13-1246a.   Board of pension trustees in certain cities over 120,000;composition; contributions for operation of plans; costs of increasedpensions; agreements between pension board and public utilities board as toassets and property; powers of pension board; plan, revision, printing;pension and retirement benefits; funds and earnings; exemptions;qualified domestic relations orders; beneficiaries for benefits.(a) (1)   Any board of public utilities in any municipality of the state ofKansashaving a population of more than 120,000 shall beempowered to enter into an agreement with its employees for the purpose ofreorganizing and establishing a board to be known as a board of pensiontrustees composed of six members, and for the purpose of continuing,revising, maintaining and adopting an equitable and adequate pensionprogram for all of its employees, including retired employees, and theirdependents. Three members of the board of pension trustees shall beappointed by the board of public utilities from its regular employees toserve at its discretion. Three members of the board of pension trusteesshall be elected annually by all of the nonsupervisory employees of theboard of public utilities from its nonsupervisory employees and shall servefor fixed periods of one year, commencing on July 1, of each year.

      (2)   Present employees of such board of public utilities, in order to pay thecost of implementing, continuing and operating such retirement pension planfor such present employees, shall contribute in the aggregate from theirearnings not more than 1/2 of the costs of future-servicepensions, and such board of public utilities shall pay or contribute theremaining portion thereof to any revised, continued or adopted retirementpension plan, as provided for herein.

      (3)   Any costs of paying increasedpensions or benefits to retired employees and their dependents of suchboard of public utilities, and the costs of any back-service obligationsunder terms of such revised pension plan as may be found and determined tobe proper and equitable, under rules and provisions to be adopted bysuch board of pension trustees, shall be borne in their entirety by such boardof public utilities; and such contributions to such continued and revisedretirement pension plan for the use and benefit of retired employees andtheir dependents which shall be made by such board of public utilitiesshall be computed and based on sound actuarial standards.

      (4)   Such board ofpension trustees shall be empowered to make and enter into an agreementwith such board of public utilities, authorizing such board ofpensiontrustees to take control and custody of all assets, property and fundspresently held, controlled and in the possession of the now constitutedretirement advisory council of such board of public utilities, and itspresent trustee, as the same was theretofore created and is now functioningas provided by K.S.A. 13-1247 and amendments thereto.The board shall provide forsuch additional fundsas may be necessary to fulfill the purposes of this act.

      (5)   Such board ofpension trustees shall be empowered to control and take immediately intoand under its custody and control, title to and possession of all records,funds, property and assets of the such existing retirement advisory councilof such board of public utilities, and its present trustees, as the same isnow constituted by the provisions of K.S.A. 13-1247 and amendmentsthereto, which suchretirement council of such board of public utilities, its powers, authorityand duties shall be abolished, cease and terminate upon the effective dateof this act.

      (b) (1)   The board of pension trustees shall establish a formal, adequatewritten pension plan with specific rules of eligibility for pension coverageforall present employees, including retired employees, and their dependents,of such board of public utilities. The plan and rules appertaining theretomay be amended at any time by the vote of four members ofsuch board ofpension trustees and may be the subject of negotiations between such boardof public utilities and its employees, but subject to the revision,adoption and ratification of the same by such board of pension trustees, asthe same is created and governed by the provisions of this act. The planand rules shall be printed and distributed to all employees.

      (2)   Pensions andretirement benefits, received and paid under the such continued and revisedretirement pension plan and rules promulgated by such board of pensiontrustees, to retired employees, their dependents, and present employees,shall at all times bear a reasonable relationship to the wages or earningspaid to any employee of such board of public utilities. Such benefits shall becompatible with any changes in cost of living indexes except, such planand benefits payable shall at all times be in strict conformitywith current, sound actuarial standards and principles.

      (3)   No employee shallbe exempt from having contributions made on suchemployee's behalf or beprecluded from receiving benefits for any reason other than lack of age, oran insufficient period or time of employment.

      (4)   No planshall be adopted or modified at any future time which is not properlyfunded and in conformity with recognized, sound actuarial principles andstandards.

      (5)   All funds and the earnings therefromheld in trust for the use and benefit of the employees and members,including retired employees and their dependents, of such board of publicutilities, of any retirement pension plan continued, revised and adoptedunder the provisions of this act, shall be exempt from civil process,taxation or assessment, and shall not be subject to seizure or execution orliens of any kind. All benefits due to the members or to theirbeneficiaries of any retirement pension plan continued and revised underthe provisions of this act, shall be exempt from any tax of the state ofKansas or any political subdivision or taxing body of the state and civilliability for debtsof the members and employees, or their beneficiaries, receiving the same,and, except as otherwise provided, shall not be subject to seizure,execution or process of any nature.Any annuity or benefit or accumulated contributions due and owing to anyperson under the provisions of any retirement pension plan continued andrevised under the provisions of this act are subject to claims of an alternatepayee under a qualified domestic relations order. As used in this subsection,the terms "alternate payee" and "qualified domestic relations order" shall havethe meaning ascribed to them in section 414(p) of the United States internalrevenue code of 1954, as amended. The provisions of this act shall apply to anyqualified domestic relations order which is in effect on orafter July 1, 1994. Such retirement pension plan continued and revised underthe provisions of this act, such board of pension trustees, or such board ofpublic utilities shall not be a party to any action under article 16 of chapter60 of the Kansas Statutes Annotated but is subject to orders from such actionsissued by the district court of the county where such action was filed and mayaccept orders which it deems to be qualified under this subsection if suchorders are issued by courts having jurisdiction of such actions outside thestate of Kansas. Such orders from such actions shall specify either a specificamount or specific percentageof the amount of the pension or benefit or any accumulated contributions dueand owing from such retirement pension plan pursuant to this act.

      (6)   The members and employees of any retirementpension plan continued, revised and adopted under the provisions of thisact, may name one or more beneficiaries to receive any benefits that may bedue or become due to such member and employee in the event of such member oremployee's death.

      History:   L. 1969, ch. 99, § 1;L. 1990, ch. 282, § 29;L. 1994, ch. 231, § 3; July 1.