Session of 1998
                   
HOUSE BILL No. 2937
         
By Representative Edmonds
         
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            9             AN ACT concerning the retirement system for judges; relating to service
10             credit purchase; amending K.S.A. 20-2610 and repealing the existing
11             section.
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13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 20-2610 is hereby amended to read as follows:
15       20-2610. (a) (1) A judge who retires under K.S.A. 20-2608, and amend-
16       ments thereto, shall be entitled to receive an annual annuity payable in
17       monthly amounts subject to subsection (b), each   monthly payment such
18       annual annuity of which shall be in an amount equal to the total of 5%
19       of the final average salary of the judge, determined as provided in sub-
20       section (b), multiplied by the number of the judge's years of service up
21       to 10 years, and 3.5% of the final average salary of the judge, determined
22       as provided in subsection (b), multiplied by the number of the judge's
23       years of service in excess of 10 years, but such   monthly benefits annual
24       annuity shall not exceed 70% of the final average salary of such judge,
25       determined as provided in subsection (b). A judge who retires under
26       K.S.A. 20-2608 and amendments thereto, and who became a member of
27       the system after June 30, 1987, shall be entitled to receive an annual
28       annuity payable in monthly amounts subject to subsection (b), each
29         monthly payment such annual amount of which shall be in an amount
30       equal to the total of 3.5% of the final average salary of the judge, deter-
31       mined as provided in subsection (b), multiplied by the number of the
32       judge's years of service, but such   monthly benefits annual annuity shall
33       not exceed 70% of the final average salary of the judge, determined as
34       provided in subsection (b).
35           (2) For purposes of this subsection, the date of membership for a
36       district magistrate judge who became a member of the system as provided
37       by K.S.A. 20-2620 and amendments thereto and who purchased service
38       as provided in subsection (c) of K.S.A. 20-2620 and amendments thereto
39       shall be the day such district magistrate judge became a district magistrate
40       judge and if such district magistrate judge's membership date as deter-
41       mined in this subsection is earlier than July 1, 1987, such district mag-
42       istrate judge shall be entitled to the 5% of final average salary calculation
43       for up to 10 years of service as provided in this subsection. Any additional

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  1       cost associated with the provisions of this subsection shall be paid by such
  2       district magistrate judge by means of a single lump-sum payment or equal
  3       annual payments for not to exceed five years. The lump-sum or annual
  4       payments shall be determined by the system's actuary by using the mem-
  5       ber's final average salary at the time of application, actuarial assumptions
  6       and tables currently in use by the system and the member's attained age.
  7       No participating employer shall pay all or any part of any cost associated
  8       with the provisions of this subsection. Notwithstanding any other provi-
  9       sion of this subsection, any district magistrate judge, who became a dis-
10       trict magistrate judge earlier than July 1, 1987, and who elected to pur-
11       chase service as provided in subsection (c) of K.S.A. 20-2620 and
12       amendments thereto prior to the effective date of this act at the rate of
13       3.5%, may elect to purchase service at the 5% rate for up to 10 years of
14       service as provided in this subsection an additional amount of 1.5% of
15       final average salary for each of such years of employment of such district
16       magistrate judge as otherwise provided in this subsection. Such district
17       magistrate judge may purchase such service by making application there-
18       for prior to date of retirement at an additional rate of contribution in
19       addition to the district magistrate judge's rate of contribution as provided
20       in K.S.A. 20-2603 and amendments thereto, based upon the district mag-
21       istrate judge's attained age at the time of purchase and using actuarial
22       assumptions and tables in use by the retirement system at the time of such
23       purchase. Such additional rate of contribution shall commence at the be-
24       ginning of the quarter following such election and shall remain in effect
25       until all quarters of such service have been purchased. No participating
26       employer shall pay the cost, or any part thereof, of any service authorized
27       to be purchased by a district magistrate judge under this subsection.
28           (b) For any judge who retires under K.S.A. 20-2608 or 20-2609, and
29       amendments thereto, on or after July 1, 1975, the annuity shall be based
30       on the final average salary of such judge as provided in this subsection.
31       The final average salary of a judge who becomes permanently physically
32       or mentally disabled and who is retired under K.S.A. 20-2608 or 20-2609,
33       and amendments thereto, shall be determined as if such judge had retired
34       on the date such judge became permanently physically or mentally disa-
35       bled. The final average salary of a former judge whose service is termi-
36       nated without retiring and who later retires under K.S.A. 20-2608, and
37       amendments thereto, shall be determined as if such former judge had
38       retired at the time such service was terminated.
39           In the case of judges who retire on or after July 1, 1993, the final
40       average salary shall mean the average highest annual salary paid to the
41       judge for any three years of the last 10 years of service as a judge im-
42       mediately preceding retirement or termination of employment, or if serv-
43       ice as a judge is less than three years, then the final average salary shall

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  1       be the average annual salary paid to the judge during the full period of
  2       service as a judge, or if service as a judge is less than one year, then the
  3       final average salary shall be computed by multiplying the amount of
  4       monthly salary such judge was receiving at the time of retirement by 12.
  5           (c) The provisions of law in effect on the retirement date of a judge
  6       under the retirement system for judges shall govern the retirement ben-
  7       efit payable to the judge, any joint annuitant and any beneficiary.
  8           Sec. 2. K.S.A. 20-2610 is hereby repealed.
  9           Sec. 3. This act shall take effect and be in force from and after its
10       publication in the statute book.
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