Session of 1998
                   
HOUSE BILL No. 2890
         
By Joint Committee on Pensions, Investments and Benefits
         
2-11
            9             AN ACT concerning the Kansas police and fireman's retirement system;
10             relating to definition of police and fireman; amending K.S.A. 1997
11             Supp. 74-4952 and repealing the existing section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 74-4952 is hereby amended to read as
15       follows: 74-4952. As used in K.S.A. 74-4951 et seq. and amendments
16       thereto:
17           (1) ``Accumulated contributions'' means the sum of all contributions
18       by a member to the system which shall be credited to the member's
19       account with interest allowed thereon after June 30, 1982.
20           (2) ``Disability'' means the total inability to perform permanently the
21       duties of the position of a policeman or fireman.
22           (3) ``Eligible employer'' means any city, county, township or other
23       political subdivision of the state employing one or more employees as
24       firemen or policemen.
25           (4) ``Employee'' means any policeman or fireman employed by a par-
26       ticipating employer whose employment for police or fireman purposes is
27       not seasonal or temporary and requires at least 1,000 hours of work per
28       year.
29           (5) ``Entry date'' means the date as of which an eligible employer
30       joins the system; the first entry date pursuant to this act is January 1,
31       1967.
32           (6) ``Final average salary'' means:
33           (a) For members who are first hired as an employee, as defined in
34       subsection (4), before July 1, 1993, the average highest annual compen-
35       sation paid to a member for any three of the last five years of participating
36       service immediately preceding retirement or termination of employment,
37       or if participating service is less than three years, then the average annual
38       compensation paid to the member during the full period of participating
39       service, or if a member has less than one calendar year of participating
40       service, then the member's final average salary shall be computed by
41       multiplying the member's highest monthly salary received in that year by
42       12;
43           (b) for members who are first hired as an employee, as defined in

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  1       subsection (4), on and after July 1, 1993, the average highest annual salary,
  2       as defined in subsection (34) of K.S.A. 74-4902 and amendments thereto,
  3       paid to a member for any three of the last five years of participating
  4       service immediately preceding retirement or termination of employment,
  5       or if participating service is less than three years, then the average annual
  6       salary, as defined in subsection (34) of K.S.A. 74-4902 and amendments
  7       thereto, paid to the member during the full period of participating service,
  8       or if a member has less than one calendar year of participating service,
  9       then the member's final average salary shall be computed by multiplying
10       the member's highest monthly salary received in that year by 12;
11           (c) for purposes of subparagraphs (a) and (b) of this subsection, the
12       date that such member is first hired as an employee for members who
13       are employees of employers that elected to participate in the system on
14       or after January 1, 1994, shall be the date that such employee's employer
15       elected to participate in the system; and
16           (d) for any application to purchase or repurchase service credit for a
17       certain period of service as provided by law received by the system after
18       May 17, 1994, for any member who will have contributions deducted from
19       such member's compensation at a percentage rate equal to two or three
20       times the employee's rate of contribution or who will have contributions
21       deducted from such member's compensation at an additional rate of con-
22       tribution, in addition to the employee's rate of contribution as provided
23       in K.S.A. 74-4919 and amendments thereto or will begin paying to the
24       system a lump-sum amount for such member's purchase or repurchase,
25       and such deductions or lump-sum payment commences after the com-
26       mencement of the first payroll period in the third quarter, ``final average
27       salary'' shall not include any amount of compensation or salary which is
28       based on such member's purchase or repurchase. Any application to pur-
29       chase or repurchase multiple periods of service shall be treated as mul-
30       tiple applications.
31           (7) ``Retirement benefit'' means a monthly income or the actuarial
32       equivalent thereof paid in such manner as specified by the member as
33       provided under the system or as otherwise allowed to be paid at the
34       discretion of the board, with benefits accruing from the first day of the
35       month coinciding with or following retirement and ending on the last day
36       of the month in which death occurs. Upon proper identification such
37       surviving spouse may negotiate the warrant issued in the name of the
38       retirant.
39           (8) ``Normal retirement date'' means the date on or after which a
40       member may retire with eligibility for retirement benefits for age and
41       service as provided in subsections (1) and (3) of K.S.A. 74-4957 and
42       amendments thereto;
43           (9) ``Retirement system'' or ``system'' means the Kansas police and

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  1       firemen's retirement system as established by this act and as it may be
  2       hereafter amended.
  3           (10) ``Service-connected'' means with regard to a death or any phys-
  4       ical or mental disability, any such death or disability resulting from ex-
  5       ternal force, violence or disease occasioned by an act of duty as a police-
  6       man or fireman and, for any member after five years of credited service,
  7       includes any death or disability resulting from a heart disease or disease
  8       of the lung or respiratory tract or cancer as provided in this subsection,
  9       except that in the event that the member ceases to be a contributing
10       member except by reason of a service-connected disability for a period
11       of six months or more and then again becomes a contributing member,
12       the provision relating to death or disability resulting from a heart disease,
13       disease of the lung or respiratory tract or cancer as provided in this sub-
14       section shall not apply until such member has again become a contrib-
15       uting member for a period of not less than two years or unless clear and
16       precise evidence is presented that the heart disease, disease of the lung
17       or respiratory tract or cancer as provided in this subsection was in fact
18       occasioned by an act of duty as a policeman or fireman. The provisions
19       of this section relating to the presumption that the death or disability
20       resulting from cancer is service-connected shall only apply if the condition
21       that caused the death or disability is a type of cancer which may, in gen-
22       eral, result from exposure to heat, radiation or a known carcinogen.
23           (11) Prior to January 1, 1999, ``fireman'' or ``firemen'' means an em-
24       ployee assigned to the fire department and engaged in the fighting and
25       extinguishment of fires and the protection of life and property therefrom
26       or in support thereof and who is specifically designated, appointed, com-
27       missioned or styled as such by the governing body or city manager of the
28       participating employer and certified to the retirement system as such. On
29       and after January 1, 1999, ``fireman'' or ``firemen'' means an employee
30       assigned to the fire department whose principal duties are engagement in
31       the fighting and extinguishment of fires and the protection of life and
32       property therefrom and who is specifically designated, appointed, com-
33       missioned or styled as such by the governing body or city manager of the
34       participating employer and certified to the retirement system as such.
35           (12) Prior to January 1, 1999, ``police,'' ``policeman'' or ``policemen''
36       means an employee assigned to the police department and engaged in
37       the enforcement of law and maintenance of order within the state and its
38       political subdivisions, including sheriffs and sheriffs' deputies, or in sup-
39       port thereof and who is specifically designated, appointed, commissioned
40       or styled as such by the governing body or city manager of the partici-
41       pating employer and certified to the retirement system as such. On and
42       after January 1, 1999, ``police,'' ``policeman'' or ``policemen'' means an
43       employee assigned to the police department whose principal duties are

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  1       engagement in the enforcement of law and maintenance of order within
  2       the state and its political subdivisions, including sheriffs and sheriffs' dep-
  3       uties; who has successfully completed the required course of instruction
  4       for law enforcement officers approved by the Kansas law enforcement
  5       training center and is certified pursuant to the provisions of K.S.A. 74-
  6       5607a and amendments thereto; and who is specifically designated, ap-
  7       pointed, commissioned or styled as such by the governing body or city
  8       manager of the participating employer and certified to the retirement
  9       system as such.
10           (13) Except as otherwise defined in this act, words and phrases used
11       in K.S.A. 74-4951 et seq. and amendments thereto, shall have the same
12       meanings ascribed to them as are defined in K.S.A. 74-4902 and amend-
13       ments thereto.
14           Sec. 2. K.S.A. 1997 Supp. 74-4952 is hereby repealed.
15           Sec. 3. This act shall take effect and be in force from and after its
16       publication in the statute book.
17      
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