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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  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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  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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  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.

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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