Session of 1999
         
HOUSE BILL No. 2566
         
By Committee on Federal and State Affairs
         
3-18
         
  9             AN  ACT concerning legislative compensation and benefits; amending
10             K.S.A. 74-4995 and K.S.A. 1998 Supp. 46-137a and 74-4911f and re-
11             pealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 46-137a is hereby amended to read as
15       follows: 46-137a. In addition to the compensation provided for by K.S.A.
16       46-137b, 46-137e and 75-3212, and amendments thereto, each member
17       of the legislature shall receive the following amounts:
18             (a)  (1) The sum of $72.06 $83.40 per calendar day for service at any
19       regular or special session, except as otherwise provided in subsection (e)
20       of the legislature;
21             (2) commencing with the first pay period chargeable to fiscal year
22       2000, an annual salary of $12,000.04 for services as a member of the
23       legislature. Such salary shall be paid at a biweekly rate of $461.54;
24             (b) the sum of $80 per calendar day for subsistence allowance for any
25       regular or special session of the legislature, except that. If the amounts
26       allowable for the capital city of Kansas under applicable federal law and
27       regulations to employees of the executive branch of the federal govern-
28       ment for per diem expenses, while away from home but serving in the
29       United States, are amounts which total greater than $80, then each mem-
30       ber of the legislature shall receive such greater total amount per calendar
31       day for subsistence allowance for any regular or special session of the
32       legislature;
33             (c) an allowance of $270 commencing with the first pay period
34       chargeable to fiscal year 2000, a constituent services allowance of $450
35       for the two-week period which coincides with the first biweekly payroll
36       period commencing in April and for each of the 19 ensuing two-week
37       periods thereafter, to defray expenses incurred between sessions of the
38       legislature for while providing constituent services. Such expenses shall
39       include, but not be limited to, travel expenses, postage, telephone, office
40       and other incidental expenses attributable to the provision of constituent
41       services;
42             (d) an allowance for mileage in an amount equal to the rate per mile
43       prescribed under the provisions of K.S.A. 75-3203a, and amendments

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  1       thereto, multiplied by the number of miles traveled by the usual route in
  2       going to and returning from the member's place of residence for any
  3       regular or special session of the legislature. Such mileage allowances al-
  4       lowance shall be paid for not to exceed the equivalent of one trip for each
  5       full week occurring between convening and adjournment sine die in any
  6       regular or special session. The mileage allowance provided under the
  7       provisions of this subsection shall not be subject to the restrictions relating
  8       to the use of vehicles prescribed by K.S.A. 75-3203 and 75-3203a, and
  9       amendments thereto, but shall only be allowed only for trips actually
10       made. Compensation and subsistence allowance shall not be allowed un-
11       der the provisions of subsections (a) and (b) of this section during any
12       period in which the legislature is adjourned for more than two days, Sun-
13       days excepted; and
14             (e) Whenever the rates of compensation of the pay plan for persons
15       in the classified service under the Kansas civil service act are increased
16       for payroll periods chargeable to fiscal years commencing after June 30,
17       1999, the rate of compensation per calendar day for members of the
18       legislature for service at any regular or special session of the legislature
19       shall be increased on the effective date of any such pay plan increase by
20       an amount computed by multiplying the average of the percentage in-
21       creases in all steps of such pay plan by the rate of compensation per
22       calendar day which is authorized by this section for service at any regular
23       or special session of the legislature for the day upon which such increase
24       is computed.
25             (e) The amount of compensation and allowance received pursuant to
26       subsections (a) and (c) for payroll periods chargeable to fiscal years com-
27       mencing after June 30, 2000, shall be adjusted in the same amount and
28       manner provided by K.S.A. 75-3120l, and amendments thereto.
29             Nothing in this subsection shall be construed as authorizing the pay-
30       ment of a longevity bonus to legislators under K.S.A. 75-5541, and amend-
31       ments thereto; and
32             (f) A member of the legislature may elect to continue to receive pay-
33       ments under this section for the first payroll period commencing after the
34       effective date of this act and ending with the last payroll period com-
35       mencing prior to January 8, 2001, at the amount authorized by this section
36       prior to amendment by this act. Such election shall be in the form and
37       manner prescribed by the director of the division of legislative adminis-
38       trative services. Such election may not be revoked. The provisions of this
39       subsection shall expire December 31, 2000.
40             Sec.  2. K.S.A. 1998 Supp. 74-4911f is hereby amended to read as
41       follows: 74-4911f. (a) Subject to procedures or limitations prescribed by
42       the governor, any person who is not an employee and who becomes a
43       state officer may elect to not become a member of the system. The elec-

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  1       tion to not become a member of the system must shall be filed within 90
  2       days of assuming the position of state officer. Such election shall be ir-
  3       revocable. If such election is not filed by such state officer, such state
  4       officer shall be a member of the system.
  5             (b) Any such state officer who is a member of the Kansas public
  6       employees retirement system, on or after the effective date of this act,
  7       may elect to not be a member by filing an election with the office of the
  8       retirement system. The election to not become a member of the system
  9       must be filed within 90 days of assuming the position of state officer. If
10       such election is not filed by such state officer, such state officer shall be
11       a member of the system.
12             (c) Subject to limitations prescribed by the secretary of administra-
13       tion, the state agency employing any employee who has filed an election
14       as provided under subsection (a) or (b) and who has entered into an
15       employee participation agreement, as provided in K.S.A. 75-5524 and
16       amendments thereto for deferred compensation pursuant to the Kansas
17       public employees deferred compensation plan shall contribute to such
18       plan on such employee's behalf an amount equal to 8% of the employee's
19       salary, as such salary has been approved pursuant to K.S.A. 75-2935b and
20       amendments thereto or as otherwise prescribed by law.
21             (d) On and after January 8, 2001, any member of the legislature as
22       described in subsection (e) who has entered into an employee participa-
23       tion agreement as provided in K.S.A. 75-5524 and amendments thereto
24       prior to such date and any such member who has not entered into such
25       an agreement may enter into an employee participation agreement as
26       provided in K.S.A. 75-5524 and amendments thereto and may elect to
27       have contributions made on such member's behalf as provided in subsec-
28       tion (c) by filing an election in the office of legislative administrative serv-
29       ices. For the purposes of determining contributions, the salary of a mem-
30       ber of the legislature shall include only those same amounts which are
31       included when determining contributions under K.S.A. 74-4995, and
32       amendments thereto. If such election is not filed by such member, such
33       contributions shall not be made on such member's behalf as provided in
34       subsection (c).
35             (e) As used in this section and K.S.A. 74-4927k and amendments
36       thereto, "state officer" means: The secretary of administration,; (2) sec-
37       retary on aging,; (3) secretary of commerce and housing,; (4) secretary of
38       corrections,; (5) secretary of health and environment,; (6) secretary of
39       human resources,; (7) secretary of revenue,; (8) secretary of social and
40       rehabilitation services,; (9) secretary of transportation,; (10) secretary of
41       wildlife and parks,; (11) superintendent of the Kansas highway patrol,;
42       (12) secretary of agriculture,; (13) executive director of the Kansas lot-
43       tery,; (14) executive director of the Kansas racing commission,; (15) pres-

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  1       ident of the Kansas development finance authority,; (16) state fire mar-
  2       shal,; (17) state librarian,; (18) securities commissioner,; (19) adjutant
  3       general,; (20) members of the state board of tax appeals,; (21) members
  4       of the Kansas parole board,; (22) members of the state corporation com-
  5       mission,; (23) any unclassified employee on the staff of officers of both
  6       houses of the legislature,; (24) any unclassified employee appointed to
  7       the governor's or lieutenant governor's staff and; (25) any person em-
  8       ployed by the legislative branch of the state of Kansas, other than any
  9       such person receiving service credited under the Kansas public employees
10       retirement system or any other retirement system of the state of Kansas
11       therefor, who elected to be covered by the provisions of this section as
12       provided in subsection (e) of K.S.A. 46-1302 and amendments thereto or
13       who is first employed on or after July 1, 1996, by the legislative branch
14       of the state of Kansas; and (26) on and after January 8, 2001, any member
15       of the legislature not receiving service credited under the Kansas public
16       employees retirement system or other retirement system of the state of
17       Kansas who has elected to be covered by the provisions of this section
18       pursuant to subsection (d).
19             (e) (f) The provisions of this section shall not apply to any state officer
20       who has elected to remain eligible for assistance by the state board of
21       regents as provided in subsection (a) of K.S.A. 74-4925 and amendments
22       thereto.
23             Sec.  3. K.S.A. 74-4995 is hereby amended to read as follows: 74-
24       4995. (a) For service as a member prior to January 8, 2001:
25             (1) Employer and employee contributions shall be governed by the
26       provisions of K.S.A. 74-4919 and 74-4920 and amendments thereto. For
27       purposes of contributions to and benefits under the Kansas public em-
28       ployees retirement system, except as provided in subsection (2), (3) or
29       (4), compensation of members under this act shall be a monthly amount
30       equal to the compensation to which the member was entitled for services
31       as a member of the legislature during the period January 15 to February
32       14, inclusive, of the most recent session in which the member has served
33       and employer and employee rate of contribution shall be applied to such
34       amounts monthly. The employee and employer contributions shall be
35       remitted to the system quarterly with a report of same as may be required
36       by the board. The employee contributions may be deducted from either
37       any compensation of the member or any expense allowance or reimburse-
38       ment of the member, or any combination thereof.
39             (2) For service as a member after July 18, 1982, a member of the
40       legislature may elect to participate with a rate of compensation that in-
41       cludes a monthly amount equal to 1/12 of the annualized amount received
42       for monthly allowance under subsection (c) of K.S.A. 46-137a and amend-
43       ments thereto. Such changes in the member's rate of compensation and

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  1       contributions shall be effective the first day of the payroll period coincid-
  2       ing with or following the calendar quarter in which the election is received
  3       by the board of trustees of the system. All elections shall be in the form
  4       and manner prescribed by the board of trustees.
  5             (3) For service as a member after July 18, 1982, and prior to the
  6       effective date of this act, a member of the legislature may elect to partic-
  7       ipate with a rate of compensation that includes a monthly amount equal
  8       to 1/12th the annualized amount received for expenses allowance under
  9       subsection (b) of K.S.A. 46-137a and amendments thereto. Upon such
10       election, such member of the legislature shall make a lump-sum payment
11       equivalent to 4% of such compensation, and the member's final average
12       salary shall be based on compensation added thereto.
13             (4) A member of the legislature may elect to participate with a rate
14       of compensation that includes a monthly amount equal to 1/12th the an-
15       nualized amount received for expenses allowance under subsection (b) of
16       K.S.A. 46-137a and amendments thereto. Such changes in the member's
17       rate of compensation and contributions shall be effective the first day of
18       the payroll period coinciding with or following the calendar quarter in
19       which the election is received by the board of trustees of the system. All
20       elections shall be in the form and manner prescribed by the board of
21       trustees.
22             (5) Any member of the legislature making one or more of the elec-
23       tions provided in this section subsection may not revoke such election or
24       elections while they remain a participating employee for service as a
25       member of the legislature.
26             (b) For service as a member on and after January 8, 2001, employer
27       and employee contributions shall be governed by the provisions of K.S.A.
28       74-4919 and 74-4920 and amendments thereto. For purposes of contri-
29       butions to and benefits under the Kansas public employees retirement
30       system, compensation of a member under this act shall be equal to com-
31       pensation to which the member was entitled under subsection (a)(2) of
32       K.S.A. 46-137a, and amendments thereto. For those pay periods in which
33       a member is entitled to the allowance under subsection (c) of K.S.A. 46-
34       137a, and amendments thereto, for purposes of contributions to and ben-
35       efits under the Kansas public employees retirement system, compensation
36       also shall include the amount of any allowance to which a member is
37       entitled pursuant to such subsection. The employer and employee rate of
38       contribution shall be applied to such amounts for each pay period. The
39       employee and employer contributions shall be remitted to the system
40       quarterly with a report of same as may be required by the board. The
41       employee contributions may be deducted from either any compensation
42       of the member or any expense allowance or reimbursement of the member,
43       or any combination thereof.

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  1             New Sec.  4. (a) Except as otherwise provided in subsection (b), any
  2       member of the legislature serving a term of office commencing on or
  3       after January 8, 2001, who: (1) Has not been granted a vested retirement
  4       benefit in the system as provided in K.S.A. 74-4917 and amendments
  5       thereto; (2) is participating in the deferred compensation plan as provided
  6       in K.S.A. 74-4911f and amendments thereto; (3) has reached the early or
  7       normal retirement dates as provided in K.S.A. 74-4914 and amendments
  8       thereto; and (4) is still a member of the legislature at such time; shall be
  9       eligible to receive a retirement benefit based on such member's years of
10       service notwithstanding the fact that such member has not been granted
11       a vested retirement benefit as provided in K.S.A. 74-4917 and amend-
12       ments thereto. Receipt of such retirement benefit shall be as otherwise
13       provided by law.
14             (b) If such member of the legislature terminates service as a member
15       of the legislature and becomes an eligible employee of a participating
16       employer of the system, such member of the legislature shall become a
17       member of the system and shall be subject to all provisions of K.S.A. 74-
18       4901 et seq. and amendments thereto including the vesting requirements
19       specified by K.S.A. 74-4917 and amendments thereto.
20             (c) The provisions of this section shall be part of and supplemental
21       to the provisions of K.S.A. 74-4901 et seq. and amendments thereto. 
22       Sec.  5. K.S.A. 74-4995 and K.S.A. 1998 Supp. 46-137a and 74-4911f
23       are hereby repealed.
24        Sec.  6. This act shall take effect and be in force from and after its
25       publication in the statute book.