State Codes and Statutes

Statutes > Kansas > Chapter46 > Article13 > Statutes_19876

46-1302

Chapter 46.--LEGISLATURE
Article 13.--RETIREMENT BENEFITS

      46-1302.   Retirement benefit for certain employees of legislative agencies;eligibility; amount; payment; administration; reimbursement of public employeesretirement fund; termination of benefits; election; deferred compensationplan.(a) Except as provided in subsection (e), every person employed by thelegislative branch of the state of Kansas onand after January 1, 1984, shall receive a monthly retirement benefitcommencing on the first day of the month after the person has (1) attained age65; (2) been employed by the legislative branch of the state of Kansas for 50or more days in 10 or more calendar years; and (3) made application for suchmonthly retirement benefit to the Kansas public employees retirement system inthe form and manner required by the retirement system. Such monthly retirementbenefit shall be equal to the amount determined by multiplying $15 by the totalnumber of years in which such person was employed by the legislative branch ofthe state of Kansas for 50 or more days. No benefit shall include service withthe legislative branch of the state of Kansas which is credited under theKansas public employees retirement system or any other retirement system of thestate of Kansas, however, such service may be used in determining whether theperson has been employed for 10 or more calendar years.

      (b)   The service described in subsection (a) may be used by members ofthe Kansas public employees retirement system in determining whether suchindividuals meet any service requirements under such system. Except asprovided in K.S.A. 74-49a175 and amendments thereto, nobenefit for service described insubsection(a) shall be the basis of any benefit paid under the Kansas public employeesretirement system.

      (c)   No person's monthly retirement benefit under this section shall beincreased for any period of employment with the legislative branch of thestate of Kansas after applying for and commencing to receive such benefit,nor shall any benefit be forfeited for subsequent employment by thelegislative branch of the state of Kansas, except as provided in K.S.A.74-49a175 and amendments thereto. All benefits shall be paidfrom the Kansas public employeesretirement fund. As soon as practical after the close of each fiscal year, theexecutive secretary of the Kansas public employees retirement system shallcertify to the chairperson of the legislative coordinating council the amountof benefits paid under this section during the preceding fiscal year. Thelegislature shall pay to the Kansas public employees retirement fund frommoneys appropriated to the legislature a sum equal to the amount of anybenefits payable in the preceding fiscal year under the provisions of thissection.

      (d)   In accordance with the provisions of this subsection, the legislativecoordinating council may terminate the benefits under this section. If thelegislative coordinating council decides to terminate benefits under thissection, the chairperson of the council shall notify, in writing, the executivesecretary of the Kansas public employees retirement system of such termination.Upon notification of termination of benefits under this section, no furtherbenefits will be payable under the provisions of this section in any fiscalyear which commences after the fiscal year in which notification of terminationis given. Termination of benefits under this section shall not constitute aclaim against the state of Kansas or the Kansas public employees retirementsystem by any person receiving a benefit under the provisions of this sectionor who would have been eligible to receive a benefit under the provisions ofthis section in the future.

      (e)   Any person who is first employed by the legislative branch of the state ofKansas prior to July 1, 1996,and who is employed on July 1, 1996,may elect prior to October 1, 1996,to be coveredby the provisions of this section or the provisions relating to the deferredcompensation plan as provided in K.S.A. 74-4911f and amendments thereto byfiling an election in the office of the appointing authority of such person insuch form andmanner as prescribed by such appointing authority. In the event any suchperson fails to filethe election provided in this subsection, it shall be presumed that such personhas elected to be covered by the provisions of this section. Any person firstemployed by the legislative branch of the state of Kansas prior to July 1,1996, who is not employed as such on July 1, 1996, may make the electionprovided in this section within 30 days of returning to such employment. Noperson first employed by the legislative branch of the state of Kansas on andafter July 1, 1996, shall be eligible for any monthly retirement benefit underthis section.

      History:   L. 1984, ch. 318, § 14; L. 1988, ch. 302, § 34; L. 1992,ch. 321, § 5;L. 1996, ch. 266, § 21; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter46 > Article13 > Statutes_19876

46-1302

Chapter 46.--LEGISLATURE
Article 13.--RETIREMENT BENEFITS

      46-1302.   Retirement benefit for certain employees of legislative agencies;eligibility; amount; payment; administration; reimbursement of public employeesretirement fund; termination of benefits; election; deferred compensationplan.(a) Except as provided in subsection (e), every person employed by thelegislative branch of the state of Kansas onand after January 1, 1984, shall receive a monthly retirement benefitcommencing on the first day of the month after the person has (1) attained age65; (2) been employed by the legislative branch of the state of Kansas for 50or more days in 10 or more calendar years; and (3) made application for suchmonthly retirement benefit to the Kansas public employees retirement system inthe form and manner required by the retirement system. Such monthly retirementbenefit shall be equal to the amount determined by multiplying $15 by the totalnumber of years in which such person was employed by the legislative branch ofthe state of Kansas for 50 or more days. No benefit shall include service withthe legislative branch of the state of Kansas which is credited under theKansas public employees retirement system or any other retirement system of thestate of Kansas, however, such service may be used in determining whether theperson has been employed for 10 or more calendar years.

      (b)   The service described in subsection (a) may be used by members ofthe Kansas public employees retirement system in determining whether suchindividuals meet any service requirements under such system. Except asprovided in K.S.A. 74-49a175 and amendments thereto, nobenefit for service described insubsection(a) shall be the basis of any benefit paid under the Kansas public employeesretirement system.

      (c)   No person's monthly retirement benefit under this section shall beincreased for any period of employment with the legislative branch of thestate of Kansas after applying for and commencing to receive such benefit,nor shall any benefit be forfeited for subsequent employment by thelegislative branch of the state of Kansas, except as provided in K.S.A.74-49a175 and amendments thereto. All benefits shall be paidfrom the Kansas public employeesretirement fund. As soon as practical after the close of each fiscal year, theexecutive secretary of the Kansas public employees retirement system shallcertify to the chairperson of the legislative coordinating council the amountof benefits paid under this section during the preceding fiscal year. Thelegislature shall pay to the Kansas public employees retirement fund frommoneys appropriated to the legislature a sum equal to the amount of anybenefits payable in the preceding fiscal year under the provisions of thissection.

      (d)   In accordance with the provisions of this subsection, the legislativecoordinating council may terminate the benefits under this section. If thelegislative coordinating council decides to terminate benefits under thissection, the chairperson of the council shall notify, in writing, the executivesecretary of the Kansas public employees retirement system of such termination.Upon notification of termination of benefits under this section, no furtherbenefits will be payable under the provisions of this section in any fiscalyear which commences after the fiscal year in which notification of terminationis given. Termination of benefits under this section shall not constitute aclaim against the state of Kansas or the Kansas public employees retirementsystem by any person receiving a benefit under the provisions of this sectionor who would have been eligible to receive a benefit under the provisions ofthis section in the future.

      (e)   Any person who is first employed by the legislative branch of the state ofKansas prior to July 1, 1996,and who is employed on July 1, 1996,may elect prior to October 1, 1996,to be coveredby the provisions of this section or the provisions relating to the deferredcompensation plan as provided in K.S.A. 74-4911f and amendments thereto byfiling an election in the office of the appointing authority of such person insuch form andmanner as prescribed by such appointing authority. In the event any suchperson fails to filethe election provided in this subsection, it shall be presumed that such personhas elected to be covered by the provisions of this section. Any person firstemployed by the legislative branch of the state of Kansas prior to July 1,1996, who is not employed as such on July 1, 1996, may make the electionprovided in this section within 30 days of returning to such employment. Noperson first employed by the legislative branch of the state of Kansas on andafter July 1, 1996, shall be eligible for any monthly retirement benefit underthis section.

      History:   L. 1984, ch. 318, § 14; L. 1988, ch. 302, § 34; L. 1992,ch. 321, § 5;L. 1996, ch. 266, § 21; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter46 > Article13 > Statutes_19876

46-1302

Chapter 46.--LEGISLATURE
Article 13.--RETIREMENT BENEFITS

      46-1302.   Retirement benefit for certain employees of legislative agencies;eligibility; amount; payment; administration; reimbursement of public employeesretirement fund; termination of benefits; election; deferred compensationplan.(a) Except as provided in subsection (e), every person employed by thelegislative branch of the state of Kansas onand after January 1, 1984, shall receive a monthly retirement benefitcommencing on the first day of the month after the person has (1) attained age65; (2) been employed by the legislative branch of the state of Kansas for 50or more days in 10 or more calendar years; and (3) made application for suchmonthly retirement benefit to the Kansas public employees retirement system inthe form and manner required by the retirement system. Such monthly retirementbenefit shall be equal to the amount determined by multiplying $15 by the totalnumber of years in which such person was employed by the legislative branch ofthe state of Kansas for 50 or more days. No benefit shall include service withthe legislative branch of the state of Kansas which is credited under theKansas public employees retirement system or any other retirement system of thestate of Kansas, however, such service may be used in determining whether theperson has been employed for 10 or more calendar years.

      (b)   The service described in subsection (a) may be used by members ofthe Kansas public employees retirement system in determining whether suchindividuals meet any service requirements under such system. Except asprovided in K.S.A. 74-49a175 and amendments thereto, nobenefit for service described insubsection(a) shall be the basis of any benefit paid under the Kansas public employeesretirement system.

      (c)   No person's monthly retirement benefit under this section shall beincreased for any period of employment with the legislative branch of thestate of Kansas after applying for and commencing to receive such benefit,nor shall any benefit be forfeited for subsequent employment by thelegislative branch of the state of Kansas, except as provided in K.S.A.74-49a175 and amendments thereto. All benefits shall be paidfrom the Kansas public employeesretirement fund. As soon as practical after the close of each fiscal year, theexecutive secretary of the Kansas public employees retirement system shallcertify to the chairperson of the legislative coordinating council the amountof benefits paid under this section during the preceding fiscal year. Thelegislature shall pay to the Kansas public employees retirement fund frommoneys appropriated to the legislature a sum equal to the amount of anybenefits payable in the preceding fiscal year under the provisions of thissection.

      (d)   In accordance with the provisions of this subsection, the legislativecoordinating council may terminate the benefits under this section. If thelegislative coordinating council decides to terminate benefits under thissection, the chairperson of the council shall notify, in writing, the executivesecretary of the Kansas public employees retirement system of such termination.Upon notification of termination of benefits under this section, no furtherbenefits will be payable under the provisions of this section in any fiscalyear which commences after the fiscal year in which notification of terminationis given. Termination of benefits under this section shall not constitute aclaim against the state of Kansas or the Kansas public employees retirementsystem by any person receiving a benefit under the provisions of this sectionor who would have been eligible to receive a benefit under the provisions ofthis section in the future.

      (e)   Any person who is first employed by the legislative branch of the state ofKansas prior to July 1, 1996,and who is employed on July 1, 1996,may elect prior to October 1, 1996,to be coveredby the provisions of this section or the provisions relating to the deferredcompensation plan as provided in K.S.A. 74-4911f and amendments thereto byfiling an election in the office of the appointing authority of such person insuch form andmanner as prescribed by such appointing authority. In the event any suchperson fails to filethe election provided in this subsection, it shall be presumed that such personhas elected to be covered by the provisions of this section. Any person firstemployed by the legislative branch of the state of Kansas prior to July 1,1996, who is not employed as such on July 1, 1996, may make the electionprovided in this section within 30 days of returning to such employment. Noperson first employed by the legislative branch of the state of Kansas on andafter July 1, 1996, shall be eligible for any monthly retirement benefit underthis section.

      History:   L. 1984, ch. 318, § 14; L. 1988, ch. 302, § 34; L. 1992,ch. 321, § 5;L. 1996, ch. 266, § 21; July 1.