PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1246a.Board of pension trustees in certain cities over 120,000;
composition; contributions for operation of plans; costs of increased
pensions; agreements between pension board and public utilities board as to
assets 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 of
Kansas
having a population of more than 120,000 shall be
empowered to enter into an agreement with its employees for the purpose of
reorganizing and establishing a board to be known as a board of pension
trustees composed of six members, and for the purpose of continuing,
revising, maintaining and adopting an equitable and adequate pension
program for all of its employees, including retired employees, and their
dependents. Three members of the board of pension trustees shall be
appointed by the board of public utilities from its regular employees to
serve at its discretion. Three members of the board of pension trustees
shall be elected annually by all of the nonsupervisory employees of the
board of public utilities from its nonsupervisory employees and shall serve
for 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 the
cost of implementing, continuing and operating such retirement pension plan
for such present employees, shall contribute in the aggregate from their
earnings not more than 1/2 of the costs of future-service
pensions, and such board of public utilities shall pay or contribute the
remaining portion thereof to any revised, continued or adopted retirement
pension plan, as provided for herein.
(3) Any costs of paying increased
pensions or benefits to retired employees and their dependents of such
board of public utilities, and the costs of any back-service obligations
under terms of such revised pension plan as may be found and determined to
be proper and equitable, under rules and provisions to be adopted by
such board of pension trustees, shall be borne in their entirety by such board
of public utilities; and such contributions to such continued and revised
retirement pension plan for the use and benefit of retired employees and
their dependents which shall be made by such board of public utilities
shall be computed and based on sound actuarial standards.
(4) Such board of
pension trustees shall be empowered to make and enter into an agreement
with such board of public utilities, authorizing such board of
pension
trustees to take control and custody of all assets, property and funds
presently held, controlled and in the possession of the now constituted
retirement advisory council of such board of public utilities, and its
present trustee, as the same was theretofore created and is now functioning
as provided by K.S.A. 13-1247 and amendments thereto.
The board shall provide for
such additional funds
as may be necessary to fulfill the purposes of this act.
(5) Such board of
pension trustees shall be empowered to control and take immediately into
and under its custody and control, title to and possession of all records,
funds, property and assets of the such existing retirement advisory council
of such board of public utilities, and its present trustees, as the same is
now constituted by the provisions of K.S.A. 13-1247 and amendments
thereto, which such
retirement council of such board of public utilities, its powers, authority
and duties shall be abolished, cease and terminate upon the effective date
of this act.
(b) (1) The board of pension trustees shall establish a formal, adequate
written pension plan with specific rules of eligibility for pension coverage
for
all present employees, including retired employees, and their dependents,
of such board of public utilities. The plan and rules appertaining thereto
may be amended at any time by the vote of four members of
such board of
pension trustees and may be the subject of negotiations between such board
of public utilities and its employees, but subject to the revision,
adoption and ratification of the same by such board of pension trustees, as
the same is created and governed by the provisions of this act. The plan
and rules shall be printed and distributed to all employees.
(2) Pensions and
retirement benefits, received and paid under the such continued and revised
retirement pension plan and rules promulgated by such board of pension
trustees, to retired employees, their dependents, and present employees,
shall at all times bear a reasonable relationship to the wages or earnings
paid to any employee of such board of public utilities. Such benefits shall be
compatible with any changes in cost of living indexes except, such plan
and benefits payable shall at all times be in strict conformity
with current, sound actuarial standards and principles.
(3) No employee shall
be exempt from having contributions made on such
employee's behalf or be
precluded from receiving benefits for any reason other than lack of age, or
an insufficient period or time of employment.
(4) No plan
shall be adopted or modified at any future time which is not properly
funded and in conformity with recognized, sound actuarial principles and
standards.
(5) All funds and the earnings therefrom
held in trust for the use and benefit of the employees and members,
including retired employees and their dependents, of such board of public
utilities, of any retirement pension plan continued, revised and adopted
under the provisions of this act, shall be exempt from civil process,
taxation or assessment, and shall not be subject to seizure or execution or
liens of any kind. All benefits due to the members or to their
beneficiaries of any retirement pension plan continued and revised under
the provisions of this act, shall be exempt from any tax of the state of
Kansas or any political subdivision or taxing body of the state and civil
liability for debts
of 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 any
person under the provisions of any retirement pension plan continued and
revised under the provisions of this act are subject to claims of an alternate
payee under a qualified domestic relations order. As used in this subsection,
the terms "alternate payee" and "qualified domestic relations order" shall have
the meaning ascribed to them in section 414(p) of the United States internal
revenue code of 1954, as amended. The provisions of this act shall apply to any
qualified domestic relations order which is in effect on or
after July 1, 1994. Such retirement
pension plan continued and revised under
the provisions of this act, such board of pension trustees, or such board of
public utilities shall not be a party to any action under article 16 of chapter
60 of the Kansas Statutes Annotated but is subject to orders from such actions
issued by the district court of the county where such action was filed and may
accept orders which it deems to be qualified under this subsection if such
orders are issued by courts having jurisdiction of such actions outside the
state of Kansas. Such orders from such actions shall specify either a specific
amount or specific percentage
of the amount of the pension or benefit or any accumulated contributions due
and owing from such retirement pension plan pursuant to this act.
(6) The members and employees of any retirement
pension plan continued, revised and adopted under the provisions of this
act, may name one or more beneficiaries to receive any benefits that may be
due or become due to such member and employee in the event of such member or
employee's death.
History: L. 1969, ch. 99, § 1;
L. 1990, ch. 282, § 29;
L. 1994, ch. 231, § 3; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1246a.Board of pension trustees in certain cities over 120,000;
composition; contributions for operation of plans; costs of increased
pensions; agreements between pension board and public utilities board as to
assets 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 of
Kansas
having a population of more than 120,000 shall be
empowered to enter into an agreement with its employees for the purpose of
reorganizing and establishing a board to be known as a board of pension
trustees composed of six members, and for the purpose of continuing,
revising, maintaining and adopting an equitable and adequate pension
program for all of its employees, including retired employees, and their
dependents. Three members of the board of pension trustees shall be
appointed by the board of public utilities from its regular employees to
serve at its discretion. Three members of the board of pension trustees
shall be elected annually by all of the nonsupervisory employees of the
board of public utilities from its nonsupervisory employees and shall serve
for 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 the
cost of implementing, continuing and operating such retirement pension plan
for such present employees, shall contribute in the aggregate from their
earnings not more than 1/2 of the costs of future-service
pensions, and such board of public utilities shall pay or contribute the
remaining portion thereof to any revised, continued or adopted retirement
pension plan, as provided for herein.
(3) Any costs of paying increased
pensions or benefits to retired employees and their dependents of such
board of public utilities, and the costs of any back-service obligations
under terms of such revised pension plan as may be found and determined to
be proper and equitable, under rules and provisions to be adopted by
such board of pension trustees, shall be borne in their entirety by such board
of public utilities; and such contributions to such continued and revised
retirement pension plan for the use and benefit of retired employees and
their dependents which shall be made by such board of public utilities
shall be computed and based on sound actuarial standards.
(4) Such board of
pension trustees shall be empowered to make and enter into an agreement
with such board of public utilities, authorizing such board of
pension
trustees to take control and custody of all assets, property and funds
presently held, controlled and in the possession of the now constituted
retirement advisory council of such board of public utilities, and its
present trustee, as the same was theretofore created and is now functioning
as provided by K.S.A. 13-1247 and amendments thereto.
The board shall provide for
such additional funds
as may be necessary to fulfill the purposes of this act.
(5) Such board of
pension trustees shall be empowered to control and take immediately into
and under its custody and control, title to and possession of all records,
funds, property and assets of the such existing retirement advisory council
of such board of public utilities, and its present trustees, as the same is
now constituted by the provisions of K.S.A. 13-1247 and amendments
thereto, which such
retirement council of such board of public utilities, its powers, authority
and duties shall be abolished, cease and terminate upon the effective date
of this act.
(b) (1) The board of pension trustees shall establish a formal, adequate
written pension plan with specific rules of eligibility for pension coverage
for
all present employees, including retired employees, and their dependents,
of such board of public utilities. The plan and rules appertaining thereto
may be amended at any time by the vote of four members of
such board of
pension trustees and may be the subject of negotiations between such board
of public utilities and its employees, but subject to the revision,
adoption and ratification of the same by such board of pension trustees, as
the same is created and governed by the provisions of this act. The plan
and rules shall be printed and distributed to all employees.
(2) Pensions and
retirement benefits, received and paid under the such continued and revised
retirement pension plan and rules promulgated by such board of pension
trustees, to retired employees, their dependents, and present employees,
shall at all times bear a reasonable relationship to the wages or earnings
paid to any employee of such board of public utilities. Such benefits shall be
compatible with any changes in cost of living indexes except, such plan
and benefits payable shall at all times be in strict conformity
with current, sound actuarial standards and principles.
(3) No employee shall
be exempt from having contributions made on such
employee's behalf or be
precluded from receiving benefits for any reason other than lack of age, or
an insufficient period or time of employment.
(4) No plan
shall be adopted or modified at any future time which is not properly
funded and in conformity with recognized, sound actuarial principles and
standards.
(5) All funds and the earnings therefrom
held in trust for the use and benefit of the employees and members,
including retired employees and their dependents, of such board of public
utilities, of any retirement pension plan continued, revised and adopted
under the provisions of this act, shall be exempt from civil process,
taxation or assessment, and shall not be subject to seizure or execution or
liens of any kind. All benefits due to the members or to their
beneficiaries of any retirement pension plan continued and revised under
the provisions of this act, shall be exempt from any tax of the state of
Kansas or any political subdivision or taxing body of the state and civil
liability for debts
of 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 any
person under the provisions of any retirement pension plan continued and
revised under the provisions of this act are subject to claims of an alternate
payee under a qualified domestic relations order. As used in this subsection,
the terms "alternate payee" and "qualified domestic relations order" shall have
the meaning ascribed to them in section 414(p) of the United States internal
revenue code of 1954, as amended. The provisions of this act shall apply to any
qualified domestic relations order which is in effect on or
after July 1, 1994. Such retirement
pension plan continued and revised under
the provisions of this act, such board of pension trustees, or such board of
public utilities shall not be a party to any action under article 16 of chapter
60 of the Kansas Statutes Annotated but is subject to orders from such actions
issued by the district court of the county where such action was filed and may
accept orders which it deems to be qualified under this subsection if such
orders are issued by courts having jurisdiction of such actions outside the
state of Kansas. Such orders from such actions shall specify either a specific
amount or specific percentage
of the amount of the pension or benefit or any accumulated contributions due
and owing from such retirement pension plan pursuant to this act.
(6) The members and employees of any retirement
pension plan continued, revised and adopted under the provisions of this
act, may name one or more beneficiaries to receive any benefits that may be
due or become due to such member and employee in the event of such member or
employee's death.
History: L. 1969, ch. 99, § 1;
L. 1990, ch. 282, § 29;
L. 1994, ch. 231, § 3; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1246a.Board of pension trustees in certain cities over 120,000;
composition; contributions for operation of plans; costs of increased
pensions; agreements between pension board and public utilities board as to
assets 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 of
Kansas
having a population of more than 120,000 shall be
empowered to enter into an agreement with its employees for the purpose of
reorganizing and establishing a board to be known as a board of pension
trustees composed of six members, and for the purpose of continuing,
revising, maintaining and adopting an equitable and adequate pension
program for all of its employees, including retired employees, and their
dependents. Three members of the board of pension trustees shall be
appointed by the board of public utilities from its regular employees to
serve at its discretion. Three members of the board of pension trustees
shall be elected annually by all of the nonsupervisory employees of the
board of public utilities from its nonsupervisory employees and shall serve
for 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 the
cost of implementing, continuing and operating such retirement pension plan
for such present employees, shall contribute in the aggregate from their
earnings not more than 1/2 of the costs of future-service
pensions, and such board of public utilities shall pay or contribute the
remaining portion thereof to any revised, continued or adopted retirement
pension plan, as provided for herein.
(3) Any costs of paying increased
pensions or benefits to retired employees and their dependents of such
board of public utilities, and the costs of any back-service obligations
under terms of such revised pension plan as may be found and determined to
be proper and equitable, under rules and provisions to be adopted by
such board of pension trustees, shall be borne in their entirety by such board
of public utilities; and such contributions to such continued and revised
retirement pension plan for the use and benefit of retired employees and
their dependents which shall be made by such board of public utilities
shall be computed and based on sound actuarial standards.
(4) Such board of
pension trustees shall be empowered to make and enter into an agreement
with such board of public utilities, authorizing such board of
pension
trustees to take control and custody of all assets, property and funds
presently held, controlled and in the possession of the now constituted
retirement advisory council of such board of public utilities, and its
present trustee, as the same was theretofore created and is now functioning
as provided by K.S.A. 13-1247 and amendments thereto.
The board shall provide for
such additional funds
as may be necessary to fulfill the purposes of this act.
(5) Such board of
pension trustees shall be empowered to control and take immediately into
and under its custody and control, title to and possession of all records,
funds, property and assets of the such existing retirement advisory council
of such board of public utilities, and its present trustees, as the same is
now constituted by the provisions of K.S.A. 13-1247 and amendments
thereto, which such
retirement council of such board of public utilities, its powers, authority
and duties shall be abolished, cease and terminate upon the effective date
of this act.
(b) (1) The board of pension trustees shall establish a formal, adequate
written pension plan with specific rules of eligibility for pension coverage
for
all present employees, including retired employees, and their dependents,
of such board of public utilities. The plan and rules appertaining thereto
may be amended at any time by the vote of four members of
such board of
pension trustees and may be the subject of negotiations between such board
of public utilities and its employees, but subject to the revision,
adoption and ratification of the same by such board of pension trustees, as
the same is created and governed by the provisions of this act. The plan
and rules shall be printed and distributed to all employees.
(2) Pensions and
retirement benefits, received and paid under the such continued and revised
retirement pension plan and rules promulgated by such board of pension
trustees, to retired employees, their dependents, and present employees,
shall at all times bear a reasonable relationship to the wages or earnings
paid to any employee of such board of public utilities. Such benefits shall be
compatible with any changes in cost of living indexes except, such plan
and benefits payable shall at all times be in strict conformity
with current, sound actuarial standards and principles.
(3) No employee shall
be exempt from having contributions made on such
employee's behalf or be
precluded from receiving benefits for any reason other than lack of age, or
an insufficient period or time of employment.
(4) No plan
shall be adopted or modified at any future time which is not properly
funded and in conformity with recognized, sound actuarial principles and
standards.
(5) All funds and the earnings therefrom
held in trust for the use and benefit of the employees and members,
including retired employees and their dependents, of such board of public
utilities, of any retirement pension plan continued, revised and adopted
under the provisions of this act, shall be exempt from civil process,
taxation or assessment, and shall not be subject to seizure or execution or
liens of any kind. All benefits due to the members or to their
beneficiaries of any retirement pension plan continued and revised under
the provisions of this act, shall be exempt from any tax of the state of
Kansas or any political subdivision or taxing body of the state and civil
liability for debts
of 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 any
person under the provisions of any retirement pension plan continued and
revised under the provisions of this act are subject to claims of an alternate
payee under a qualified domestic relations order. As used in this subsection,
the terms "alternate payee" and "qualified domestic relations order" shall have
the meaning ascribed to them in section 414(p) of the United States internal
revenue code of 1954, as amended. The provisions of this act shall apply to any
qualified domestic relations order which is in effect on or
after July 1, 1994. Such retirement
pension plan continued and revised under
the provisions of this act, such board of pension trustees, or such board of
public utilities shall not be a party to any action under article 16 of chapter
60 of the Kansas Statutes Annotated but is subject to orders from such actions
issued by the district court of the county where such action was filed and may
accept orders which it deems to be qualified under this subsection if such
orders are issued by courts having jurisdiction of such actions outside the
state of Kansas. Such orders from such actions shall specify either a specific
amount or specific percentage
of the amount of the pension or benefit or any accumulated contributions due
and owing from such retirement pension plan pursuant to this act.
(6) The members and employees of any retirement
pension plan continued, revised and adopted under the provisions of this
act, may name one or more beneficiaries to receive any benefits that may be
due or become due to such member and employee in the event of such member or
employee's death.
History: L. 1969, ch. 99, § 1;
L. 1990, ch. 282, § 29;
L. 1994, ch. 231, § 3; July 1.