An Act concerning school employees; relating to compensation thereof; affecting the times of payment; amending K.S.A. 44-314 and 74-4940 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-4940 is hereby amended to read as follows:
74- 4940. (a) Subject to the provisions of subsection (b), all
persons to whom the continuing contract law applies, K.S.A.
72-5410 to 72-5412, and amendments thereto, members in
school employment who are subject to the continuing contract
law shall be paid their contractual compensation in not less
than 12 substantially equal installments, paid once, or more often,
each month commencing in September of each school year.
(b) Upon written authorization from any
person to whom
the contin- uing contract law applies member in school
employment who is subject to the continuing contract law, an
employer shall pay the balance of such person's
member's contractual compensation for the school year in one
payment upon completion of all contractual obligations of the
person member. The authorization shall be
filed with the employer not later than April 1 of the school year
in and for which the balance payment is first authorized. A written
authorization under this subsection shall remain in effect until
revoked in writing by the person member
filing the authori- zation. So long as the authorization of such
person member remains in effect, the
balance of the person's member's
contractual compensation shall be paid each school year in
accordance with the provisions of this subsection. Such payment
shall be made no later than June 30 of the school year. For the
purposes of the Kansas public employees retirement system, the
employer shall make the appropriate employee contribution deduction
from the payment and shall report and remit the amount so deducted
to the executive secretary at the time monthly deductions and
quarterly reports would normally be made under K.S.A.
74-4919, and amendments thereto, if the authorization
for one payment was not in effect.
(c) Notwithstanding the provisions of subsections (a) and (b),
person, to whom the continuing contract law
applies member in school employment who is subject to
the continuing contract law, who has com- pleted the balance of
the person's such member's contractual
obligations and retires prior to the end of a school year under
K.S.A. 74-4937, and amendments thereto, shall be paid the balance
of the person's member's contractual
compensation in one payment during the calendar month immediately
preceding the date of retirement. For the purposes of the Kansas
public employees retirement system, the employer shall make the
appropriate employee contribution deduction from the payment and
shall report and remit the amount so deducted to the executive
secretary at the time monthly deductions and reports are made under
K.S.A. 74-4919, and amendments thereto, for the period in
which the payment is made except that such report and remittance
shall not include any amount which would have been reported
normally in the next ensuing period under subsection (b). No
employee contribution deduction shall be made from such amount and
such amount shall not be included as compensa- tion in determining
the member's final average salary.
(d) An employer of members in school employment who are not sub- ject to the continuing contract law may adopt a policy providing that any or all such members shall be paid their contractual compensation each school year in not less than 12 substantially equal installments, paid once, or more often, each month commencing in the first month of any such member's school employment. A copy of any such policy shall be provided to each such member in school employment.
(e) As used in this section, the term ``school employment'' means the employment of a member when employed by an eligible employer as spec- ified in any of subsections (1), (2) or (3) of K.S.A. 74-4931, and amend- ments thereto.
Sec. 2. K.S.A. 44-314 is hereby amended to read as follows:
44-314. (a) Every employer shall pay all wages due to
or her the employees of the employer at
least once during each calendar month, on regular pay- days
designated in advance by the employer, in lawful money of the
United States or with checks or drafts which are negotiable in the
com- munity wherein the place of employment is located. In lieu of
payment by money, checks or drafts, the secretary may approve for
any employer a plan of payment by bank deposits to employee's
(b) The end of the pay period for which payment is made on a
regular payday shall be not more than
15 days before such regular payday unless a variance in
such requirement is authorized by state or federal law.
Sec. 3. K.S.A. 44-314 and 74-4940 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 10, 1996.