Session of 1999
Substitute for Senate Bill No. 55
By Committee on Federal and State Affairs
2-12
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
44 thereto, multiplied by the number of miles traveled by the usual route in
45 going to and returning from the member's place of residence for any
46 regular or special session of the legislature. Such mileage allowances al-
47 lowance shall be paid for not to exceed the equivalent of one trip for each
48 full week occurring between convening and adjournment sine die in any
49 regular or special session. The mileage allowance provided under the
50 provisions of this subsection shall not be subject to the restrictions relating
51 to the use of vehicles prescribed by K.S.A. 75-3203 and 75-3203a, and
52 amendments thereto, but shall only be allowed only for trips actually
53 made. Compensation and subsistence allowance shall not be allowed un-
54 der the provisions of subsections (a) and (b) of this section during any
55 period in which the legislature is adjourned for more than two days, Sun-
56 days excepted; and
57 (e) Whenever the rates of compensation of the pay plan for persons
58 in the classified service under the Kansas civil service act are increased
59 for payroll periods chargeable to fiscal years commencing after June 30,
60 1999, the rate of compensation per calendar day for members of the
61 legislature for service at any regular or special session of the legislature
62 shall be increased on the effective date of any such pay plan increase by
63 an amount computed by multiplying the average of the percentage in-
64 creases in all steps of such pay plan by the rate of compensation per
65 calendar day which is authorized by this section for service at any regular
66 or special session of the legislature for the day upon which such increase
67 is computed.
68 (e) The amount of compensation and allowance received pursuant to
69 subsections (a) and (c) for payroll periods chargeable to fiscal years com-
70 mencing after June 30, 2000, shall be adjusted in the same amount and
71 manner provided by K.S.A. 75-3120l, and amendments thereto.
72 Nothing in this subsection shall be construed as authorizing the pay-
73 ment of a longevity bonus to legislators under K.S.A. 75-5541, and amend-
74 ments thereto; and
75 (f) A member of the legislature may elect to continue to receive pay-
76 ments under this section for the first payroll period commencing after the
77 effective date of this act and ending with the last payroll period com-
78 mencing prior to January 8, 2001, at the amount authorized by this section
79 prior to amendment by this act. Such election shall be in the form and
80 manner prescribed by the director of the division of legislative adminis-
81 trative services. Such election may not be revoked. The provisions of this
82 subsection shall expire December 31, 2000.
83 Sec. 2. K.S.A. 1998 Supp. 74-4911f is hereby amended to read as
84 follows: 74-4911f. (a) Subject to procedures or limitations prescribed by
85 the governor, any person who is not an employee and who becomes a
86 state officer may elect to not become a member of the system. The elec-
87 tion to not become a member of the system must shall be filed within 90
88 days of assuming the position of state officer. Such election shall be ir-
89 revocable. If such election is not filed by such state officer, such state
90 officer shall be a member of the system.
91 (b) Any such state officer who is a member of the Kansas public
92 employees retirement system, on or after the effective date of this act,
93 may elect to not be a member by filing an election with the office of the
94 retirement system. The election to not become a member of the system
95 must be filed within 90 days of assuming the position of state officer. If
96 such election is not filed by such state officer, such state officer shall be
97 a member of the system.
98 (c) Subject to limitations prescribed by the secretary of administra-
99 tion, the state agency employing any employee who has filed an election
100 as provided under subsection (a) or (b) and who has entered into an
101 employee participation agreement, as provided in K.S.A. 75-5524 and
102 amendments thereto for deferred compensation pursuant to the Kansas
103 public employees deferred compensation plan shall contribute to such
104 plan on such employee's behalf an amount equal to 8% of the employee's
105 salary, as such salary has been approved pursuant to K.S.A. 75-2935b and
106 amendments thereto or as otherwise prescribed by law.
107 (d) On and after January 8, 2001, any member of the legislature as
108 described in subsection (e) who has entered into an employee participa-
109 tion agreement as provided in K.S.A. 75-5524 and amendments thereto
110 prior to such date and any such member who has not entered into such
111 an agreement may enter into an employee participation agreement as
112 provided in K.S.A. 75-5524 and amendments thereto and may elect to
113 have contributions made on such member's behalf as provided in subsec-
114 tion (c) by filing an election in the office of legislative administrative serv-
115 ices. For the purposes of determining contributions, the salary of a mem-
116 ber of the legislature shall include only those same amounts which are
117 included when determining contributions under K.S.A. 74-4995, and
118 amendments thereto. If such election is not filed by such member, such
119 contributions shall not be made on such member's behalf as provided in
120 subsection (c).
121 (e) As used in this section and K.S.A. 74-4927k and amendments
122 thereto, "state officer" means: The secretary of administration,; (2) sec-
123 retary on aging,; (3) secretary of commerce and housing,; (4) secretary of
124 corrections,; (5) secretary of health and environment,; (6) secretary of
125 human resources,; (7) secretary of revenue,; (8) secretary of social and
126 rehabilitation services,; (9) secretary of transportation,; (10) secretary of
127 wildlife and parks,; (11) superintendent of the Kansas highway patrol,;
128 (12) secretary of agriculture,; (13) executive director of the Kansas lot-
129 tery,; (14) executive director of the Kansas racing commission,; (15) pres-
130 ident of the Kansas development finance authority,; (16) state fire mar-
131 shal,; (17) state librarian,; (18) securities commissioner,; (19) adjutant
132 general,; (20) members of the state board of tax appeals,; (21) members
133 of the Kansas parole board,; (22) members of the state corporation com-
134 mission,; (23) any unclassified employee on the staff of officers of both
135 houses of the legislature,; (24) any unclassified employee appointed to
136 the governor's or lieutenant governor's staff and; (25) any person em-
137 ployed by the legislative branch of the state of Kansas, other than any
138 such person receiving service credited under the Kansas public employees
139 retirement system or any other retirement system of the state of Kansas
140 therefor, who elected to be covered by the provisions of this section as
141 provided in subsection (e) of K.S.A. 46-1302 and amendments thereto or
142 who is first employed on or after July 1, 1996, by the legislative branch
143 of the state of Kansas; and (26) on and after January 8, 2001, any member
144 of the legislature not receiving service credited under the Kansas public
145 employees retirement system or other retirement system of the state of
146 Kansas who has elected to be covered by the provisions of this section
147 pursuant to subsection (d).
148 (e) (f) The provisions of this section shall not apply to any state officer
149 who has elected to remain eligible for assistance by the state board of
150 regents as provided in subsection (a) of K.S.A. 74-4925 and amendments
151 thereto.
152 Sec. 3. K.S.A. 74-4995 is hereby amended to read as follows: 74-
153 4995. (a) For service as a member prior to January 8, 2001:
154 (1) Employer and employee contributions shall be governed by the
155 provisions of K.S.A. 74-4919 and 74-4920 and amendments thereto. For
156 purposes of contributions to and benefits under the Kansas public em-
157 ployees retirement system, except as provided in subsection (2), (3) or
158 (4), compensation of members under this act shall be a monthly amount
159 equal to the compensation to which the member was entitled for services
160 as a member of the legislature during the period January 15 to February
161 14, inclusive, of the most recent session in which the member has served
162 and employer and employee rate of contribution shall be applied to such
163 amounts monthly. The employee and employer contributions shall be
164 remitted to the system quarterly with a report of same as may be required
165 by the board. The employee contributions may be deducted from either
166 any compensation of the member or any expense allowance or reimburse-
167 ment of the member, or any combination thereof.
168 (2) For service as a member after July 18, 1982, a member of the
169 legislature may elect to participate with a rate of compensation that in-
170 cludes a monthly amount equal to 1/12 of the annualized amount received
171 for monthly allowance under subsection (c) of K.S.A. 46-137a and amend-
172 ments thereto. Such changes in the member's rate of compensation and
173 contributions shall be effective the first day of the payroll period coincid-
174 ing with or following the calendar quarter in which the election is received
175 by the board of trustees of the system. All elections shall be in the form
176 and manner prescribed by the board of trustees.
177 (3) For service as a member after July 18, 1982, and prior to the
178 effective date of this act, a member of the legislature may elect to partic-
179 ipate with a rate of compensation that includes a monthly amount equal
180 to 1/12th the annualized amount received for expenses allowance under
181 subsection (b) of K.S.A. 46-137a and amendments thereto. Upon such
182 election, such member of the legislature shall make a lump-sum payment
183 equivalent to 4% of such compensation, and the member's final average
184 salary shall be based on compensation added thereto.
185 (4) A member of the legislature may elect to participate with a rate
186 of compensation that includes a monthly amount equal to 1/12th the an-
187 nualized amount received for expenses allowance under subsection (b) of
188 K.S.A. 46-137a and amendments thereto. Such changes in the member's
189 rate of compensation and contributions shall be effective the first day of
190 the payroll period coinciding with or following the calendar quarter in
191 which the election is received by the board of trustees of the system. All
192 elections shall be in the form and manner prescribed by the board of
193 trustees.
194 (5) Any member of the legislature making one or more of the elec-
195 tions provided in this section subsection may not revoke such election or
196 elections while they remain a participating employee for service as a
197 member of the legislature.
198 (b) For service as a member on and after January 8, 2001, employer
199 and employee contributions shall be governed by the provisions of K.S.A.
200 74-4919 and 74-4920 and amendments thereto. For purposes of contri-
201 butions to and benefits under the Kansas public employees retirement
202 system, compensation of a member under this act shall be equal to com-
203 pensation to which the member was entitled under subsection (a)(2) of
204 K.S.A. 46-137a, and amendments thereto. For those pay periods in which
205 a member is entitled to the allowance under subsection (c) of K.S.A. 46-
206 137a, and amendments thereto, for purposes of contributions to and ben-
207 efits under the Kansas public employees retirement system, compensation
208 also shall include the amount of any allowance to which a member is
209 entitled pursuant to such subsection. The employer and employee rate of
210 contribution shall be applied to such amounts for each pay period. The
211 employee and employer contributions shall be remitted to the system
212 quarterly with a report of same as may be required by the board. The
213 employee contributions may be deducted from either any compensation
214 of the member or any expense allowance or reimbursement of the member,
215 or any combination thereof.
216 New Sec. 4. (a) Except as otherwise provided in subsection (b), any
217 member of the legislature serving a term of office commencing on or
218 after January 8, 2001, who: (1) Has not been granted a vested retirement
219 benefit in the system as provided in K.S.A. 74-4917 and amendments
220 thereto; (2) is participating in the deferred compensation plan as provided
221 in K.S.A. 74-4911f and amendments thereto; (3) has reached the early or
222 normal retirement dates as provided in K.S.A. 74-4914 and amendments
223 thereto; and (4) is still a member of the legislature at such time; shall be
224 eligible to receive a retirement benefit based on such member's years of
225 service notwithstanding the fact that such member has not been granted
226 a vested retirement benefit as provided in K.S.A. 74-4917 and amend-
227 ments thereto. Receipt of such retirement benefit shall be as otherwise
228 provided by law.
229 (b) If such member of the legislature terminates service as a member
230 of the legislature and becomes an eligible employee of a participating
231 employer of the system, such member of the legislature shall become a
232 member of the system and shall be subject to all provisions of K.S.A. 74-
233 4901 et seq. and amendments thereto including the vesting requirements
234 specified by K.S.A. 74-4917 and amendments thereto.
235 (c) The provisions of this section shall be part of and supplemental
236 to the provisions of K.S.A. 74-4901 et seq. and amendments thereto.
237 Sec. 5. K.S.A. 74-4995 and K.S.A. 1998 Supp. 46-137a and 74-4911f
238 are hereby repealed.
239 Sec. 6. This act shall take effect and be in force from and after its
240 publication in the statute book.