---

Session of 2000
          SENATE BILL No. 649           By Committee on Federal and State Affairs           2-23          

---

10             AN  ACT concerning retirement and pensions; relating to the Kansas
11             public employees retirement system; relating to correction of system
12             errors; amending K.S.A. 1999 Supp. 74-4924 and repealing the existing
13             section.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 74-4924 is hereby amended to read as
17       follows: 74-4924. (1) Any person who shall knowingly make any false
18       statement, or who shall falsify or permit to be falsified any record nec-
19       essary for carrying out the intent of this act for the purpose of committing
20       fraud, shall be subject to the provisions of K.S.A. 21-3904 and amend-
21       ments thereto.
22             (2) Should any error in any records or in any calculation of the Kansas
23       public employees retirement system result in any member or beneficiary
24       receiving more or less than he would have been entitled to receive had
25       the records or calculations been correct, the board shall correct such
26       error, and, as far as practicable, make future payments in such a manner
27       that the actuarial equivalent of the benefit to which such member or
28       beneficiary was entitled shall be paid and may recover any overpayments.
29       Notwithstanding the provisions of this section, on and after the effective
30       date of this act, the board shall not collect any benefit overpayment, at-
31       tributable to errors in the calculation of benefits by the system that re-
32       sulted in such overpayments to any person that first occurred after and
33       as a result of a statutory increase in benefits passed by the legislature in
34       1993, and there is no evidence of fraud or other misconduct on the part
35       of the person receiving the benefit. In the event a member has withdrawn,
36       all or part of, such member's accumulated contributions in a manner not
37       in compliance with the provisions of this act or the regulations of the
38       system the amount of such withdrawal, plus interest at a rate specified
39       by the board, shall be deducted from any amounts, including group in-
40       surance benefits, which shall become due the member or such member's
41       beneficiaries under the provisions of this act. 
42       Sec.  2. K.S.A. 1999 Supp. 74-4924 is hereby repealed.
43         Sec.  3. This act shall take effect and be in force from and after its

2
  1       publication in the statute book.