Session of 1999
         
HOUSE BILL No. 2524
         
By Committee on Appropriations
          
2-19
          
  9             AN  ACT concerning retirement; relating to state officers and employees;
10             concerning exempting the department of corrections from making cer-
11             tain position reductions based on state employee retirements; amend-
12             ing K.S.A. 1998 Supp. 75-6801 and repealing the existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 75-6801 is hereby amended to read as
16       follows: 75-6801. (a) As used in this section:
17             (1) "Executive secretary" means the executive secretary of the Kansas
18       public employees retirement system.
19             (2) "F.T.E. positions" means the number of full time and regular part
20       time positions equated to full time, excluding seasonal and temporary
21       positions, paid from appropriations.
22             (3) "Head of the governmental branch" means the governor, in the
23       case of the executive branch; and the legislative coordinating council, in
24       the case of the legislative branch.
25             (4) "Retiree" means any person electing to retire pursuant to K.S.A.
26       74-4914, and amendments thereto, except that "retiree" shall not include
27       any person who is retiring from a position which provides direct care for
28       patients at Topeka state hospital, Osawatomie state hospital, Rainbow
29       mental health facility or Larned state hospital, Kansas neurological insti-
30       tute, Parsons state hospital and training center, Winfield state hospital
31       and training center, university of Kansas medical center, Atchison juvenile
32       correctional facility, Beloit juvenile correctional facility, Larned juvenile
33       correctional facility, Topeka juvenile correctional facility, Kansas soldiers'
34       home and Kansas veterans' home.
35             (b) The executive secretary shall provide the head of the govern-
36       mental branch notice of the name, employing state agency and retirement
37       date of each retiree retiring after the effective date of this act and such
38       other information that may be prescribed by the head of the govern-
39       mental branch.
40             (c)  (1) Upon receipt of each notice pursuant to subsection (b) re-
41       garding a retiree employed by a state agency in the executive branch, the
42       governor shall direct the secretary of administration to reduce by one the
43       number of F.T.E. positions authorized for the state agency that employed

HB 2524

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  1       the retiree and reduce the expenditure authority of such state agency in
  2       an amount attributable to the amount of unused salary and employer-
  3       paid benefits attributable to the retiree's job position.
  4             (2) Upon receipt of each notice pursuant to subsection (c) regarding
  5       a retiree employed by a state agency in the legislative branch, the legis-
  6       lative coordinating council shall reduce by one the number of F.T.E.
  7       positions for the state agency that employed the retiree and reduce the
  8       expenditure authority of such state agency in an amount attributable to
  9       the retiree's job position.
10             (d)  (1) For reductions made in the executive branch of government,
11       the governor is authorized to restore or allocate, to any state agency or
12       agencies within the executive branch, no more than 3/4 of the F.T.E.
13       positions and expenditure authority reductions made pursuant to subsec-
14       tion (c)(1), except that, upon request of the governor, the reduced num-
15       ber of authorized F.T.E. positions and the reduced amount of expendi-
16       ture authority established under subsection (c)(1) for a state agency in
17       the executive branch of government may be increased upon approval by
18       the state finance council acting on this matter which is hereby character-
19       ized as a matter of legislative delegation and subject to the guidelines
20       prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
21             (2) For reductions made in the legislative branch of government, the
22       legislative coordinating council is authorized to restore or allocate, to any
23       state agency or agencies within the legislative branch, no more than 3/4 of
24       the F.T.E. positions and expenditure authority reductions made pursuant
25       to subsection (c)(2), except that, upon request of the agency head, the
26       reduced number of authorized F.T.E. positions and the reduced amount
27       of expenditure authority established under subsection (c) for a state
28       agency in the legislative branch of government may be increased upon
29       approval by the legislative coordinating council.
30             (e) The secretary of administration is authorized to prescribe such
31       policies and procedures as may be deemed necessary to carry out the
32       provisions of this section.
33             (f) Provisions of this section shall not apply to the department of
34       corrections. 
35       Sec.  2. K.S.A. 1998 Supp. 75-6801 is hereby repealed.
36        Sec.  3. This act shall take effect and be in force from and after its
37       publication in the statute book.