Brief ⁽¹⁾

The bill would allow unclassified Regents employees who serve in the Legislature to continue to be eligible for certain employee benefits paid by the Regents university while on leave of absence to attend legislative sessions. The bill would provide for continued employer contributions, both for retirement and for death and disability benefits, to be made on behalf of unclassified employees while serving in the Legislature. The Regents university would be responsible for paying any costs associated with such benefit contributions, if an employee on leave who serves in the Legislature makes an election for assistance by the State Board of Regents. The new provision would be effective upon publication on July 1 in the Session Laws of Kansas, and would be retroactive to the start of the 2001 Legislative Session on January 8, 2001.

Background

A member of the House of Representatives testified in support of the bill during hearings before the House Budget Committee on KPERS issues. It was indicated that at least two current legislators would benefit from the proposed legislation. Because of membership in another state-sponsored retirement plan, legislators from Regents universities do not receive certain benefits that other legislators received if they elected membership in KPERS.

Under current law, unclassified Regents employees on leaves of absence to serve in the Legislature are not eligible for membership in KPERS, and therefore do not have retirement, death, or disability benefits paid by the state during their legislative tenure. State law prohibits simultaneous memberships in two different state-sponsored retirement plans. Unclassified Regents employees generally are participants in a state-sponsored defined contribution plan offered by the State Board of Regents under section 403(b) of the Internal Revenue Code, rather than KPERS which is a 401(a) defined benefit plan.

Also under current law, unclassified employees of any Regents institutions who serve in the Executive Branch may elect to continue certain employee benefits paid by a university while on leave of absence to work for a state agency. The Regents university is responsible for paying any employer costs associated with retirement, death, and disability contributions, if an employee on leave makes an election for assistance by the State Board of Regents.

HB 2566 would amend current law to provide that unclassified Regents employees elected or appointed to the Legislative Branch would be eligible for the same benefits that they might elect if serving in the Executive Branch and on leave of absence from a Regents university.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi