The creation of the Promoting Employment Across Kansas (PEAK) Act, was passed by the 2009 Kansas
Legislature. PEAK is intended to encourage economic development in Kansas by incenting companies
to relocate, locate or expand business operations and jobs in Kansas. The Secretary of Commerce
has discretion to approve applications of qualified companies and determine the PEAK benefit.
During the benefit term, participating PEAK companies may receive 95 percent (95%) of the Kansas
withholding tax of PEAK-Eligible employees/jobs that are paid at or above the county median
wage where the PEAK business facility is located. Depending on the number of PEAK jobs/employees
to be hired over a five-year period and their wage levels, the Secretary can approve a PEAK
benefit for up to 10 years.
PEAK requires the qualified company to commit to creating five new jobs in non-metropolitan counties
or 10 new jobs in the metropolitan counties of Shawnee, Douglas, Wyandotte, Johnson,
Leavenworth and Sedgwick within a two-year period. The qualified company must also pay wages
to the PEAK jobs/employees, that when aggregated, meet or exceed the county median wage or
North American Industry Classification System (NAICS) average wage for their industry.
Qualified applicants include for-profit companies in eligible NAICS codes and not-for-profit
headquarters facilities. Such companies must make available to its full-time employees
“adequate” health insurance coverage (see PEAK Guidelines and Application Definitions)
and be paying at least 50% of the premium.