12-5008.   Option of certain members of local police or fire pension plansfor KP&F system membership.(a) Each active or inactive vested member of a local policeor fire pension plan, which ismaintained and funded by a city which has affiliated prior to the effectivedate of this act with the Kansas police and firemen's retirement systemwith regard to all active members and retired members of such plan asprovided in K.S.A. 74-4954 and amendments thereto, who elected not to become amember of the system prior to the effective date of this act, maybecome a member of the system by filing a written statement of electionto become a member of the system with the board of trustees on orafter July 1, 1994, but not later than December 31, 1994.As a part of such written statement of election, such active member shall electwhether to be covered by the provisions of K.S.A. 74-4957a, 74-4958a, 74-4960a,74-4963a and 74-4964a and amendments thereto or not to be covered by suchprovisions.Each election as provided by this section shall be effective on the first dayof the first payroll period of the calendar quarter coinciding with orfollowing the date of such filing.Failure to file such written statement of election shall be presumed to be anelection not to become a member of the system. Such election, whetherto become a member or not to become a member as provided in thissection, shall be irrevocable.

      (b)   Except as otherwise provided in this act, any active member of alocal police or fire pension plan who elects to become a member of theKansas police and firemen's retirement system as provided in thissection, shall be subject to the provisions of K.S.A. 12-5001 et seq. and74-4951 et seq. and amendments thereto.

      (c)   For any such active member who elects to become a member of the Kansaspolice and firemen's retirement system as provided in this section, the term"final average salary" meansaverage highest annual compensation paid to such member for service as apoliceman or fireman for any three of the five years immediately precedingretirement or termination of service, notwithstanding the definition of suchterm in K.S.A. 74-4952 and amendments thereto.For purposes of this section, compensation includes any amount of compensationfor accumulated sick leave or vacation or annual leave paid to such member.The date that such active member who elects to become a member ofthe system as provided in this section is first hired as an employee shallmean the date that such active member became a member of the system as providedin this act.

      (d)   Any benefits which first become payable on or after the effective dateof this act for any such active member who elects to become a member of theKansas police and firemen's retirement system as provided in this section,shall be reduced by an amount equal to the value of the difference betweencontributions actually made by such active member and contributions which wouldhave been made had such member always been a member of the Kansas police andfiremen's retirement system. The amount of reduction shall be made by the boardupon the advice of the actuary at the time benefits become payable and shallcontinue until benefits are no longer payable. Should such a member repay in alump sum prior to or on such member's date of retirement an amount equal to thedifference between contributions actually made by the member and contributionswhich would have been made had such member always been a member of the Kansaspolice and firemen's retirement system, there shall be no reduction as providedin this section. Such member shall pay the actual amount plus interest at arate specified by the board of trustees.

      (e)   Except as otherwise provided, the terms used in this act:

      (1)   "Policeman" means an employee of a city who is assigned to the policedepartment of the city, who is engaged in law enforcement and maintenanceof order, who has been specifically designated, appointed, commissionedor styled as a policeman by the governing body or city managerof the city, and whose employment as a policeman is not seasonal or temporaryand requires at least 1,000 hours of work per year.

      (2)   "Fireman" means an employee of a city who is assigned to the firedepartment of the city, who is engaged in the fighting and extinguishingof fires and the protection of life and property therefrom, who has beenspecifically designated, appointed, commissioned or styled as a firemanby the governing body or city manager of the city, and whose employmentas a fireman is not seasonal or temporary and requires at least1,000 hours of work per year.

      (3)   "Local police or fire pension plan" means any pension plan, systemor fund which covers the policemen of a city or the firemen of a city, orboth, and which was established by and is maintained and funded by such cityunder:

      (A)   K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto; or

      (B)   any part of K.S.A. 13-14a01 to 13-14a14, inclusive, and amendmentsthereto, and one or more charter ordinances adopted by such city under section5 of article 12 of the Kansas constitution; or

      (C)   K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto; or

      (D)   any part of K.S.A. 14-10a01 to 14-10a15, inclusive, and amendmentsthereto, and one or more charter ordinances adopted by such cityunder section 5 of article 12 of the Kansas constitution; or

      (E)   one or more charter ordinances adopted by such city under section5 of article 12 of the Kansas constitution.

      (4)   "Active member" means a person who is in active employment with acity as a policeman or fireman and who is covered by a local police or firepension plan which is maintained and funded by such city.

      (f)   The provisions of this section shall take effect on and after July 1,1994.

      History:   L. 1994, ch. 293, § 37; May 5.