Session of 1998
                   
HOUSE BILL No. 2874
         
By Committee on Appropriations
         
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            9             AN ACT concerning the Kansas police and firemen's retirement system;
10             relating to affiliation of the office of state fire marshal; election by fire
11             investigators; credit service, employee and employer contributions.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. (a) On the effective date of this act, the office of state fire
15       marshal shall be an eligible employer as defined in K.S.A. 74-4952 and
16       amendments thereto. The office of state fire marshal may affiliate with
17       the Kansas police and firemen's retirement system established under the
18       provisions of K.S.A. 74-4951 et seq. and amendments thereto. The office
19       of state fire marshal shall make application for affiliation with such system
20       in the manner provided by K.S.A. 74-4954 and amendments thereto, to
21       be effective on July 1 next following application.
22           (b) Upon affiliation, the office of state fire marshal, shall appropriate
23       and pay to the system a sum sufficient to satisfy the obligations hereunder
24       as certified by the board.
25           (c) For the purposes of determining and computing retirement ben-
26       efits and death and disability benefits computed upon the basis of credited
27       service of a fire investigator appointed under the provisions of this act,
28       the term ``credited service,'' as used in K.S.A. 74-4951 et seq. and amend-
29       ments thereto, means and includes only participating service with the
30       office of state fire marshal, except as hereinafter provided:
31           (1) Credited service of any fire investigator with the office of state
32       fire marshal prior to becoming a member under these provisions shall be
33       considered and included in determining if the death or disability of such
34       fire investigator was service connected under the provisions of subsection
35       (10) of K.S.A. 74-4952 and amendments thereto and for the purposes of
36       determining the eligibility of such fire investigator for nonservice-con-
37       nected death and disability benefits under the provisions of subsection
38       (2) of K.S.A. 74-4959 and amendments thereto and subsection (2) of
39       K.S.A. 74-4960 and amendments thereto.
40           (2) Notwithstanding the provisions of K.S.A. 74-4957 and 74-4963
41       and amendments thereto, all credited service of any fire investigator with
42       the office of state fire marshal prior to becoming a member under these
43       provisions shall be included and counted together with credited partici-

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  1       pating service for the meeting of requirements of years of service fixed
  2       under the provisions of such sections.
  3           Any rights and benefits accruing to any fire investigator of the office
  4       of state fire marshal prior to the effective date of affiliation shall be de-
  5       termined and computed pursuant to the provisions of K.S.A. 74-4901 et
  6       seq. and amendments thereto. Any fire investigator who becomes a mem-
  7       ber pursuant to this section, who has a vested retirement benefit pursuant
  8       to K.S.A. 74-4917 and amendments thereto and who terminates employ-
  9       ment prior to attaining a vested benefit pursuant to K.S.A. 74-4963 and
10       amendments thereto may have such service credited for purposes of de-
11       termining and computing retirement benefits pursuant to K.S.A. 74-4901
12       et seq. and amendments thereto.
13           Sec. 2. (a) Each fire investigator employed by the office of state fire
14       marshal on the date of affiliation, may become a member of the Kansas
15       police and firemen's retirement system on the first day of the payroll
16       period of such fire investigator, coinciding with or following the entry
17       date of the office of state fire marshal, only by filing with the board of
18       trustees of the system, on or before the entry date of the office of state
19       fire marshal, a written election to become a member of the system. Fail-
20       ure to file such written election shall be presumed to be an election not
21       to become a member of the system. Such election, whether to become a
22       member or not to become a member, shall be irrevocable.
23           (b) Each fire investigator who is on an authorized leave of absence
24       or is in the military service on entry date of the office of the state fire
25       marshal may become a member of the Kansas police and firemen's re-
26       tirement system on the first day of the first payroll period of such fire
27       investigator, coinciding with such fire investigator's return to active em-
28       ployment and payroll of the office of the state fire marshal, only by filing
29       with the board of trustees of the system within 10 days after such return
30       to active employment a written election to become a member of the
31       system. Failure to file such written election shall be presumed to be an
32       election not to become a member of the system. Such election, whether
33       to become a member or not to become a member, shall be irrevocable.
34           (c) Every person who is employed as a fire investigator on or after
35       the entry date of the office of state fire marshal into the Kansas police
36       and firemen's retirement system shall become a member of the Kansas
37       police and firemen's retirement system on the first day of such employ-
38       ment.
39           Sec. 3. (a) Except as otherwise provided by this act, any fire inves-
40       tigator employed by the office of state fire marshal who becomes a mem-
41       ber of the Kansas police and firemen's retirement system shall be subject
42       to all the provisions of K.S.A. 74-4951 through 74-4970 and amendments
43       thereto.

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  1           (b) Beginning with the first payment of compensation for services of
  2       a fire investigator after becoming a member of the Kansas police and
  3       firemen's retirement system, the employer shall deduct from the com-
  4       pensation of such member 7% as employee contributions. Such deduc-
  5       tions shall be remitted, deposited and credited as provided in K.S.A.
  6       74-4965 and amendments thereto.
  7           Sec. 4. The division of the budget and the governor shall include in
  8       the budget and in the budget request for appropriations for personnel
  9       services the amount required to satisfy the employer's obligation under
10       this act as certified by the board of trustees of the system, and shall
11       present the same to the legislature for allowance and appropriation.
12           Sec. 5. This act shall take effect and be in force from and after its
13       publication in the statute book.
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