Session of 1999
         
SENATE BILL No. 309
         
By Committee on Judiciary
         
2-12
         

  9             AN  ACT concerning the Kansas police and firemen's retirement system;
10             relating to affiliation; election by employees; credit service; employee
11             and employer contributions.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) As used in this act:
15             (1) "Specified law enforcement officer" or "officer" means an en-
16       forcement agent and a liquor control investigator II with the division of
17       alcohol beverage control of the state department of revenue; an enforce-
18       ment agent with the Kansas lottery; an enforcement agent with the Kansas
19       racing and gaming commission; a securities special investigator I, II and
20       III with the office of the securities commissioner of Kansas; conservation
21       officers with the department of wildlife and parks; and fire investigators
22       with the office of state fire marshal; and
23             (2) "state agency with specified law enforcement officers" or
24       "agency" means the division of alcohol beverage control of the depart-
25       ment of revenue, Kansas lottery, Kansas racing and gaming commission,
26       office of the securities commissioner, department of wildlife and parks
27       and the office of state fire marshal.
28             (b) On and after the effective date of this act, a state agency with
29       specified law enforcement officers shall be an eligible employer as de-
30       fined in K.S.A. 74-4952 and amendments thereto. Such agency may af-
31       filiate with the Kansas police and firemen's retirement system established
32       under the provisions of K.S.A. 74-4951 et seq. and amendments thereto.
33       Such agency shall make application for affiliation with such system in the
34       manner provided by K.S.A. 74-4954 and amendments thereto, to be ef-
35       fective on July 1 next following application. Such agency shall affiliate for
36       prior and participating service credit. Such agency shall appropriate and
37       pay a sum sufficient to satisfy any obligations as certified by the board of
38       trustees of the retirement system and the employer contributions of such
39       agency shall be as provided in K.S.A. 74-4967 and amendments thereto.
40             (c)  (1) Each officer employed by such state agency on the date of
41       affiliation, may become a member of the Kansas police and firemen's
42       retirement system on the first day of the payroll period of such officer,
43       coinciding with or following the entry date of such state agency, only by
44       filing with the board of trustees of the system, on or before the entry date
45       of such state agency, a written election to become a member of the sys-
46       tem. Failure to file such written election shall be presumed to be an
47       election not to become a member of the system. Such election, whether
48       to become a member or not to become a member, shall be irrevocable.
49             (2) Each officer who is on an authorized leave of absence or is in the
50       military service on entry date of such state agency may become a member
51       of the Kansas police and firemen's retirement system on the first day of
52       the first payroll period of such officer, coinciding with such officer's re-
53       turn to active employment and payroll of the such state agency, only by
54       filing with the board of trustees of the system within 10 days after such
55       return to active employment a written election to become a member of
56       the system. Failure to file such written election shall be presumed to be
57       an election not to become a member of the system. Such election,
58       whether to become a member or not to become a member, shall be
59       irrevocable.
60             (c) Every person who is employed as an officer on or after the entry
61       date of such state agency into the Kansas police and firemen's retirement
62       system shall become a member of the Kansas police and firemen's re-
63       tirement system on the first day of such employment.
64             (d) Each such state agency which affiliates with the system as pro-
65       vided in this act and each officer who elects to become a member as
66       provided in this act shall be subject to the provisions of K.S.A. 74-4951
67       et seq. and amendments thereto as applicable.
68             (e) The division of the budget and the governor shall include in the
69       budget and in the budget request for appropriations for personnel serv-
70       ices the amount required to satisfy the employer's obligation under this
71       act as certified by the board of trustees of the system, and shall present
72       the same to the legislature for allowance and appropriations.
73        Sec.  2. This act shall take effect and be in force from and after its
74       publication in the statute book.