HB 2541--
Session of 1997
By Committee on Appropriations

9 AN ACT concerning the retirement system for judges; relating to retire- 10 ment annuity for disabled judges; amending K.S.A. 20-2609 and re- 11 pealing the existing section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 20-2609 is hereby amended to read as follows: 20- 15 2609. (a) Any judge who has become permanently physically or mentally 16 disabled and who is not entitled to retire under K.S.A. 20-2608 and 17 amendments thereto may, upon being found so disabled by the supreme 18 court, retire under this section, and upon such retirement such judge 19 shall be entitled to receive an annuity, each monthly payment of which 20 shall be in an amount equal to 3.5% of the final average salary of the 21 judge, determined as provided in subsection (b) of K.S.A. 20-2610 and 22 amendments thereto, multiplied by the number of total years of service, 23 but for any judge who becomes disabled as provided in this section on or 24 after July 1, 1997, such monthly benefits shall be at least 25% 50% but 25 shall not exceed 70% of the final average salary of the judge, determined 26 as provided in subsection (b) of K.S.A. 20-2610 and amendments thereto. 27 (b) Any judge, or the conservator of any judge, desiring to retire un- 28 der the provisions of this section shall file an application for such retire- 29 ment with the clerk of the supreme court, which application shall be in 30 such form and contain such information as the supreme court shall re- 31 quire. The court may require such judge to be examined by a physician 32 appointed by the court and may require such other evidence and proof 33 of disability as it deems necessary to reach a determination as to whether 34 such judge is so permanently disabled. If the supreme court shall deter- 35 mine that any such judge is so permanently disabled it shall promptly 36 notify the board and thereupon such judge shall be placed on retirement 37 by the board and monthly receive the retirement annuity as provided in 38 this section. 39 (c) Any judge receiving an annuity under the provisions of this section 40 shall be considered an active judge for the purposes of K.S.A. 20-2608 41 and amendments thereto and shall, upon reaching age 65 or upon making 42 application for retirement, have such judge's retirement under this sec- 43 tion terminated and such judge shall be placed on retirement under the HB 2541

 1  provisions of K.S.A. 20-2608 and amendments thereto.
 2    (d)  In the event that a judge eligible for a disability annuity authorized
 3  by this section shall be disabled for a period of five years or more im-
 4  mediately preceding retirement, such judge's final average salary shall be
 5  adjusted upon retirement by the actuarial salary assumption rates in ex-
 6  istence during such period of disability. Effective July 1, 1993, such jud-
 7  ge's final average salary shall be adjusted upon retirement by 5% for each
 8  year of disability after July 1, 1993.
 9    (e)  The provisions of law in effect on the retirement date of a judge
10  under the retirement system for judges shall govern the retirement ben-
11  efit payable to the judge, any joint annuitant and any beneficiary.
12    Sec. 2.  K.S.A. 20-2609 is hereby repealed.
13    Sec. 3.  This act shall take effect and be in force from and after its
14  publication in the statute book.