Session of 2000
HOUSE BILL No. 2890
By Representative Carmody
(By Request)
2-8
10 AN ACT
concerning retirement; relating to retirement system for
judges;
11 employment of
retirants; amending K.S.A. 20-2622 and repealing the
12 existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 20-2622 is hereby amended to read as follows:
20-
16 2622. (1) On and after the effective date
of this act, a retirant who retires
17 as provided in K.S.A. 20-2608 and
amendments thereto, may return to
18 temporary judicial duties while receiving
service retirement benefits.
19 Upon written agreement with the Kansas
supreme court prior to retire-
20 ment, such retirant shall be available to
perform assigned judicial duties
21 for not more than 104 days or 40% of each
year. Notwithstanding the
22 provisions of law in effect on the
retirement date of a retirant, such re-
23 tirant shall receive a stipend, payable
monthly, equal to 25% of the current
24 monthly salary of judges or justices
serving in the same position as that
25 held by the retirant at the time of
retirement. Such agreement shall be
26 for a period of not more than two years. A
retirant may enter into sub-
27 sequent agreements, except that the
aggregate of these agreements shall
28 not exceed 12 years.
29 (2) Within five
years after retirement, a retirant who did not enter
30 into an agreement as provided for in
subsection (1) prior to retirement
31 may enter into such a written agreement
within 30 days prior to any
32 anniversary date of retirement. Agreements
shall be signed by the chief
33 justice with the approval of a majority of
the justices of the Kansas su-
34 preme court.
35 (3) If a written
agreement is entered into pursuant to the provisions
36 of subsection (1), and notice is received
by the chief justice of the refusal
37 of the retirant to accept a temporary
assignment without just cause, the
38 written agreement shall be terminated.
39 (4) Nothing in
this act shall be construed to require a retirant of the
40 retirement system for judges to enter into
an agreement to perform tem-
41 porary judicial duties.
42 (5) Nothing in
this act shall be construed to limit the supreme court's
43 ability to make judicial assignments
pursuant to the provisions of K.S.A.
2
1 20-310b and 20-2616 and amendments
thereto; and the stipend provided
2 by this act shall not be counted
toward the annual limitation on compen-
3 sation provided in K.S.A. 20-2616 and
amendments thereto.
4 (6) Any
retirant who has fulfilled the requirements of an agreement
5 entered into pursuant to this act may
continue to accept judicial assign-
6 ments and shall be compensated for
such subsequent assignments in ac-
7 cordance with the provisions of
K.S.A. 20-310b and 20-2616 and amend-
8 ments thereto.
9 (7) If an
assignment given to a retirant in accordance with this act
10 will require the retirant to exceed the 104
day limitation provided in
11 subsection (1), the retirant shall be
compensated in accordance with the
12 provisions of K.S.A. 20-2616 and amendments
thereto.
13 (8) For purposes
of this act, "retirant" shall include any justice of the
14 Kansas supreme court, judge of the Kansas
court of appeals, and district
15 judge of any district court of Kansas who
retired pursuant to the provi-
16 sions of the retirement system for judges.
Retirant shall not include any
17 district magistrate judge.
18 (9) Any
retirant who enters into an agreement pursuant to this sec-
19 tion, may elect to receive service
credit for any service pursuant to this
20 section by filing with the retirement
system a notice of such intention in
21 such form and manner as the board
prescribes within 90 days of the
22 effective date of this act or within 90
days of first entering into such an
23 agreement. For retirants who have
entered into such an agreement prior
24 to the effective date of this act, such
retirant may elect to receive service
25 credit for service prior to the
effective date of this act. Any retirement
26 benefit paid as a result of service
credit earned pursuant to this section
27 shall be based on the retirant's stipend
paid pursuant to this section. Any
28 retirant who elects as provided by this
subsection shall pay the cost of
29 such election by means of a single
lump-sum payment in an amount equal
30 to the then present value of the
benefits being purchased as determined
31 by the actuary using the retirant's age,
annual compensation at the time
32 of purchase and the actuarial
assumptions and tables then in use by the
33 system.
34 Sec. 2. K.S.A. 20-2622 is hereby
repealed.
35 Sec. 3. This act shall
take effect and be in force from and after its
36 publication in the statute book.