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 9  AN ACT concerning retirement; relating to state officers and employees;
10    concerning exempting the department of transportation from making
11    certain position reductions based on state employee retirements;
12    amending K.S.A. 1996 Supp. 75-6801 and repealing the existing
13    section.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 75-6801 is hereby amended to read as
17  follows: 75-6801. (a) As used in this section:
18    (1)  ``Executive secretary'' means the executive secretary of the Kansas
19  public employees retirement system.
20    (2)  ``F.T.E. positions'' means the number of full time and regular part
21  time positions equated to full time, excluding seasonal and temporary
22  positions, paid from appropriations.
23    (3)  ``Head of the governmental branch'' means the governor, in the
24  case of the executive branch; and the legislative coordinating council, in
25  the case of the legislative branch.
26    (4)  ``Retiree'' means any person electing to retire pursuant to K.S.A.
27  74-4914, and amendments thereto, except that ``retiree'' shall not include
28  any person who is retiring from a position which provides direct care for
29  patients at Topeka state hospital, Osawatomie state hospital, Rainbow
30  mental health facility or Larned state hospital, Kansas neurological insti-
31  tute, Parsons state hospital and training center, Winfield state hospital
32  and training center and university of Kansas medical center.
33    (b)  The executive secretary shall provide the head of the govern-
34  mental branch notice of the name, employing state agency and retirement
35  date of each retiree retiring after the effective date of this act and such
36  other information that may be prescribed by the head of the govern-
37  mental branch.
38    (c) (1)  Upon receipt of each notice pursuant to subsection (b) re-
39  garding a retiree employed by a state agency in the executive branch, the
40  governor shall direct the secretary of administration to reduce by one the
41  number of F.T.E. positions authorized for the state agency that employed
42  the retiree and reduce the expenditure authority of such state agency in
43  an amount attributable to the amount of unused salary and employer-
HB 2495
                                     

 1  paid benefits attributable to the retiree's job position.
 2    (2)  Upon receipt of each notice pursuant to subsection (c) regarding
 3  a retiree employed by a state agency in the legislative branch, the legis-
 4  lative coordinating council shall reduce by one the number of F.T.E.
 5  positions for the state agency that employed the retiree and reduce the
 6  expenditure authority of such state agency in an amount attributable to
 7  the retiree's job position.
 8    (d) (1)  For reductions made in the executive branch of government,
 9  the governor is authorized to restore or allocate, to any state agency or
10  agencies within the executive branch, no more than 3/4 of the F.T.E.
11  positions and expenditure authority reductions made pursuant to subsec-
12  tion (c)(1), except that, upon request of the governor, the reduced num-
13  ber of authorized F.T.E. positions and the reduced amount of expendi-
14  ture authority established under subsection (c)(1) for a state agency in
15  the executive branch of government may be increased upon approval by
16  the state finance council acting on this matter which is hereby character-
17  ized as a matter of legislative delegation and subject to the guidelines
18  prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
19    (2)  For reductions made in the legislative branch of government, the
20  legislative coordinating council is authorized to restore or allocate, to any
21  state agency or agencies within the legislative branch, no more than 3/4 of
22  the F.T.E. positions and expenditure authority reductions made pursuant
23  to subsection (c)(2), except that, upon request of the agency head, the
24  reduced number of authorized F.T.E. positions and the reduced amount
25  of expenditure authority established under subsection (c) for a state
26  agency in the legislative branch of government may be increased upon
27  approval by the legislative coordinating council.
28    (e)  The secretary of administration is authorized to prescribe such
29  policies and procedures as may be deemed necessary to carry out the
30  provisions of this section.
31    (f)  Provisions of this section shall not apply to the department of
32  transportation.
33    Sec. 2.  K.S.A. 1996 Supp. 75-6801 is hereby repealed.
34    Sec. 3.  This act shall take effect and be in force from and after its
35  publication in the statute book.