An Act concerning school employees; relating to compensation thereof; affecting the times of payment; amending K.S.A. 44-314 and 74-4940 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 74-4940 is hereby amended to read as follows: 74- 4940. (a) Subject to the provisions of subsection (b), all persons to whom the continuing contract law applies, K.S.A. 72-5410 to 72-5412, and amendments thereto, members in school employment who are subject to the continuing contract law shall be paid their contractual compensation in not less than 12 substantially equal installments, paid once, or more often, each month commencing in September of each school year.

(b) Upon written authorization from any person to whom the contin- uing contract law applies member in school employment who is subject to the continuing contract law, an employer shall pay the balance of such person's member's contractual compensation for the school year in one payment upon completion of all contractual obligations of the person member. The authorization shall be filed with the employer not later than April 1 of the school year in and for which the balance payment is first authorized. A written authorization under this subsection shall remain in effect until revoked in writing by the person member filing the authori- zation. So long as the authorization of such person member remains in effect, the balance of the person's member's contractual compensation shall be paid each school year in accordance with the provisions of this subsection. Such payment shall be made no later than June 30 of the school year. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive secretary at the time monthly deductions and quarterly reports would normally be made under K.S.A. 74-4919, and amendments thereto, if the authorization for one payment was not in effect.

(c) Notwithstanding the provisions of subsections (a) and (b), each person, to whom the continuing contract law applies member in school employment who is subject to the continuing contract law, who has com- pleted the balance of the person's such member's contractual obligations and retires prior to the end of a school year under K.S.A. 74-4937, and amendments thereto, shall be paid the balance of the person's member's contractual compensation in one payment during the calendar month immediately preceding the date of retirement. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive secretary at the time monthly deductions and reports are made under K.S.A. 74-4919, and amendments thereto, for the period in which the payment is made except that such report and remittance shall not include any amount which would have been reported normally in the next ensuing period under subsection (b). No employee contribution deduction shall be made from such amount and such amount shall not be included as compensa- tion in determining the member's final average salary.

(d) An employer of members in school employment who are not sub- ject to the continuing contract law may adopt a policy providing that any or all such members shall be paid their contractual compensation each school year in not less than 12 substantially equal installments, paid once, or more often, each month commencing in the first month of any such member's school employment. A copy of any such policy shall be provided to each such member in school employment.

(e) As used in this section, the term ``school employment'' means the employment of a member when employed by an eligible employer as spec- ified in any of subsections (1), (2) or (3) of K.S.A. 74-4931, and amend- ments thereto.

Sec. 2. K.S.A. 44-314 is hereby amended to read as follows: 44-314. (a) Every employer shall pay all wages due to his or her the employees of the employer at least once during each calendar month, on regular pay- days designated in advance by the employer, in lawful money of the United States or with checks or drafts which are negotiable in the com- munity wherein the place of employment is located. In lieu of payment by money, checks or drafts, the secretary may approve for any employer a plan of payment by bank deposits to employee's accounts.

(b) The end of the pay period for which payment is made on a regular payday shall be not more than fifteen (15) 15 days before such regular payday unless a variance in such requirement is authorized by state or federal law.

Sec. 3. K.S.A. 44-314 and 74-4940 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 10, 1996.