Session of 1998
                   
HOUSE BILL No. 2771
         
By Representatives Sloan, Ballard, Findley and Glasscock
         
2-2
            9             AN ACT concerning the Kansas public employees retirement system and
10             systems thereunder; creating the Kansas public employees retirement
11             advisory council; relating to membership and election, purposes and
12             compensation thereof; system transactions and communications with
13             members; amending K.S.A. 1997 Supp. 74-4902 and 74-4909 and re-
14             pealing the existing sections.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           New Section 1. (a) There is hereby created the Kansas public em-
18       ployees retirement advisory council. The council shall study the benefits
19       and costs of the Kansas public employees retirement system and systems
20       thereunder. The council shall conduct a continuing study and analysis of
21       the retirement system as provided in subsection (c) and shall present
22       recommendations to the board of trustees of the Kansas public employees
23       retirement system as the council deems advisable.
24           (b) (1) The council shall consist of 11 members of which: (A) Five
25       members shall be active and contributing members of the retirement
26       system; (B) two members shall be retirants of the retirement system; and
27       (C) four members appointed by the governor shall be representatives of
28       participating employers.
29           (2) Each member of the council as described in subsections (b)(1)(A)
30       and (b)(1)(B) shall be elected by the members and retirants of the re-
31       tirement system. The members of the council appointed by the governor
32       shall be as follows: (A) One member representing local government par-
33       ticipating employers from a list of three nominees as recommended to
34       the governor by the league of municipalities; (B) one member repre-
35       senting school participating employers from a list of three nominees as
36       recommended to the governor by the Kansas association of school boards;
37       (C) one member representing the Kansas police and firemen's retirement
38       system participating employers; and (D) the secretary of administration
39       or an appointee of the secretary.
40           (3) Inactive members shall not be eligible to be elected to the council
41       nor to elect the members of the council as provided in this section. No
42       more than 2 members elected as provided in this section may be from
43       the same participating employer nor from the same state agency. All

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  1       members shall serve three-year terms. A vacancy on the council related
  2       to one of the members appointed by the governor shall be filled for the
  3       unexpired term by the governor in the same manner as the original ap-
  4       pointment. A vacancy on the council related to one of the members
  5       elected as provided in this section shall be filled as provided by rules and
  6       regulations adopted by the board as provided in this section. The board
  7       of trustees of the retirement system shall adopt rules and regulations
  8       providing the requirements and procedures for the election of members
  9       of the council and for the filling of any vacancy on the council.
10           (c) The council shall study and analyze the retirement system with
11       emphasis on the following: Benefits and costs thereof including unifor-
12       mity of benefits; appropriateness and enhancement of benefits for retir-
13       ants; investment strategies and policies of the system including analysis
14       of appropriateness and proportion of certain categories of investment
15       such as alternative investments, real estate investments, foreign invest-
16       ments and derivatives; contribution rates to ensure long-term fiscal
17       well-being of the system including comparison of employee and employer
18       contribution rates; methods and content of communications with mem-
19       bers; and other matters agreed to by the council and the board of trustees.
20           (d) Meetings of the council shall be called by the chairperson and
21       shall be held at least twice each year, with one meeting held in November
22       or December of each year but at least 15 days prior to the convening of
23       the ensuing legislative session. A majority of the council shall constitute
24       a quorum and no action shall be taken by the council unless approved by
25       at least five voting members. The council shall organize by selecting a
26       chairperson and vice-chairperson, and such other officers as it deems
27       necessary. The executive secretary of the retirement system shall serve
28       as secretary of the council. All secretarial services needed by the council
29       shall be provided by the retirement system and all operating expenses of
30       the council shall be paid by such system.
31           (e) Members of the council attending meetings of such council, or
32       attending a subcommittee meeting thereof authorized by such council,
33       shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
34       amendments thereto.
35           (f) For purposes of this act, ``retirement system'' means the Kansas
36       public employees retirement system, the Kansas police and firemen's re-
37       tirement system, the retirement system for judges and the state school
38       retirement system.
39           Sec. 2. K.S.A. 1997 Supp. 74-4902 is hereby amended to read as
40       follows: 74-4902. As used in articles 49 and 49a of chapter 74 and amend-
41       ments thereto, unless otherwise provided or the context otherwise re-
42       quires:
43           (1) ``Accumulated contributions'' means the sum of all contributions

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  1       by a member to the system which are credited to the member's account,
  2       with interest allowed thereon;
  3           (2) ``acts'' means K.S.A. 74-4901 to 74-4929, inclusive, and amend-
  4       ments thereto;
  5           (3) ``actuarial equivalent'' means an annuity or benefit of equal value
  6       to the accumulated contributions, annuity or benefit, when computed
  7       upon the basis of the actuarial tables in use by the system;
  8           (4) ``actuarial tables'' means the actuarial tables approved and in use
  9       by the board at any given time;
10           (5) ``actuary'' means the actuary or firm of actuaries employed or
11       retained by the board at any given time;
12           (6) ``agent'' means the individual designated by each participating em-
13       ployer through whom system transactions and ;c/ommunication commu-
14       nications are directed, except for system transactions and communications
15       as provided in K.S.A. 74-4909 and amendments thereto;
16           (7) ``beneficiary'' means any natural person or persons or estate
17       named by a member to receive any benefits as provided for by this act.
18       Designations of beneficiaries by a member who is a member of more
19       than one retirement system made on or after July 1, 1987, shall be the
20       basis of any benefits payable under all systems unless otherwise provided
21       by law. Except as otherwise provided by subsection (33) of this section,
22       if there is no named beneficiary living at time of member's death, any
23       benefits provided for by this act shall be paid to: (A) The member's sur-
24       viving spouse; (B) the member's dependent child or children; (C) the
25       member's dependent parent or parents; (D) the member's nondependent
26       child or children; (E) the member's nondependent parent or parents; (F)
27       the estate of the deceased member; in the order of preference as specified
28       in this subsection. Any payment made to a named beneficiary shall be a
29       full discharge and release to the system from any further claims. Any
30       payment made to a beneficiary as provided in clauses (A), (B), (C), (D),
31       (E) or (F) of this subsection, as determined by the board, shall be a full
32       discharge and release to the system from any further claims. Whenever
33       any payment is payable to more than one beneficiary such payment shall
34       be made to such beneficiaries jointly. Any benefits payable to a benefi-
35       ciary or beneficiaries who are minor children or incompetent persons
36       shall be made in the name of the beneficiary or beneficiaries and deliv-
37       ered to the lawfully appointed conservator of such beneficiaries who was
38       nominated by will or as otherwise provided by law, except that in those
39       cases where the benefit involves only the payment of the member's ac-
40       cumulated contributions with interest as provided by this act in an amount
41       not to exceed $500, the board is hereby authorized in its discretion with-
42       out the appointment of a conservator or the giving of a bond to pay such
43       amount as is due to the minor or minors themselves, any payment so

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  1       made shall be a full discharge and release to the system from any further
  2       claims;
  3           (8) ``board of trustees,'' ``board'' or ``trustees'' means the managing
  4       body of the system which is known as the Kansas public employees re-
  5       tirement system board of trustees;
  6           (9) ``compensation'' means all salary, wages and other remuneration
  7       payable to a member for personal services performed for a participating
  8       employer, including maintenance or any allowance in lieu thereof pro-
  9       vided a member as part of compensation, but not including reimburse-
10       ment for travel or moving expenses or on and after July 1, 1994, payment
11       pursuant to an early retirement incentive program made prior to the
12       retirement of the member. Beginning with the employer's fiscal year
13       which begins in calendar year 1991 or for employers other than the state
14       of Kansas, beginning with the fiscal year which begins in calendar year
15       1992, when the compensation of a member who remains in substantially
16       the same position during any two consecutive years of participating serv-
17       ice used in calculating final average salary is increased by an amount which
18       exceeds 15%, then the amount of such increase which exceeds 15% shall
19       not be included in compensation, except that (A) any amount of com-
20       pensation for accumulated sick leave or vacation or annual leave paid to
21       the member, (B) any increase in compensation for any member due to a
22       reclassification or reallocation of such member's position or a reassign-
23       ment of such member's job classification to a higher range or level and
24       (C) any increase in compensation as provided in any contract entered into
25       prior to January 1, 1991, and still in force on the effective date of this act,
26       pursuant to an early retirement incentive program as provided in K.S.A.
27       72-5395 et seq. and amendments thereto, shall be included in the amount
28       of compensation of such member used in determining such member's
29       final average salary and shall not be subject to the 15% limitation provided
30       in this subsection. Any contributions by such member on the amount of
31       such increase which exceeds 15% which is not included in compensation
32       shall be returned to the member. Unless otherwise provided by law, be-
33       ginning with the employer's fiscal year coinciding with or following July
34       1, 1985, compensation shall include any amounts for tax sheltered an-
35       nuities or deferred compensation plans. Beginning with the employer's
36       fiscal year which begins in calendar year 1991, compensation shall include
37       amounts under sections 403b, 457 and 125 of the federal internal revenue
38       code of 1986 and any other section of the federal internal revenue code
39       of 1986 which defers or excludes amounts from inclusion in income;
40           (10) ``credited service'' means the sum of participating service and
41       prior service and in no event shall credited service include any service
42       which is credited under another retirement plan authorized under any
43       law of this state;

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  1           (11) ``dependent'' means a parent or child of a member who is de-
  2       pendent upon the member for at least 1/2 of such parent or child's support;
  3           (12) ``effective date'' means the date upon which the system becomes
  4       effective by operation of law;
  5           (13) ``eligible employer'' means the state of Kansas, and any county,
  6       city, township, special district or any instrumentality of any one or several
  7       of the aforementioned or any noncommercial public television or radio
  8       station located in this state which receives state funds allocated by the
  9       Kansas public broadcasting commission whose employees are covered by
10       social security. If a class or several classes of employees of any above
11       defined employer are not covered by social security, such employer shall
12       be deemed an eligible employer only with respect to such class or those
13       classes of employees who are covered by social security;
14           (14) ``employee'' means any appointed or elective officer or employee
15       of a participating employer whose employment is not seasonal or tem-
16       porary and whose employment requires at least 1,000 hours of work per
17       year, but not including: (A) Any person covered by or eligible for or who
18       will become eligible for a retirement annuity under the provisions of
19       K.S.A. 74-4925 and amendments thereto except as otherwise specifically
20       provided in subsection (3) of K.S.A. 74-4925 and amendments thereto
21       and this subsection; (B) any employee who is a contributing member of
22       the United States civil service retirement system; (C) any employee of an
23       eligible employer who is a participant in public service employment under
24       title II and title VI of the federal comprehensive employment and training
25       act of 1973; (D) any employee or class of employees specifically exempted
26       by law. After June 30, 1975, no person who is otherwise eligible for mem-
27       bership in the Kansas public employees retirement system shall be barred
28       from such membership by reason of coverage by, eligibility for or future
29       eligibility for a retirement annuity under the provisions of K.S.A. 74-4925
30       and amendments thereto, except that no person shall receive service
31       credit under the Kansas public employees retirement system for any pe-
32       riod of service for which benefits accrue or are granted under a retirement
33       annuity plan under the provisions of K.S.A. 74-4925 and amendments
34       thereto. After June 30, 1982, no person who is otherwise eligible for
35       membership in the Kansas public employees retirement system shall be
36       barred from such membership by reason of coverage by, eligibility for or
37       future eligibility for any benefit under another retirement plan authorized
38       under any law of this state, except that no such person shall receive service
39       credit under the Kansas public employees retirement system for any pe-
40       riod of service for which any benefit accrues or is granted under any such
41       retirement plan. Employee shall include persons who are in training at
42       or employed by, or both, a sheltered workshop for the blind operated by
43       the secretary of social and rehabilitation services. The entry date for such

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  1       persons shall be the beginning of the first pay period of the fiscal year
  2       commencing in calendar year 1986. Such persons shall be granted prior
  3       service credit in accordance with K.S.A. 74-4913 and amendments
  4       thereto. However, such persons classified as home industry employees
  5       shall not be covered by the retirement system;
  6           (15) ``entry date'' means the date as of which an eligible employer
  7       joins the system. The first entry date pursuant to this act is January 1,
  8       1962;
  9           (16) ``executive secretary'' means the managing officer of the system
10       employed by the board under this act;
11           (17) ``final average salary'' means in the case of a member who retires
12       prior to January 1, 1977, and in the case of a member who retires after
13       January 1, 1977, and who has less than five years of participating service
14       after January 1, 1967, the average highest annual compensation paid to
15       such member for any five years of the last 10 years of participating service
16       immediately preceding retirement or termination of employment, or in
17       the case of a member who retires on or after January 1, 1977, and who
18       has five or more years of participating service after January 1, 1967, the
19       average highest annual compensation paid to such member on or after
20       January 1, 1967, for any five years of participating service preceding re-
21       tirement or termination of employment, or, in any case, if participating
22       service is less than five years, then the average annual compensation paid
23       to the member during the full period of participating service, or, in any
24       case, if the member has less than one calendar year of participating service
25       such member's final average salary shall be computed by multiplying such
26       member's highest monthly salary received in that year by 12; in the case
27       of a member who became a member under subsection (3) of K.S.A. 74-
28       4925 and amendments thereto, or who became a member with a partic-
29       ipating employer as defined in subsection (3) of K.S.A. 74-4931 and
30       amendments thereto and who elects to have compensation paid in other
31       than 12 equal installments, such compensation shall be annualized as if
32       the member had elected to receive 12 equal installments for any such
33       periods preceding retirement; in the case of a member who retires after
34       July 1, 1987, the average highest annual compensation paid to such mem-
35       ber for any four years of participating service preceding retirement or
36       termination of employment; in the case of a member who retires on or
37       after July 1, 1993, who was first hired as an employee, as defined in
38       subsection (14) of K.S.A. 74-4902 and amendments thereto, prior to July
39       1, 1993, the average highest annual compensation, as defined in subsec-
40       tion (9), paid to such member for any four years of participating service
41       preceding retirement or termination of employment or the average high-
42       est annual salary, as defined in subsection (34), paid to such member for
43       any three years of participating service preceding retirement or termi-

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  1       nation of employment, whichever is greater; and in the case of a member
  2       who retires on or after July 1, 1993, and who is first hired as an employee,
  3       as defined in subsection (14) of K.S.A. 74-4902 and amendments thereto,
  4       on or after July 1, 1993, the average highest annual salary, as defined in
  5       subsection (34), paid to such member for any three years of participating
  6       service preceding retirement or termination of employment. Final aver-
  7       age salary shall not include any purchase of participating service credit
  8       by a member as provided in subsection (2) of K.S.A. 74-4919h and
  9       amendments thereto which is completed within five years of retirement.
10       For any application to purchase or repurchase service credit for a certain
11       period of service as provided by law received by the system after May 17,
12       1994, for any member who will have contributions deducted from such
13       member's compensation at a percentage rate equal to two or three times
14       the employee's rate of contribution or will begin paying to the system a
15       lump-sum amount for such member's purchase or repurchase and such
16       deductions or lump-sum payment commences after the commencement
17       of the first payroll period in the third quarter, ``final average salary'' shall
18       not include any amount of compensation or salary which is based on such
19       member's purchase or repurchase. Any application to purchase or repur-
20       chase multiple periods of service shall be treated as multiple applications.
21       For purposes of this subsection, the date that such member is first hired
22       as an employee for members who are employees of employers that
23       elected to participate in the system on or after January 1, 1994, shall be
24       the date that such employee's employer elected to participate in the sys-
25       tem;
26           (18) ``fiscal year'' means, for the Kansas public employees retirement
27       system, the period commencing July 1 of any year and ending June 30 of
28       the next;
29           (19) ``Kansas public employees retirement fund'' means the fund cre-
30       ated by this act for payment of expenses and benefits under the system
31       and referred to as the fund;
32           (20) ``leave of absence'' means a period of absence from employment
33       without pay, authorized and approved by the employer, and which after
34       the effective date does not exceed one year;
35           (21) ``member'' means an eligible employee who is in the system and
36       is making the required employee contributions, or any former employee
37       who has made the required contributions to the system and has not re-
38       ceived a refund;
39           (22) ``military service'' means service in the armed forces of the
40       United States or in the United States public health service, which service
41       is immediately preceded by a period of employment as an employee or
42       by the entering into of an employment contract with a participating em-
43       ployer and is followed by return to employment as an employee with the

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  1       same or another participating employer within 12 months immediately
  2       following discharge from such military service, except that if the board
  3       determines that such return within 12 months was made impossible by
  4       reason of a service-connected disability, the period within which the em-
  5       ployee must return to employment with a participating employer shall be
  6       extended not more than two years from the date of discharge or separa-
  7       tion from military service;
  8           (23) ``normal retirement date'' means the date on or after which a
  9       member may retire with full retirement benefits pursuant to K.S.A. 74-
10       4914 and amendments thereto;
11           (24) ``participating employer'' means an eligible employer who has
12       agreed to make contributions to the system on behalf of its employees;
13           (25) ``participating service'' means the period of employment after
14       the entry date for which credit is granted a member;
15           (26) ``prior service'' means the period of employment of a member
16       prior to such member's entry date for which credit is granted a member
17       under this act;
18           (27) ``prior service annual salary'' means the highest annual salary,
19       not including any amounts received as payment for overtime or as re-
20       imbursement for travel or moving expense, received for personal services
21       by the member from the current employer in any one of the three cal-
22       endar years immediately preceding January 1, 1962, or the entry date of
23       the employer, whichever is later, except that if a member entered the
24       employment of the state during the calendar year 1961, the prior service
25       annual salary shall be computed by multiplying such member's highest
26       monthly salary received in that year by 12;
27           (28) ``retirant'' means a member who has retired under this system;
28           (29) ``retirement benefit'' means a monthly income or the actuarial
29       equivalent thereof paid in such manner as specified by the member pur-
30       suant to this act or as otherwise allowed to be paid at the discretion of
31       the board, with benefits accruing from the first day of the month coin-
32       ciding with or following retirement and ending on the last day of the
33       month in which death occurs. Upon proper identification a surviving
34       spouse may negotiate the warrant issued in the name of the retirant;
35           (30) ``retirement system'' or ``system'' means the Kansas public em-
36       ployees retirement system as established by this act and as it may be
37       amended;
38           (31) ``social security'' means the old age, survivors and disability in-
39       surance section of the federal social security act;
40           (32) ``total disability'' means a physical or mental disability which pre-
41       vents the member from engaging, for remuneration or profit, in any oc-
42       cupation for which the member is reasonably suited by education, training
43       or experience;

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  1           (33) ``trust'' means an express trust, created by a trust instrument,
  2       including a will, designated by a member to receive payment of the in-
  3       sured death benefit under K.S.A. 74-4927 and amendments thereto and
  4       payment of the member's accumulated contributions under subsection
  5       (1) of K.S.A. 74-4916 and amendments thereto. A designation of a trust
  6       shall be filed with the board. If there is a designated trust at the time of
  7       the member's death, the insured death benefit for the member under
  8       K.S.A. 74-4927 and amendments thereto and the member's accumulated
  9       contributions under subsection (1) of K.S.A. 74-4916 and amendments
10       thereto shall be paid to the trust in lieu of the member's beneficiary. If
11       no will is admitted to probate within six months after the death of the
12       member or no trustee qualifies within such six months or if the designated
13       trust fails, for any reason whatsoever, the insured death benefit under
14       K.S.A. 74-4927 and amendments thereto and the member's accumulated
15       contributions under subsection (1) of K.S.A. 74-4916 and amendments
16       thereto shall be paid in accordance with the provisions of subsection (7)
17       of this section as in other cases where there is no named beneficiary living
18       at the time of the member's death and any payments so made shall be a
19       full discharge and release to the system from any further claims; and
20           (34) ``salary'' means all salary and wages payable to a member for
21       personal services performed for a participating employer, including main-
22       tenance or any allowance in lieu thereof provided a member as part of
23       salary. Salary shall not include reimbursement for travel or moving ex-
24       penses, payment for accumulated sick leave or vacation or annual leave,
25       severance pay or any other payments to the member determined by the
26       board to not be payments for personal services performed for a partici-
27       pating employer constituting salary or on and after July 1, 1994, payment
28       pursuant to an early retirement incentive program made prior to the
29       retirement of the member. When the salary of a member who remains
30       in substantially the same position during any two consecutive years of
31       participating service used in calculating final average salary is increased
32       by an amount which exceeds 15%, then the amount of such increase
33       which exceeds 15% shall not be included in salary. Any contributions by
34       such member on the amount of such increase which exceeds 15% which
35       is not included in compensation shall be returned to the member. Unless
36       otherwise provided by law, salary shall include any amounts for tax shel-
37       tered annuities or deferred compensation plans. Salary shall include
38       amounts under sections 403b, 457 and 125 of the federal internal revenue
39       code of 1986 and any other section of the federal internal revenue code
40       of 1986 which defers or excludes amounts from inclusion in income. In
41       any case, if participating service is less than three years, then the average
42       annual salary paid to the member during the full period of participating
43       service, or, in any case, if the member has less than one calendar year of

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  1       participating service such member's final average salary shall be com-
  2       puted by multiplying such member's highest monthly salary received in
  3       that year by 12.
  4           Sec. 3. K.S.A. 1997 Supp. 74-4909 is hereby amended to read as
  5       follows: 74-4909. (1) The board of trustees shall be responsible for the
  6       general administration of the system, subject to the provisions of this act.
  7           (2) The board shall establish rules and regulations for the adminis-
  8       tration of the system and for the transaction of business consistent with
  9       law, which rules and regulations shall be filed in the office of the secretary
10       of state.
11           (3) The board shall be responsible for the installation of a complete
12       and adequate system of accounts and records. The board shall contract
13       with the department of administration to provide such accounting services
14       as are necessary to avoid duplication of efforts and promote efficiency.
15       The board shall pay the department of administration an amount not
16       exceeding the actual cost incurred in providing this service, which pay-
17       ments shall be deposited in the state treasury and then credited to the
18       state general fund.
19           (4) All meetings of the board shall be open to the public. The board
20       shall keep a record of all proceedings.
21           (5) The board may prescribe rules and regulations for the determi-
22       nation of the value of maintenance, board, lodging, laundry and other
23       allowances to employees in lieu of money.
24           (6) The board may adopt all necessary actuarial tables to be used in
25       the operation of the system as recommended by the actuary, and may
26       compile such additional data as may be necessary for required actuarial
27       valuations and calculations.
28           (7) The board or the investment committee may invest all cash not
29       required for current payments in securities eligible for investment under
30       this act. All actions of the investment committee shall be reported to the
31       board at the first meeting of the board following the action of the in-
32       vestment committee.
33           (8) The board, as soon after the close of the fiscal year as practical,
34       shall publish for distribution among members a financial statement show-
35       ing the financial status of the system.
36           (9) All decisions of the board as to questions of fact shall be final and
37       conclusive on all persons except for the right of review as provided by
38       law and except for fraud or such gross mistake of fact as to have an effect
39       equivalent to fraud.
40           (10) Each member's account and records shall be administered in a
41       confidential manner and specific data regarding the member shall not be
42       released unless authorized in writing by the member; however, the board
43       may release information to the employer or to other state and federal

HB 2771

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  1       agencies as the board deems necessary.
  2           (11) The board shall develop and adopt a specific plan which outlines
  3       strategies, goals, procedures and related costs, including additional em-
  4       ployees necessary to carry out the provisions of this subsection, to provide
  5       for the system's internal management of the investment and reinvestment
  6       of moneys of the fund as provided in K.S.A. 74-4921 and amendments
  7       thereto. Such internal management would replace the management of all
  8       or part of the fund by persons the board has contracted with as provided
  9       in subsection (7) of K.S.A. 74-4921 and amendments thereto. The board
10       shall report such plan developed pursuant to this subsection to the leg-
11       islature and the governor on or before January 1, 1993.
12           (12) The board shall adopt rules and regulations providing the
13       requirements and procedures for the election of members of the board
14       by members and retirants of the system as provided in subsection (a)(2)
15       of K.S.A. 74-4905 and amendments thereto, as such statute is amended
16       in section 1 of chapter 218 of the 1992 Session Laws, effective July 1,
17       1993, and for the filling of any vacancy involving such elected member
18       of the board.
19           (13) The board shall cooperate with and provide any assistance to the
20       actuary, the legislative coordinating council and the joint committee on
21       pensions, investments and benefits related to the independent actuarial
22       audit and evaluation as provided in K.S.A. 1997 Supp. 74-4908a and
23       amendments thereto.
24           (14) The board shall adopt rules and regulations providing for the
25       dissemination of system transactions and communications directly to
26       members.
27           Sec. 4. K.S.A. 1997 Supp. 74-4902 and 74-4909 are hereby repealed.
28           Sec. 5. This act shall take effect and be in force from and after its
29       publication in the statute book.
30      
31