Session of 2000
By Representative Carmody
(By Request)

10             AN  ACT concerning retirement; relating to retirement system for judges;
11             employment of retirants; amending K.S.A. 20-2622 and repealing the
12             existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 20-2622 is hereby amended to read as follows: 20-
16       2622. (1) On and after the effective date of this act, a retirant who retires
17       as provided in K.S.A. 20-2608 and amendments thereto, may return to
18       temporary judicial duties while receiving service retirement benefits.
19       Upon written agreement with the Kansas supreme court prior to retire-
20       ment, such retirant shall be available to perform assigned judicial duties
21       for not more than 104 days or 40% of each year. Notwithstanding the
22       provisions of law in effect on the retirement date of a retirant, such re-
23       tirant shall receive a stipend, payable monthly, equal to 25% of the current
24       monthly salary of judges or justices serving in the same position as that
25       held by the retirant at the time of retirement. Such agreement shall be
26       for a period of not more than two years. A retirant may enter into sub-
27       sequent agreements, except that the aggregate of these agreements shall
28       not exceed 12 years.
29             (2) Within five years after retirement, a retirant who did not enter
30       into an agreement as provided for in subsection (1) prior to retirement
31       may enter into such a written agreement within 30 days prior to any
32       anniversary date of retirement. Agreements shall be signed by the chief
33       justice with the approval of a majority of the justices of the Kansas su-
34       preme court.
35             (3) If a written agreement is entered into pursuant to the provisions
36       of subsection (1), and notice is received by the chief justice of the refusal
37       of the retirant to accept a temporary assignment without just cause, the
38       written agreement shall be terminated.
39             (4) Nothing in this act shall be construed to require a retirant of the
40       retirement system for judges to enter into an agreement to perform tem-
41       porary judicial duties.
42             (5) Nothing in this act shall be construed to limit the supreme court's
43       ability to make judicial assignments pursuant to the provisions of K.S.A.


  1       20-310b and 20-2616 and amendments thereto; and the stipend provided
  2       by this act shall not be counted toward the annual limitation on compen-
  3       sation provided in K.S.A. 20-2616 and amendments thereto.
  4             (6) Any retirant who has fulfilled the requirements of an agreement
  5       entered into pursuant to this act may continue to accept judicial assign-
  6       ments and shall be compensated for such subsequent assignments in ac-
  7       cordance with the provisions of K.S.A. 20-310b and 20-2616 and amend-
  8       ments thereto.
  9             (7) If an assignment given to a retirant in accordance with this act
10       will require the retirant to exceed the 104 day limitation provided in
11       subsection (1), the retirant shall be compensated in accordance with the
12       provisions of K.S.A. 20-2616 and amendments thereto.
13             (8) For purposes of this act, "retirant" shall include any justice of the
14       Kansas supreme court, judge of the Kansas court of appeals, and district
15       judge of any district court of Kansas who retired pursuant to the provi-
16       sions of the retirement system for judges. Retirant shall not include any
17       district magistrate judge.
18             (9) Any retirant who enters into an agreement pursuant to this sec-
19       tion, may elect to receive service credit for any service pursuant to this
20       section by filing with the retirement system a notice of such intention in
21       such form and manner as the board prescribes within 90 days of the
22       effective date of this act or within 90 days of first entering into such an
23       agreement. For retirants who have entered into such an agreement prior
24       to the effective date of this act, such retirant may elect to receive service
25       credit for service prior to the effective date of this act. Any retirement
26       benefit paid as a result of service credit earned pursuant to this section
27       shall be based on the retirant's stipend paid pursuant to this section. Any
28       retirant who elects as provided by this subsection shall pay the cost of
29       such election by means of a single lump-sum payment in an amount equal
30       to the then present value of the benefits being purchased as determined
31       by the actuary using the retirant's age, annual compensation at the time
32       of purchase and the actuarial assumptions and tables then in use by the
33       system. 
34       Sec.  2. K.S.A. 20-2622 is hereby repealed.
35        Sec.  3. This act shall take effect and be in force from and after its
36       publication in the statute book.