Article 26.--RETIREMENT SYSTEM FOR JUSTICES AND JUDGES
20-2609.Retirement annuity for permanentlydisabled; application;examination; finding by supreme court; eligibility for retirement under20-2608; final average salary adjustment.(a) Any judge who has become permanently physically or mentally disabledand who is not entitled to retire under K.S.A. 20-2608 and amendments theretomay,upon being found so disabled by the supreme court, retire under thissection, and upon such retirement such judge shall beentitled to receivean annuity, each monthly payment of which shall be in an amount equal to 3.5%of the final average salary of thejudge, determined as provided in subsection (b) of K.S.A. 20-2610 andamendments thereto, multipliedby the number of total years of service, but for any judge who becomesdisabled as provided in this section on or after July 1, 1998, suchmonthly benefits shall be at least 50% but shall not exceed 70% ofthe finalaverage salary of the judge, determined as provided in subsection (b) ofK.S.A. 20-2610 and amendments thereto.
(b) Any judge, or the conservator of any judge, desiring to retireunder the provisions of this section shall file an application for suchretirement with the clerk of the supreme court, which application shallbe in such form and contain such information as the supreme court shallrequire. The court may require such judge to be examined by a physicianappointed by the court and may require such other evidence and proof ofdisability as it deems necessary to reach a determination as to whethersuch judge is so permanently disabled. If the supreme court shalldetermine that any such judge is so permanently disabled it shallpromptly notify the board and thereupon such judge shall be placed onretirement by the board and monthly receive the retirement annuity asprovided in this section.
(c) Any judge receiving an annuity under the provisions of thissection shall be considered an active judge for the purposes of K.S.A.20-2608 and amendments thereto and shall, upon reaching age 65 oruponmaking application for retirement, have such judge'sretirement under thissection terminated and such judge shall be placed on retirement underthe provisions ofK.S.A. 20-2608 and amendments thereto.
(d) In the event that a judge eligible for a disability annuity authorizedby this section shall be disabled for a period of five years or moreimmediatelypreceding retirement, such judge's final average salary shall be adjustedupon retirement by the actuarial salary assumption rates in existence duringsuch period of disability.Effective July 1, 1993, such judge's final average salary shall be adjustedupon retirement by 5% for each year of disability after July 1, 1993, butbefore July 1, 1998. Effective July 1, 1998, such judge's final averagesalary shall be adjusted upon retirement by an amount equal to the lesser of:(1) The percentageincrease in the consumer price index for all urban consumers as published bythebureau of labor statistics of the United States department of labor minus1%; or (2)four percent per annum, measured from the month the disability occurs to themonth that is two months prior to the month of retirement, for each year ofdisability after July 1, 1998.
(e) The provisions of law in effect on the retirement date of a judgeunder the retirement system for judges shall govern the retirement benefitpayable to the judge, any joint annuitant and any beneficiary.
Article 26.--RETIREMENT SYSTEM FOR JUSTICES AND JUDGES
20-2609.Retirement annuity for permanentlydisabled; application;examination; finding by supreme court; eligibility for retirement under20-2608; final average salary adjustment.(a) Any judge who has become permanently physically or mentally disabledand who is not entitled to retire under K.S.A. 20-2608 and amendments theretomay,upon being found so disabled by the supreme court, retire under thissection, and upon such retirement such judge shall beentitled to receivean annuity, each monthly payment of which shall be in an amount equal to 3.5%of the final average salary of thejudge, determined as provided in subsection (b) of K.S.A. 20-2610 andamendments thereto, multipliedby the number of total years of service, but for any judge who becomesdisabled as provided in this section on or after July 1, 1998, suchmonthly benefits shall be at least 50% but shall not exceed 70% ofthe finalaverage salary of the judge, determined as provided in subsection (b) ofK.S.A. 20-2610 and amendments thereto.
(b) Any judge, or the conservator of any judge, desiring to retireunder the provisions of this section shall file an application for suchretirement with the clerk of the supreme court, which application shallbe in such form and contain such information as the supreme court shallrequire. The court may require such judge to be examined by a physicianappointed by the court and may require such other evidence and proof ofdisability as it deems necessary to reach a determination as to whethersuch judge is so permanently disabled. If the supreme court shalldetermine that any such judge is so permanently disabled it shallpromptly notify the board and thereupon such judge shall be placed onretirement by the board and monthly receive the retirement annuity asprovided in this section.
(c) Any judge receiving an annuity under the provisions of thissection shall be considered an active judge for the purposes of K.S.A.20-2608 and amendments thereto and shall, upon reaching age 65 oruponmaking application for retirement, have such judge'sretirement under thissection terminated and such judge shall be placed on retirement underthe provisions ofK.S.A. 20-2608 and amendments thereto.
(d) In the event that a judge eligible for a disability annuity authorizedby this section shall be disabled for a period of five years or moreimmediatelypreceding retirement, such judge's final average salary shall be adjustedupon retirement by the actuarial salary assumption rates in existence duringsuch period of disability.Effective July 1, 1993, such judge's final average salary shall be adjustedupon retirement by 5% for each year of disability after July 1, 1993, butbefore July 1, 1998. Effective July 1, 1998, such judge's final averagesalary shall be adjusted upon retirement by an amount equal to the lesser of:(1) The percentageincrease in the consumer price index for all urban consumers as published bythebureau of labor statistics of the United States department of labor minus1%; or (2)four percent per annum, measured from the month the disability occurs to themonth that is two months prior to the month of retirement, for each year ofdisability after July 1, 1998.
(e) The provisions of law in effect on the retirement date of a judgeunder the retirement system for judges shall govern the retirement benefitpayable to the judge, any joint annuitant and any beneficiary.
Article 26.--RETIREMENT SYSTEM FOR JUSTICES AND JUDGES
20-2609.Retirement annuity for permanentlydisabled; application;examination; finding by supreme court; eligibility for retirement under20-2608; final average salary adjustment.(a) Any judge who has become permanently physically or mentally disabledand who is not entitled to retire under K.S.A. 20-2608 and amendments theretomay,upon being found so disabled by the supreme court, retire under thissection, and upon such retirement such judge shall beentitled to receivean annuity, each monthly payment of which shall be in an amount equal to 3.5%of the final average salary of thejudge, determined as provided in subsection (b) of K.S.A. 20-2610 andamendments thereto, multipliedby the number of total years of service, but for any judge who becomesdisabled as provided in this section on or after July 1, 1998, suchmonthly benefits shall be at least 50% but shall not exceed 70% ofthe finalaverage salary of the judge, determined as provided in subsection (b) ofK.S.A. 20-2610 and amendments thereto.
(b) Any judge, or the conservator of any judge, desiring to retireunder the provisions of this section shall file an application for suchretirement with the clerk of the supreme court, which application shallbe in such form and contain such information as the supreme court shallrequire. The court may require such judge to be examined by a physicianappointed by the court and may require such other evidence and proof ofdisability as it deems necessary to reach a determination as to whethersuch judge is so permanently disabled. If the supreme court shalldetermine that any such judge is so permanently disabled it shallpromptly notify the board and thereupon such judge shall be placed onretirement by the board and monthly receive the retirement annuity asprovided in this section.
(c) Any judge receiving an annuity under the provisions of thissection shall be considered an active judge for the purposes of K.S.A.20-2608 and amendments thereto and shall, upon reaching age 65 oruponmaking application for retirement, have such judge'sretirement under thissection terminated and such judge shall be placed on retirement underthe provisions ofK.S.A. 20-2608 and amendments thereto.
(d) In the event that a judge eligible for a disability annuity authorizedby this section shall be disabled for a period of five years or moreimmediatelypreceding retirement, such judge's final average salary shall be adjustedupon retirement by the actuarial salary assumption rates in existence duringsuch period of disability.Effective July 1, 1993, such judge's final average salary shall be adjustedupon retirement by 5% for each year of disability after July 1, 1993, butbefore July 1, 1998. Effective July 1, 1998, such judge's final averagesalary shall be adjusted upon retirement by an amount equal to the lesser of:(1) The percentageincrease in the consumer price index for all urban consumers as published bythebureau of labor statistics of the United States department of labor minus1%; or (2)four percent per annum, measured from the month the disability occurs to themonth that is two months prior to the month of retirement, for each year ofdisability after July 1, 1998.
(e) The provisions of law in effect on the retirement date of a judgeunder the retirement system for judges shall govern the retirement benefitpayable to the judge, any joint annuitant and any beneficiary.
