Session of 1999
         
HOUSE BILL No. 2426
         
By Committee on Appropriations
          
2-10
          
  9             AN  ACT concerning the Kansas police and firemen's retirement system;
10             relating to affiliation of the office of state fire marshal; election by fire
11             investigators; employee and employer contributions.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) On the effective date of this act, the office of state fire
15       marshal shall be an eligible employer as defined in K.S.A. 74-4952 and
16       amendments thereto and shall affiliate with the Kansas police and fire-
17       men's retirement system established under K.S.A. 74-4951 et seq. and
18       amendments thereto. The office of state fire marshal shall make appli-
19       cation for affiliation with such system in the manner provided by K.S.A.
20       74-4954 and amendments thereto, to be effective on July 1 of the next
21       year following application.
22             (b) The division of the budget and the governor shall include in the
23       budget and in the budget request for appropriations for personnel serv-
24       ices, the amount required to satisfy the employer's obligation under this
25       act as certified by the board of trustees of the system, and shall present
26       the same to the legislature for allowance and appropriation. Upon affili-
27       ation, the office of the state fire marshal shall pay to the system a sum
28       sufficient to satisfy such obligations as certified by the board.
29             (c) The determination of retirement, death or disability benefits, shall
30       be computed upon the basis of "credited service," as used in K.S.A. 74-
31       4951 et seq., and amendments thereto, but shall include only participating
32       service with the office of state fire marshal, commencing on and after the
33       effective date of affiliation by the state fire marshal's office with the police
34       and firemen's retirement system.
35             (d) Any rights or benefits accruing to any fire investigator of the office
36       of state fire marshal prior to the effective date of affiliation shall be de-
37       termined pursuant to the provisions of K.S.A. 74-4901 et seq., and amend-
38       ments thereto. Any fire investigator who becomes a member pursuant to
39       this section, who has a vested retirement benefit pursuant to K.S.A. 74-
40       4917, and amendments thereto who terminates employment prior to at-
41       taining a vested benefit pursuant to K.S.A. 74-4963, and amendments
42       thereto may have such service credited for purposes of computing retire-
43       ment benefits pursuant to K.S.A. 74-4901 et seq., and amendments

HB 2426

2

  1       thereto.
  2             Sec.  2. (a) Each fire investigator employed by the office of the state
  3       fire marshal on the date of affiliation, may become a member of the
  4       Kansas police and firemen's retirement system on the first day of the
  5       payroll period following the entry date of the office of the state fire mar-
  6       shal into the system, only by filing a written election to become a member,
  7       with the board of trustees of the system, on or before the entry date of
  8       the office of state fire marshal into the system. Failure to file a written
  9       election shall be presumed to be an election not to become a member of
10       the system. An election, whether to become a member or not to become
11       a member, shall be irrevocable.
12             (b) Each fire investigator who is on an authorized leave of absence
13       or is in the active military service on the entry date of the office of the
14       state fire marshal into the system, may become a member of the Kansas
15       police and firemen's retirement system on the first day of the first payroll
16       period of the fire investigator's return to active employment and payroll
17       of the office of the state fire marshal, only by filing with the board of
18       trustees of the system within 10 days after returning to active employ-
19       ment, a written election to become a member of the system. Failure to
20       file such written election shall be presumed to be an election not to
21       become a member. An election, whether to become a member or not to
22       become a member, shall be irrevocable.
23             (c) Every person who is employed as a fire investigator on or after
24       the entry date of the office of the state fire marshal into the Kansas police
25       and firemen's retirement system shall become a member of the Kansas
26       police and firemen's retirement system on the first day of employment.
27             Sec.  3. (a) Except as otherwise provided by this act, any fire inves-
28       tigator employed by the office of state fire marshal who becomes a mem-
29       ber of the Kansas police and firemen's retirement system shall be subject
30       to all the provisions of K.S.A. 74-4951 through 74-4970, and amendments
31       thereto.
32             (b) Beginning with the first payment of compensation for services of
33       a fire investigator after becoming a member of the Kansas police and
34       firemen's retirement system, the employer shall deduct from the com-
35       pensation of such member 7% as the employee contribution to the sys-
36       tem. Such deductions shall be remitted, deposited and credited as pro-
37       vided in K.S.A 74-4965, and amendments thereto.
38        Sec.  4. This act shall take effect and be in force from and after its
39       publication in the statute book.