Session of 1999
HOUSE BILL No. 2514
By Committee on Appropriations
2-17
9 AN ACT concerning state officers and employees; relating to accumu-
10 lated sick leave upon certain separations from state service; compen-
11 sation; credited service under certain retirement systems; amending
12 K.S.A. 75-5517 and K.S.A. 1998 Supp. 74-4913 and 74-4956 and re-
13 pealing the existing sections.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1998 Supp. 74-4913 is hereby amended to read as
17 follows: 74-4913. (1) Prior service shall be credited as follows:
18 (a) A member shall receive full credit for continuous employment
19 prior to the entry date with such member's employer on the entry date.
20 If the employee was also employed on March 15 of the year immediately
21 preceding the entry date of that employer, then all such previous em-
22 ployment, whether or not continuous, shall be credited; otherwise no
23 credit shall be granted for employment prior to a break in continuous
24 employment. Any member or retirant who was employed by any partic-
25 ipating employer on March 15 of the year immediately preceding the
26 entry date of that employer, may apply to the board on such forms as it
27 may prescribe for prior service credit with a participating employer other
28 than the member's entry date employer. Upon receipt of written verifi-
29 cation of such employment from the participating employer, the board
30 shall grant such additional prior service credit and with respect to a re-
31 tirant, shall adjust the amount of the retirement benefit accordingly com-
32 mencing with the next monthly benefit payment due following receipt of
33 the written verification, except that such retirant shall not be entitled to
34 any retroactive adjustment in the amount of such retirement benefit as a
35 result of the board granting such additional prior service credit. In the
36 case of any person other than a retirant receiving a retirement benefit,
37 such person may make application for an adjustment in the benefit
38 amount in the same manner as a member or retirant, and in such case
39 the adjustment in the benefit amount shall be determined by the board
40 upon the advice of the actuary, and shall commence with the next monthly
41 benefit payment due following receipt of the written verification;
42 (b) leaves of absence and military service shall not be counted as
43 breaks in continuous employment; however, military service which is im-
44 mediately preceded and followed by employment with a participating
45 employer shall be credited, except that after July 1, 1974, not more than
46 five years' credit for military service shall be granted hereunder to the
47 extent required under USERRA, but leaves of absence shall not be
48 credited;
49 (c) any member who was employed in the Kansas state employment
50 service, now a section of the Kansas division of employment security,
51 during any of the time the Kansas state employment service was loaned
52 by the state to the federal government (January 1, 1942, for the duration
53 of the emergency period of world war II, which service was returned to
54 the state by the federal government effective November 16, 1946) shall
55 be entitled to prior service credit for the time so employed during the
56 period stated for any service rendered under the jurisdiction of the United
57 States employment service for the federal government in like manner as
58 if the employment service had remained under the jurisdiction of the
59 state of Kansas;
60 (d) any member who is not otherwise eligible for service credit as
61 provided for in subsection (1)(a) may be granted credit for the service
62 upon the attainment of 38 quarters of participating service;
63 (e) any member who was employed by the university of Wichita prior
64 to July 1, 1964, shall be entitled to prior service credit for such time of
65 employment under the Kansas public employees retirement system,
66 when such employment is not the basis for other pension rights.
67 (2) Participating service shall be credited as follows: (a) A member
68 shall receive credit for participating service with a participating employer
69 in accordance with the rules and regulations established by the board of
70 trustees, except that no more than one calendar quarter of participating
71 service shall be credited for any employment within any one calendar
72 quarter;
73 (b) leaves of absence and military service shall not count as a break
74 in continuous employment. In the case of a leave of absence, the member
75 shall leave such member's accumulated contribution on deposit with the
76 fund; however, the period of military service shall be credited, except that
77 after July 1, 1974, not more than five years' credit for military service
78 shall be granted hereunder to the extent required under USERRA, but
79 leaves of absence shall not be credited. Employees who enter the military
80 service from their employment after the employer's entry date and who
81 have not completed one year of service at the time of their entry into the
82 military service, shall not become members of the retirement system until
83 they return to the employment of that or another participating employer.
84 In the case of such employee whose combined public employment and
85 military service does not equal one year at the time of such employee's
86 return to employment, the date of membership shall be the first day of
87 the payroll period coinciding with or following the completion of one
88 combined public employment and military year of service. Such service
89 shall be granted in accordance with this section;
90 (c) a period of retirement under the system or a period of total dis-
91 ability, immediately followed by employment with a participating em-
92 ployer, shall not count as a break in continuous employment, except that
93 such periods while not employed shall not be credited as participating
94 service;
95 (d) termination of employment, followed by employment with a par-
96 ticipating employer within five years after such termination, does not
97 constitute a break in continuous employment if such person has not with-
98 drawn such person's accumulated contribution. Such period while not
99 employed shall not be credited as participating service;
100 (e) Any member who retires from active service with a state agency
101 for which such member receives participating service credit and who re-
102 ceives compensation for accumulated sick leave in accordance with K.S.A.
103 75-5517 and amendments thereto shall receive credited service in the form
104 of participating service credit for all accumulated sick leave for which the
105 member receives no compensation under K.S.A. 75-5517 and amendments
106 thereto. When calculating years of participating service credit, such mem-
107 ber shall receive 1/26th of a year of participating service credit for each 80
108 hours of accumulated sick leave for which such member receives no com-
109 pensation under K.S.A. 75-5517 and amendments thereto.
110 (3) In determining the number of years of credited prior service or
111 participating service a fractional year of six months or more shall be con-
112 sidered as one year and a fractional year of less than six months shall be
113 disregarded.
114 Sec. 2. K.S.A. 1998 Supp. 74-4956 is hereby amended to read as
115 follows: 74-4956. (1) Prior service shall be credited as follows:
116 (a) Each member shall receive:
117 (i) Full credit for all employment, whether or not continuous, as ei-
118 ther a policeman or fireman prior to the entry date with such member's
119 employer who is such member's employer on the entry date;
120 (ii) full credit for all employment, whether or not continuous, as ei-
121 ther a police or fireman prior to the entry date of such police or firemen's
122 employer, with a participating employer, if such member has at least 20
123 years of credited service; and
124 (iii) for all continuous employment with the same employer other
125 than either as policeman or fireman, immediately preceding such service
126 as a policeman or fireman, one month of credit for each two months of
127 service. Any member or retirant who has been credited with prior service
128 as provided in this section may apply to the board on such forms as the
129 board prescribes for prior service credit with a participating employer
130 under the Kansas police and firemen's retirement system other than such
131 member's entry date employer. Each member shall receive full credit for
132 all employment as either a policeman or fireman with such other partic-
133 ipating employers and shall receive one month of credit for each two
134 months of continuous service with other participating employers for con-
135 tinuous employment preceding service as a policeman or fireman. Upon
136 receipt of written verification of such employment from such other par-
137 ticipating employer, the board may grant such additional prior service
138 credit. With respect to a retirant, the board shall adjust the amount of
139 the retirement benefit accordingly commencing with the next monthly
140 benefit payment due following receipt of written verification. In the case
141 of any person other than a retirant receiving a retirement benefit, such
142 person may make application for an adjustment in the benefit amount in
143 the same manner as a member or retirant, and in such case the adjustment
144 in the benefit amount shall be determined by the board upon the advice
145 of the actuary, and shall commence with the next monthly benefit pay-
146 ment due following receipt of written verification, except that no addi-
147 tional prior service credit shall be granted for any service with another
148 participating employer for which benefits are being received or will be
149 received. A retirant or any other person receiving a retirement benefit
150 shall not be entitled to any retroactive adjustment in the amount of re-
151 tirement benefit as a result of the board granting such additional prior
152 service credit.
153 If a member was employed as a fireman, other than as a volunteer
154 fireman, by a township which is annexed by a participating employer the
155 member's retirement benefits and death and disability benefits shall be
156 computed on the basis of credited service. Continuous service as a fire-
157 man with a township prior to annexation by a member, who became a
158 member immediately following the annexation, shall be considered cred-
159 ited service.
160 No such service shall be considered credited service for the purpose
161 of computing years of service if such fireman is receiving or will become
162 eligible to receive benefits as a result of such service with the township.
163 (b) Leaves of absence and military service shall not be counted as
164 breaks in continuous employment; however, military service which is pre-
165 ceded within 30 days and followed by employment with a participating
166 employer shall be credited, except that after July 1, 1974, not more than
167 five years credit for military service shall be granted hereunder to the
168 extent required by the provisions of USERRA, but leaves of absence shall
169 not be credited.
170 (2) Participating service shall be credited as follows: (a) A member
171 shall receive credit for participating service with a participating employer
172 in accordance with the rules and regulations established by the board. No
173 more than one calendar quarter of participating service shall be credited
174 for employment within any one calendar quarter.
175 (b) Leaves of absence shall not be counted as a termination of em-
176 ployment provided the member leaves such member's accumulated con-
177 tributions on deposit with the system and returns to employment with
178 the employer granting such leave; however, the period of leave of absence
179 shall not be credited service.
180 (c) To the extent required under the provisions of USERRA, military
181 service shall not count as a break in continuous employment.
182 (d) Termination of employment with a participating employer fol-
183 lowed by employment with the same or another participating employer
184 within two years shall not constitute a termination of membership pro-
185 vided the member leaves such member's accumulated contributions on
186 deposit with the system; however, the period while not employed shall
187 not be credited.
188 (e) Any member who retires from active service with a state agency
189 for which such member receives participating service credit and who re-
190 ceives compensation for accumulated sick leave in accordance with K.S.A.
191 75-5517 and amendments thereto shall receive credited service in the form
192 of participating service credit for all accumulated sick leave for which the
193 member receives no compensation under K.S.A. 75-5517 and amendments
194 thereto. When calculating years of participating service credit, such mem-
195 ber shall receive 1/26th of a year of participating service credit for each 80
196 hours of accumulated sick leave for which such member receives no com-
197 pensation under K.S.A. 75-5517 and amendments thereto.
198 (3) In determining the number of years of credited service for cal-
199 culation of retirement benefits a fractional year of six months or more of
200 credited service shall be considered as one year and a fractional year of
201 less than six months of credited service shall be disregarded.
202 Sec. 3. K.S.A. 75-5517 is hereby amended to read as follows: 75-
203 5517. (a) Each person retiring from the classified or unclassified service
204 of the state of Kansas who separates from state service and who has ac-
205 cumulated one hundred (100) days 400 hours or more of sick leave shall
206 receive at the time of retirement such separation, compensation for their
207 accumulated sick leave as follows:
208 (1) Compensation for not more than thirty (30) days 240 hours, if
209 such person has completed eight or more years of such service and has
210 accumulated at least one hundred (100) but less than one hundred
211 twenty-five (125) days 400 hours of sick leave;
212 (2) compensation for not more than forty-five (45) days 360 hours, if
213 such person has completed fifteen (15) 15 or more years of such service
214 and has accumulated at least one hundred twenty-five (125) but less than
215 one hundred fifty (150) days 500 hours of sick leave; and
216 (3) compensation for not more than sixty (60) days 480 hours, if such
217 person has completed twenty-five (25) 25 or more years of such service
218 and has accumulated one hundred fifty (150) days 600 hours of sick leave
219 or more.
220 (b) Retirement employee contributions shall be deducted from all
221 compensation for accumulated sick leave paid to each person who retires
222 and benefit calculations for such person shall include all such compen-
223 sation As used in this section, "separates from state service" means any
224 separation from or termination of employment of a state officer or em-
225 ployee from the classified or unclassified service of the state of Kansas,
226 including retirement or death, except that separates from state service
227 does not include:
228 (1) Any dismissal from the classified service of the state of Kansas in
229 accordance with and subject to the provisions of K.S.A. 75-2949, 75-
230 2949d, 75-2949e and 75-2949f and amendments thereto; or
231 (2) any dismissal from the unclassified service of the state of Kansas
232 either (A) for deficiencies in work performance or for personal conduct
233 detrimental to the state service, as determined in any such case by the
234 appointing authority, or (B) for any dismissal from the unclassified service
235 of the state of Kansas for any cause or basis specified or authorized by
236 any statute applicable thereto.
237 Sec. 4. K.S.A. 75-5517 and K.S.A. 1998 Supp. 74-4913 and 74-4956
238 are hereby repealed.
239 Sec. 5. This act shall take effect and be in force from and after its
240 publication in the statute book.