Session of 1998
HOUSE BILL No. 2952
By Representatives Storm, Ballard, Benlon, Correll, Crow,
Dillon, Fin-
dley,
Flaharty, Gilbert, Huff, McClure, Nichols, E. Peterson, Phelps,
Powers,
Reardon, Samuelson, Sawyer, Sharp, Swenson, Toelkes, Tom-
linson and
Welshimer
2-13
12 AN ACT concerning the
Kansas public employees retirement system and
13 systems thereunder;
relating to employment after retirement; amend-
14 ing K.S.A. 1997 Supp.
74-4914, 74-4957 and 74-4957a and repealing
15 the existing
sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section 1. K.S.A.
1997 Supp. 74-4914 is hereby amended to read as
19 follows: 74-4914. (1) The normal retirement
date for a member of the
20 system shall be the first day of the month
coinciding with or following
21 the attainment of age 65 or, commencing
July 1, 1986, age 65 or age 60
22 with the completion of 35 years of credited
service or at any age with the
23 completion of 40 years of credited service,
or commencing July 1, 1993,
24 any alternative normal retirement date
already prescribed by law or age
25 62 with the completion of 10 years of
credited service or the first day of
26 the month coinciding with or following the
date that the total of the
27 number of years of credited service and the
number of years of attained
28 age of the member is equal to or more than
85. In no event shall a normal
29 retirement date for a member be before six
months after the entry date
30 of the participating employer by whom such
member is employed. A
31 member may retire on the normal retirement
date or on the first day of
32 any month thereafter upon the filing with
the office of the retirement
33 system of an application in such form and
manner as the board shall
34 prescribe. Nothing herein shall prevent any
person, member or retirant
35 from being employed, appointed or elected
as an employee, appointee,
36 officer or member of the legislature.
Elected officers may retire from the
37 system on any date on or after the
attainment of the normal retirement
38 date, but no retirement benefits payable
under this act shall be paid until
39 the member has terminated such member's
office.
40 (2) No retirant shall
make contributions to the system or receive serv-
41 ice credit for any service after the date
of retirement.
42 (3) Any member who is an
employee of an affiliating employer pur-
43 suant to K.S.A. 74-4954b and amendments
thereto and has not withdrawn
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2
1 such member's accumulated
contributions from the Kansas police and
2 firemen's retirement system may
retire before such member's normal
3 retirement date on the first day of
any month coinciding with or following
4 the attainment of age 55.
5 (4) Any member may
retire before such member's normal retirement
6 date on the first day of any month
coinciding with or following the at-
7 tainment of age 55 with the
completion of 10 years of credited service,
8 but in no event before six months
after the entry date, upon the filing
9 with the office of the retirement
system of an application for retirement
10 in such form and manner as the board shall
prescribe.
11 (5) If a retirant who
retired on or after July 1, 1988, is employed or
12 appointed in or to any position or office
for which compensation for serv-
13 ice is paid, during
calendar years 1988 through 1990, in an amount equal
14 to $6,000 or more in any one such
calendar year; during calendar year
15 1991, in an amount equal to $9,720
or more; during calendar year 1992,
16 in an amount equal to $10,200 or
more; during calendar year 1993, in an
17 amount equal to $10,560 or more;
during calendar year 1994, in an
18 amount equal to $11,160 or more; or
during calendar year 1995 during
19 calendar year 1998, in an amount equal
to $14,500 or more; during cal-
20 endar year 1999, in an amount equal to
$15,500 or more; during calendar
21 year 2000, in an amount equal to $17,000
or more; during calendar year
22 2001, in an amount equal to $25,000 or
more; or during calendar year
23 2002 and all calendar years
thereafter, in an amount equal to
$11,280
24 $30,000 or more in any one such
calendar year, by any participating em-
25 ployer for which such retirant was employed
or appointed during the final
26 two years of such retirant's participation,
such retirant shall not receive
27 any retirement benefit for any month for
which such retirant serves in
28 such position or office. Any retirant
employed by a participating employer
29 shall not make contributions nor receive
additional credit under such
30 system for such service except as provided
by this section. Upon request
31 of the executive secretary of the system,
the secretary of revenue shall
32 provide such information as may be needed
by the executive secretary to
33 carry out the provisions of this act. The
provisions of this subsection shall
34 not apply to retirants employed as
substitute teachers or officers, em-
35 ployees, appointees or members of the
legislature or any other elected
36 officials.
37 (6) For purposes of this
section, any employee of a local governmental
38 unit which has its own pension plan who
becomes an employee of a
39 participating employer as a result of a
merger or consolidation of services
40 provided by local governmental units, which
occurred on January 1, 1994,
41 may count service with such local
governmental unit in determining
42 whether such employee has met the years of
credited service require-
43 ments contained in this section.
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3
1
Sec. 2. K.S.A. 1997 Supp. 74-4957 is hereby amended to
read as
2 follows: 74-4957. (1) The normal
retirement date for a member of the
3 system who is appointed or employed
prior to July 1, 1989, and who does
4 not make an election pursuant to
K.S.A. 74-4955a shall be the first day
5 of the month coinciding with or
following the attainment of age 55 and
6 the completion of 20 years of
credited service. Any member may retire
7 on such member's normal retirement
date or on the first day of any month
8 thereafter.
9 (2) Early
retirement. Any member who is appointed or employed
10 prior to July 1, 1989, and who does not
make an election pursuant to
11 K.S.A. 74-4955a and amendments thereto may
retire before such mem-
12 ber's normal retirement date on the first
day of any month coinciding
13 with or following the attainment of age 50
and the completion of 20 years
14 of credited service.
15 (3) Notwithstanding the
provisions of subsections (1) and (2) of this
16 section and K.S.A. 74-4955a, 74-4957a,
74-4958a, 74-4960a, 74-4963a and
17 74-4964a and amendments thereto, the normal
retirement date for any
18 member who was, up to the entry date of
such member's employer, cov-
19 ered by a pension system under the
provisions of K.S.A. 13-14a01 to
20 13-14a14, inclusive, or 14-10a01 to
14-10a15, inclusive, and amendments
21 thereto, shall be the first day of the
month coinciding with or following
22 the attainment of age 50 and the completion
of 25 years of credited serv-
23 ice.
24 (4) In no event shall a
member be eligible to retire until such member
25 has been a contributing member of the
system for 12 months of partici-
26 pating service, and shall have given such
member's employer prior notice
27 of retirement.
28 (5) If a retirant who
retired on or after July 1, 1994, is employed,
29 elected or appointed in or to any position
or office for which compensa-
30 tion for service is paid,
during calendar year 1994, in an amount equal
to
31 $11,160 or more; or during calendar
year 1995 during calendar year 1998,
32 in an amount equal to $14,500 or more;
during calendar year 1999, in an
33 amount equal to $15,500 or more; during
calendar year 2000, in an
34 amount equal to $17,000 or more; during
calendar year 2001, in an
35 amount equal to $25,000 or more; or
during calendar year 2002 and all
36 calendar years thereafter, in an amount
equal to $11,280 $30,000 or
more
37 in any one such calendar year, by the same
state agency or the same police
38 or fire department of any county, city,
township or special district or the
39 same sheriff's office of a county during
the final two years of such retir-
40 ant's participation, such retirant shall
not receive any retirement benefit
41 for any month for which such retirant
serves in such position or office.
42 Any retirant employed by a participating
employer in the Kansas police
43 and firemen's retirement system shall not
make contributions nor receive
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4
1 additional credit under such system
for such service except as provided
2 by this section. Upon request of the
executive secretary of the system,
3 the secretary of revenue shall
provide such information as may be needed
4 by the executive secretary to carry
out the provisions of this act.
5
Sec. 3. K.S.A. 1997 Supp. 74-4957a is hereby amended to
read as
6 follows: 74-4957a. (1) The normal
retirement date for a member of the
7 system who is appointed or employed
on or after July 1, 1989, or who
8 makes an election pursuant to K.S.A.
74-4955a and amendments thereto
9 to be covered by the provisions of
this act shall be the first day of the
10 month coinciding with or following the
attainment of age 55 and the
11 completion of 20 years of credited service,
age 50 and the completion of
12 25 years of credited service or age 60 with
the completion of 15 years of
13 credited service. Any such member may
retire on such member's normal
14 retirement date or on the first day of any
month thereafter.
15 (2) Any member may
retire before such member's normal retirement
16 date on the first day of any month
coinciding with or following the at-
17 tainment of age 50 and the completion of 20
years of credited service.
18 (3) In no event shall a
member be eligible to retire until such member
19 has been a contributing member of the
system for 12 months of partici-
20 pating service, and shall have given such
member's employer prior notice
21 of retirement.
22 (4) If a retirant who
retired on or after July 1, 1996, is employed,
23 elected or appointed in or to any position
or office for which compensa-
24 tion for service is paid,
during calendar year 1995 during
calendar year
25 1998, in an amount equal to $14,500 or
more; during calendar year 1999,
26 in an amount equal to $15,500 or more;
during calendar year 2000, in an
27 amount equal to $17,000 or more; during
calendar year 2001, in an
28 amount equal to $25,000 or more; or
during calendar year 2002 and all
29 calendar years thereafter, in an amount
equal to $11,280 $30,000 or
more
30 in any one such calendar year, by the same
state agency or the same police
31 or fire department of any county, city,
township or special district or the
32 same sheriff's office of a county during
the final two years of such retir-
33 ant's participation, such retirant shall
not receive any retirement benefit
34 for any month for which such retirant
serves in such position or office.
35 Any retirant employed by a participating
employer in the Kansas police
36 and firemen's retirement system shall not
make contributions nor receive
37 additional credit under such system for
such service except as provided
38 by this section. Upon request of the
executive secretary of the system,
39 the secretary of revenue shall provide such
information as may be needed
40 by the executive secretary to carry out the
provisions of this act.
41 (5) The provisions of
this section shall be effective on and after July
42 1, 1989, and shall apply only to members
who were appointed or em-
43 ployed prior to July 1, 1989, and who made
an election pursuant to K.S.A.
HB 2952
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1 74-4955a and amendments thereto; and
persons appointed or employed
2 on or after July 1, 1989.
3
Sec. 4. K.S.A. 1997 Supp. 74-4914, 74-4957 and 74-4957a
are hereby
4 repealed.
5 Sec. 5. This
act shall take effect and be in force from and after its
6 publication in the statute book.
7
8