Session of 1999
HOUSE BILL No. 2524
By Committee on Appropriations
9 AN ACT concerning retirement; relating to state officers and employees;
10 concerning exempting the department of corrections from making cer-
11 tain position reductions based on state employee retirements; amend-
12 ing K.S.A. 1998 Supp. 75-6801 and repealing the existing section.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1998 Supp. 75-6801 is hereby amended to read as
16 follows: 75-6801. (a) As used in this section:
17 (1) "Executive secretary" means the executive secretary of the Kansas
18 public employees retirement system.
19 (2) "F.T.E. positions" means the number of full time and regular part
20 time positions equated to full time, excluding seasonal and temporary
21 positions, paid from appropriations.
22 (3) "Head of the governmental branch" means the governor, in the
23 case of the executive branch; and the legislative coordinating council, in
24 the case of the legislative branch.
25 (4) "Retiree" means any person electing to retire pursuant to K.S.A.
26 74-4914, and amendments thereto, except that "retiree" shall not include
27 any person who is retiring from a position which provides direct care for
28 patients at Topeka state hospital, Osawatomie state hospital, Rainbow
29 mental health facility or Larned state hospital, Kansas neurological insti-
30 tute, Parsons state hospital and training center, Winfield state hospital
31 and training center, university of Kansas medical center, Atchison juvenile
32 correctional facility, Beloit juvenile correctional facility, Larned juvenile
33 correctional facility, Topeka juvenile correctional facility, Kansas soldiers'
34 home and Kansas veterans' home.
35 (b) The executive secretary shall provide the head of the govern-
36 mental branch notice of the name, employing state agency and retirement
37 date of each retiree retiring after the effective date of this act and such
38 other information that may be prescribed by the head of the govern-
39 mental branch.
40 (c) (1) Upon receipt of each notice pursuant to subsection (b) re-
41 garding a retiree employed by a state agency in the executive branch, the
42 governor shall direct the secretary of administration to reduce by one the
43 number of F.T.E. positions authorized for the state agency that employed
HB 2524 2
1 the retiree and reduce the expenditure authority of such state agency in
2 an amount attributable to the amount of unused salary and employer-
3 paid benefits attributable to the retiree's job position.
4 (2) Upon receipt of each notice pursuant to subsection (c) regarding
5 a retiree employed by a state agency in the legislative branch, the legis-
6 lative coordinating council shall reduce by one the number of F.T.E.
7 positions for the state agency that employed the retiree and reduce the
8 expenditure authority of such state agency in an amount attributable to
9 the retiree's job position.
10 (d) (1) For reductions made in the executive branch of government,
11 the governor is authorized to restore or allocate, to any state agency or
12 agencies within the executive branch, no more than 3/4 of the F.T.E.
13 positions and expenditure authority reductions made pursuant to subsec-
14 tion (c)(1), except that, upon request of the governor, the reduced num-
15 ber of authorized F.T.E. positions and the reduced amount of expendi-
16 ture authority established under subsection (c)(1) for a state agency in
17 the executive branch of government may be increased upon approval by
18 the state finance council acting on this matter which is hereby character-
19 ized as a matter of legislative delegation and subject to the guidelines
20 prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
21 (2) For reductions made in the legislative branch of government, the
22 legislative coordinating council is authorized to restore or allocate, to any
23 state agency or agencies within the legislative branch, no more than 3/4 of
24 the F.T.E. positions and expenditure authority reductions made pursuant
25 to subsection (c)(2), except that, upon request of the agency head, the
26 reduced number of authorized F.T.E. positions and the reduced amount
27 of expenditure authority established under subsection (c) for a state
28 agency in the legislative branch of government may be increased upon
29 approval by the legislative coordinating council.
30 (e) The secretary of administration is authorized to prescribe such
31 policies and procedures as may be deemed necessary to carry out the
32 provisions of this section.
33 (f) Provisions of this section shall not apply to the department of
35 Sec. 2. K.S.A. 1998 Supp. 75-6801 is hereby repealed.
36 Sec. 3. This act shall take effect and be in force from and after its
37 publication in the statute book.