Session of 1997
HOUSE BILL No. 2430
By Representatives Storm, Ballard, Benlon, Crow, Findley, Flaharty,
Flora, Gilbert, Gilmore, Haley, Horst, Klein, Kuether, McKinney, E.
Peterson, Phelps, Sawyer, Sharp, Toelkes, Tomlinson and Wells
11 AN ACT concerning the Kansas public employees retirement system;
12 relating to employment after retirement; amending K.S.A. 1996 Supp.
13 74-4914 and repealing the existing section.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1996 Supp. 74-4914 is hereby amended to read as
17 follows: 74-4914. (1) The normal retirement date for a member of the
18 system shall be the first day of the month coinciding with or following
19 the attainment of age 65 or, commencing July 1, 1986, age 65 or age 60
20 with the completion of 35 years of credited service or at any age with the
21 completion of 40 years of credited service, or commencing July 1, 1993,
22 any alternative normal retirement date already prescribed by law or age
23 62 with the completion of 10 years of credited service or the first day of
24 the month coinciding with or following the date that the total of the
25 number of years of credited service and the number of years of attained
26 age of the member is equal to or more than 85. In no event shall a normal
27 retirement date for a member be before six months after the entry date
28 of the participating employer by whom such member is employed. A
29 member may retire on the normal retirement date or on the first day of
30 any month thereafter upon the filing with the office of the retirement
31 system of an application in such form and manner as the board shall
32 prescribe. Nothing herein shall prevent any person, member or retirant
33 from being employed, appointed or elected as an employee, appointee,
34 officer or member of the legislature. Elected officers may retire from the
35 system on any date on or after the attainment of the normal retirement
36 date, but no retirement benefits payable under this act shall be paid until
37 the member has terminated such member's office.
38 (2) No retirant shall make contributions to the system or receive serv-
39 ice credit for any service after the date of retirement.
40 (3) Any member who is an employee of an affiliating employer pur-
41 suant to K.S.A. 74-4954b and amendments thereto and has not withdrawn
42 such member's accumulated contributions from the Kansas police and
43 firemen's retirement system may retire before such member's normal
1 retirement date on the first day of any month coinciding with or following
2 the attainment of age 55.
3 (4) Any member may retire before such member's normal retirement
4 date on the first day of any month coinciding with or following the at-
5 tainment of age 55 with the completion of 10 years of credited service,
6 but in no event before six months after the entry date, upon the filing
7 with the office of the retirement system of an application for retirement
8 in such form and manner as the board shall prescribe.
9 (5) If a retirant who retired on or after July 1, 1988, is employed or
10 appointed in or to any position or office for which compensation for serv-
11 ice is paid
, during calendar years 1988 through 1990, in an amount equal
12 to $6,000 or more in any one such calendar year; during calendar year
13 1991, in an amount equal to $9,720 or more; during calendar year 1992,
14 in an amount equal to $10,200 or more; during calendar year 1993, in an
15 amount equal to $10,560 or more; during calendar year 1994, in an
16 amount equal to $11,160 or more; or during calendar year 1995 and all
17 calendar years thereafter, during calendar year 1997 and all calendar
18 years thereafter in an amount equal to $11,280 $13,500 or more in any
19 one such calendar year, by any participating employer for which such
20 retirant was employed or appointed during the final two years of such
21 retirant's participation, such retirant shall not receive any retirement ben-
22 efit for any month for which such retirant serves in such position or office.
23 Any retirant employed by a participating employer shall not make con-
24 tributions nor receive additional credit under such system for such service
25 except as provided by this section. Upon request of the executive secretary
26 of the system, the secretary of revenue shall provide such information as
27 may be needed by the executive secretary to carry out the provisions of
28 this act. The provisions of this subsection shall not apply to retirants em-
29 ployed as substitute teachers or officers, employees, appointees or mem-
30 bers of the legislature or any other elected officials.
31 (6) For purposes of this section, any employee of a local governmental
32 unit which has its own pension plan who becomes an employee of a
33 participating employer as a result of a merger or consolidation of services
34 provided by local governmental units, which occurred on January 1, 1994,
35 may count service with such local governmental unit in determining
36 whether such employee has met the years of credited service require-
37 ments contained in this section.
38 Sec. 2. K.S.A. 1996 Supp. 74-4914 is hereby repealed.
39 Sec. 3. This act shall take effect and be in force from and after its
40 publication in the statute book.