Chapter 93

(Amended by Chapter 266)

An Act concerning the secretary of agriculture; relating to the powers and duties thereof; concerning retirement benefits; amending K.S.A. 1995 Supp. 74-4911f and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. In addition to the specific powers and duties con- ferred upon the secretary of agriculture by the laws of this state, the secretary is hereby authorized to:

(a) Make and enter into contracts and agreements necessary or in- cidental to the execution of the laws relating to the department of agri- culture; and

(b) foster and promote the development and economic welfare of the agricultural industry of the state.

Sec. 2. K.S.A. 1995 Supp. 74-4911f is hereby amended to read as follows: 74-4911f. (a) Subject to procedures or limitations prescribed by the governor, any state officer may elect to not become a member of the system.

(b) (1) Any such state officer described in subsection (a) who is a member of the Kansas public employees retirement system, on or after the effective date of this act, may elect to not be a member by filing an election with the office of the retirement system. Each state officer filing such election may withdraw the state officer's accumulated contributions then on deposit with the system in the same manner as prescribed in K.S.A. 74-4917 and amendments thereto for employees upon termina- tion.

(2) Any state officer who has filed an election and received a refund of contributions shall be entitled to again become a member of the system upon the filing of proper notice in such form as prescribed by the system and upon the making of a single lump-sum payment in an amount equal to all withdrawn contributions, plus interest at a rate specified by the system.

(c) Subject to limitations prescribed by the secretary of administra- tion, the state agency employing any employee who has filed an election as provided under subsection (a) or (b) and who has entered into an employee participation agreement, as provided in K.S.A. 75-5524 and amendments thereto for deferred compensation pursuant to the Kansas public employees deferred compensation plan shall contribute to such plan on such employee's behalf an amount equal to 8% of the employee's salary, as such salary has been approved pursuant to K.S.A. 75-2935b and amendments thereto or as otherwise prescribed by law.

(d) As used in this section and K.S.A. 74-4927k and amendments thereto, ``state officer'' means the secretary of administration, secretary on aging, secretary of commerce and housing, secretary of corrections, secretary of health and environment, secretary of human resources, sec- retary of revenue, secretary of social and rehabilitation services, secretary of transportation, secretary of wildlife and parks, superintendent of the Kansas highway patrol, secretary of agriculture, state grain inspector, ex- ecutive director of the Kansas lottery, executive director of the Kansas racing commission, president of the Kansas development finance author- ity, state fire marshal, state librarian, securities commissioner, adjutant general, members of the state board of tax appeals, members of the Kan- sas parole board, members of the state corporation commission, any un- classified employee on the staff of officers of both houses of the legislature and any unclassified employee appointed to the governor's or lieutenant governor's staff.

(e) The provisions of this section shall not apply to any state officer who has elected to remain eligible for assistance by the state board of regents as provided in subsection (a) of K.S.A. 74-4925 and amendments thereto.

Sec. 3. K.S.A. 1995 Supp. 74-4911f is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved March 29, 1996.

Published in the Kansas Register: April 4, 1996.