local governmental unit in determining whether such
40  employee has met the one year of continuous service requirement con-
41  tained in this subsection.
42    (3)  Any employee who is an elected official and is eligible to join the
43  system shall elect to become or not to become a member of the system.
HB 2239
                                     

 1  Such election shall become effective on the first day of the first payroll
 2  period of the first quarter following receipt of the election in the office
 3  of the retirement system. In the event that such elected official fails to
 4  file the election to become a member of the retirement system, it shall
 5  be presumed that such person has elected not to become a member.
 6    (4)  Any employee other than an elected official who is in military
 7  service or on leave of absence on the entry date of such employee's em-
 8  ployer shall become a member of the system upon returning to active
 9  employment or on the first day of the payroll period coinciding with or
10  following the completion of one year of service, whichever is later. For
11  purposes of this act, occasional breaks in service which shall not exceed
12  an aggregate of 10 days in any such year shall not constitute a break in
13  service for purposes of determining the membership date of such em-
14  ployee.
15    (5)  Any employee of the state of Kansas other than an elected official,
16  who is receiving or is eligible for assistance by the state board of regents
17  in the purchase of a retirement annuity under K.S.A. 74-4925, and
18  amendments thereto, and who becomes ineligible for such assistance be-
19  cause such employee's position is reclassified to a position in the classified
20  service under the Kansas civil service act, or who becomes ineligible for
21  such assistance because such person accepts and transfers to a position
22  in the classified service under the Kansas civil service act shall be a mem-
23  ber of the system on the first day of the payroll period coinciding with or
24  following the effective date of such reclassification or transfer. Any such
25  employee who became ineligible for such assistance prior to the effective
26  date of this act because of such a reclassification or such a transfer oc-
27  curring prior to the effective date of this act and who is not a member of
28  the system on the effective date of this act shall be a member of the
29  system on the first day of the payroll period coinciding with or following
30  the effective date of this act.
31    (6)  Any employee of the state board of regents or of an educational
32  institution under its management, other than an elected official, who is a
33  member of the system and who becomes ineligible to be a member of
34  the system because such employee's position is reclassified to a position
35  under the Kansas civil service act which is eligible for assistance by the
36  state board of regents in the purchase of a retirement annuity under
37  K.S.A. 74-4925 and amendments thereto, or who becomes ineligible to
38  be a member of the system because such employee transfers to a position
39  under the Kansas civil service act which is eligible for such assistance,
40  shall become eligible for such assistance in accordance with the provisions
41  of K.S.A. 74-4925 and amendments thereto, unless such employee files
42  a written election in the office of the retirement system, in the form and
43  manner prescribed by the board of trustees thereof, to remain a member
HB 2239
                                     

 1  of the system prior to the first day of the first complete payroll period
 2  occurring after the effective date of such reclassification or transfer. Fail-
 3  ure to file such written election shall be presumed to be an election not
 4  to remain a member of the system and to become eligible for assistance
 5  by the state board of regents in the purchase of a retirement annuity
 6  under K.S.A. 74-4925 and amendments thereto. Such election, whether
 7  to remain a member of the system or to become eligible for such assis-
 8  tance, shall be effective as of the effective date of such reclassification or
 9  transfer, and shall be irrevocable.
10    (7)  Any employee who is an elected official and is eligible to join the
11  system as a result of being an elected official, and who at the time of
12  becoming an elected official is already a member of the system by being
13  or having been an employee of a participating employer shall elect to
14  continue as a member of the system or not to continue as a member of
15  the system. Such election shall become effective on the first day of the
16  first payroll period of the first quarter following receipt of the election in
17  the office of the retirement system. In the event that such elected official
18  fails to file the election to continue as a member of the system or not to
19  continue as a member of the system, it shall be presumed that such
20  elected official has elected to continue as a member of the system.
21    Sec. 2.  K.S.A. 1996 Supp. 74-4911 is hereby repealed.
22    Sec. 3.  This act shall take effect and be in force from and after its
23  publication in the statute book.