PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10a.--EMPLOYEES' RETIREMENT SYSTEMS
14-10a02.Pension funds for police and fire
departments;
establishment, maintenance and funding; tax levy, use of proceeds;
employee benefits contribution fund.
The governing bodies of all cities of the second class, with a
population in excess of 6,000 located in counties
having
a population of 10,000 or more, maintaining an
organized
police and fire department, may establish and maintain a separate
pension fund for each department, which shall be set aside and used
exclusively for the payment of pensions and disability benefits as
authorized in K.S.A. 14-10a01 et seq. and amendments
thereto. Whenever the amount of any benefit is to be
determined on the basis of actuarial assumptions, the assumptions shall be
specified in a way that precludes employer discretion. Each such pension
fund shall be maintained and
funded in accordance with the minimum funding standards prescribed in
K.S.A. 12-5002 and amendments thereto. For the purpose of creating,
maintaining and
funding such pension funds, the governing body of each such city of the
second class is hereby authorized and shall:
(a) Accept gifts, grants, bequests, gratuities or any other money
and credit the same to the pension fund designated by the donor;
(b) levy an assessment against each officer and member of each
department equal to 7% of
such
officer's or member's monthly salary or
compensation, such assessment amount to be deducted from the
regular payroll and to be
transferred into such pension fund;
(c) place into such funds the proceeds of all lost or stolen
securities, money or personal property which shall remain unclaimed in
possession of any department of the city for six months, together with
the proceeds of all unclaimed or confiscated property of any nature
which shall have been in custody of the police department for a period
of six months. The city is authorized to sell at
public
auction such property and place the proceeds into such pension
funds in
equal shares;
(d) transfer into such pension funds the unencumbered balance,
including investments, in any existing pension fund or funds, except
that if there is more than one pension fund existing in such city
then
each of such existing funds, other than the
firemen's and policemen's relief
funds, shall be transferred into the new pension fund of a like
classification. Upon the termination of any pension fund or funds, the
rights of members to benefits accrued at the date of termination to the extent
funded or to the amount in members' accounts at the date of termination are
nonforfeitable;
(e) carry forward the balance in such funds at the close
of
each
budget year as revenue for the next ensuing year;
(f) transfer into said fund any proceeds from any municipally owned
utility at the discretion of the governing body;
(g) levy annually at the time for the levying of taxes for city
purposes, a tax upon all of the taxable tangible property in
such
city
for each pension fund to make annual contributions to each pension fund
as required under K.S.A. 12-5002 and amendments thereto and to maintain and
fund
each pension fund on an actuarial reserve basis in accordance with the
provisions of K.S.A. 14-10a05 and amendments thereto and to pay a portion
of
the
principal and interest on bonds issued by such city under the authority
of K.S.A. 12-1774, and amendments thereto. In lieu of
levying the tax authorized in this section, the annual contribution
required of the city may be paid from any employee benefits contribution
fund established pursuant to K.S.A. 12-16,102 and amendments
thereto;
and
(h) administer such funds in the manner required to satisfy the applicable
qualification requirements for governmental plans as specified in the
federal internal revenue code of 1954 or 1986, as in effect on July 1,
2008, and as
applicable for a
governmental plan in accordance with the provisions of K.S.A.
74-49,123 and
amendments thereto.
History: L. 1945, ch. 144, § 2;
L. 1970, ch. 81, § 15;
L. 1975, ch. 494, § 27;
L. 1976, ch. 89, § 5;
L. 1978, ch. 67, § 5;
L. 1979, ch. 52, § 76;
L. 1998, ch. 64, § 10;
L. 2008, ch. 113, § 5; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10a.--EMPLOYEES' RETIREMENT SYSTEMS
14-10a02.Pension funds for police and fire
departments;
establishment, maintenance and funding; tax levy, use of proceeds;
employee benefits contribution fund.
The governing bodies of all cities of the second class, with a
population in excess of 6,000 located in counties
having
a population of 10,000 or more, maintaining an
organized
police and fire department, may establish and maintain a separate
pension fund for each department, which shall be set aside and used
exclusively for the payment of pensions and disability benefits as
authorized in K.S.A. 14-10a01 et seq. and amendments
thereto. Whenever the amount of any benefit is to be
determined on the basis of actuarial assumptions, the assumptions shall be
specified in a way that precludes employer discretion. Each such pension
fund shall be maintained and
funded in accordance with the minimum funding standards prescribed in
K.S.A. 12-5002 and amendments thereto. For the purpose of creating,
maintaining and
funding such pension funds, the governing body of each such city of the
second class is hereby authorized and shall:
(a) Accept gifts, grants, bequests, gratuities or any other money
and credit the same to the pension fund designated by the donor;
(b) levy an assessment against each officer and member of each
department equal to 7% of
such
officer's or member's monthly salary or
compensation, such assessment amount to be deducted from the
regular payroll and to be
transferred into such pension fund;
(c) place into such funds the proceeds of all lost or stolen
securities, money or personal property which shall remain unclaimed in
possession of any department of the city for six months, together with
the proceeds of all unclaimed or confiscated property of any nature
which shall have been in custody of the police department for a period
of six months. The city is authorized to sell at
public
auction such property and place the proceeds into such pension
funds in
equal shares;
(d) transfer into such pension funds the unencumbered balance,
including investments, in any existing pension fund or funds, except
that if there is more than one pension fund existing in such city
then
each of such existing funds, other than the
firemen's and policemen's relief
funds, shall be transferred into the new pension fund of a like
classification. Upon the termination of any pension fund or funds, the
rights of members to benefits accrued at the date of termination to the extent
funded or to the amount in members' accounts at the date of termination are
nonforfeitable;
(e) carry forward the balance in such funds at the close
of
each
budget year as revenue for the next ensuing year;
(f) transfer into said fund any proceeds from any municipally owned
utility at the discretion of the governing body;
(g) levy annually at the time for the levying of taxes for city
purposes, a tax upon all of the taxable tangible property in
such
city
for each pension fund to make annual contributions to each pension fund
as required under K.S.A. 12-5002 and amendments thereto and to maintain and
fund
each pension fund on an actuarial reserve basis in accordance with the
provisions of K.S.A. 14-10a05 and amendments thereto and to pay a portion
of
the
principal and interest on bonds issued by such city under the authority
of K.S.A. 12-1774, and amendments thereto. In lieu of
levying the tax authorized in this section, the annual contribution
required of the city may be paid from any employee benefits contribution
fund established pursuant to K.S.A. 12-16,102 and amendments
thereto;
and
(h) administer such funds in the manner required to satisfy the applicable
qualification requirements for governmental plans as specified in the
federal internal revenue code of 1954 or 1986, as in effect on July 1,
2008, and as
applicable for a
governmental plan in accordance with the provisions of K.S.A.
74-49,123 and
amendments thereto.
History: L. 1945, ch. 144, § 2;
L. 1970, ch. 81, § 15;
L. 1975, ch. 494, § 27;
L. 1976, ch. 89, § 5;
L. 1978, ch. 67, § 5;
L. 1979, ch. 52, § 76;
L. 1998, ch. 64, § 10;
L. 2008, ch. 113, § 5; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10a.--EMPLOYEES' RETIREMENT SYSTEMS
14-10a02.Pension funds for police and fire
departments;
establishment, maintenance and funding; tax levy, use of proceeds;
employee benefits contribution fund.
The governing bodies of all cities of the second class, with a
population in excess of 6,000 located in counties
having
a population of 10,000 or more, maintaining an
organized
police and fire department, may establish and maintain a separate
pension fund for each department, which shall be set aside and used
exclusively for the payment of pensions and disability benefits as
authorized in K.S.A. 14-10a01 et seq. and amendments
thereto. Whenever the amount of any benefit is to be
determined on the basis of actuarial assumptions, the assumptions shall be
specified in a way that precludes employer discretion. Each such pension
fund shall be maintained and
funded in accordance with the minimum funding standards prescribed in
K.S.A. 12-5002 and amendments thereto. For the purpose of creating,
maintaining and
funding such pension funds, the governing body of each such city of the
second class is hereby authorized and shall:
(a) Accept gifts, grants, bequests, gratuities or any other money
and credit the same to the pension fund designated by the donor;
(b) levy an assessment against each officer and member of each
department equal to 7% of
such
officer's or member's monthly salary or
compensation, such assessment amount to be deducted from the
regular payroll and to be
transferred into such pension fund;
(c) place into such funds the proceeds of all lost or stolen
securities, money or personal property which shall remain unclaimed in
possession of any department of the city for six months, together with
the proceeds of all unclaimed or confiscated property of any nature
which shall have been in custody of the police department for a period
of six months. The city is authorized to sell at
public
auction such property and place the proceeds into such pension
funds in
equal shares;
(d) transfer into such pension funds the unencumbered balance,
including investments, in any existing pension fund or funds, except
that if there is more than one pension fund existing in such city
then
each of such existing funds, other than the
firemen's and policemen's relief
funds, shall be transferred into the new pension fund of a like
classification. Upon the termination of any pension fund or funds, the
rights of members to benefits accrued at the date of termination to the extent
funded or to the amount in members' accounts at the date of termination are
nonforfeitable;
(e) carry forward the balance in such funds at the close
of
each
budget year as revenue for the next ensuing year;
(f) transfer into said fund any proceeds from any municipally owned
utility at the discretion of the governing body;
(g) levy annually at the time for the levying of taxes for city
purposes, a tax upon all of the taxable tangible property in
such
city
for each pension fund to make annual contributions to each pension fund
as required under K.S.A. 12-5002 and amendments thereto and to maintain and
fund
each pension fund on an actuarial reserve basis in accordance with the
provisions of K.S.A. 14-10a05 and amendments thereto and to pay a portion
of
the
principal and interest on bonds issued by such city under the authority
of K.S.A. 12-1774, and amendments thereto. In lieu of
levying the tax authorized in this section, the annual contribution
required of the city may be paid from any employee benefits contribution
fund established pursuant to K.S.A. 12-16,102 and amendments
thereto;
and
(h) administer such funds in the manner required to satisfy the applicable
qualification requirements for governmental plans as specified in the
federal internal revenue code of 1954 or 1986, as in effect on July 1,
2008, and as
applicable for a
governmental plan in accordance with the provisions of K.S.A.
74-49,123 and
amendments thereto.
History: L. 1945, ch. 144, § 2;
L. 1970, ch. 81, § 15;
L. 1975, ch. 494, § 27;
L. 1976, ch. 89, § 5;
L. 1978, ch. 67, § 5;
L. 1979, ch. 52, § 76;
L. 1998, ch. 64, § 10;
L. 2008, ch. 113, § 5; July 1.