As Amended by Senate Committee
         
Session of 1999
         
SENATE BILL No. 40
         
By Committee on Ways and Means
         
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10             AN  ACT concerning the Kansas public employees retirement system;
11             relating to members of the legislature; service after retirement; amend-
12             ing K.S.A. 1998 Supp. 74-4914 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. 74-4914 is hereby amended to read as
16       follows: 74-4914. (1) The normal retirement date for a member of the
17       system shall be the first day of the month coinciding with or following
18       termination of employment with any participating employer not followed
19       by employment with any participating employer within 30 days and the
20       attainment of age 65 or, commencing July 1, 1993, age 62 with the com-
21       pletion of 10 years of credited service or the first day of the month co-
22       inciding with or following the date that the total of the number of years
23       of credited service and the number of years of attained age of the member
24       is equal to or more than 85. In no event shall a normal retirement date
25       for a member be before six months after the entry date of the participating
26       employer by whom such member is employed. A member may retire on
27       the normal retirement date or on the first day of any month thereafter
28       upon the filing with the office of the retirement system of an application
29       in such form and manner as the board shall prescribe. Nothing herein
30       shall prevent any person, member or retirant from being employed, ap-
31       pointed or elected as an employee, appointee, officer or member of the
32       legislature. Elected officers may retire from the system on any date on
33       or after the attainment of the normal retirement date, but no retirement
34       benefits payable under this act shall be paid until the member has ter-
35       minated such member's office.
36             (2) No retirant shall make contributions to the system or receive serv-
37       ice credit for any service after the date of retirement.
38             (3) Any member who is an employee of an affiliating employer pur-
39       suant to K.S.A. 74-4954b and amendments thereto and has not withdrawn
40       such member's accumulated contributions from the Kansas police and
41       firemen's retirement system may retire before such member's normal
42       retirement date on the first day of any month coinciding with or following
43       the attainment of age 55.

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  1             (4) Any member may retire before such member's normal retirement
  2       date on the first day of any month coinciding with or following termination
  3       of employment with any participating employer not followed by employ-
  4       ment with any participating employer within 30 days and the attainment
  5       of age 55 with the completion of 10 years of credited service, but in no
  6       event before six months after the entry date, upon the filing with the
  7       office of the retirement system of an application for retirement in such
  8       form and manner as the board shall prescribe.
  9             (5) If a retirant who retired on or after July 1, 1988, is employed or
10       appointed in or to any position or office for which compensation for serv-
11       ice is paid in an amount equal to $15,000 or more in any one such calendar
12       year, by any participating employer for which such retirant was employed
13       or appointed during the final two years of such retirant's participation,
14       such retirant shall not receive any retirement benefit for any month for
15       which such retirant serves in such position or office. The participating
16       employer shall report to the system within 30 days of when the compen-
17       sation paid to the retirant is equal to or exceeds any limitation provided
18       by this section. Any retirant employed by a participating employer shall
19       not make contributions nor receive additional credit under such system
20       for such service except as provided by this section. Upon request of the
21       executive secretary of the system, the secretary of revenue shall provide
22       such information as may be needed by the executive secretary to carry
23       out the provisions of this act. The provisions of this subsection shall not
24       apply to retirants employed as substitute teachers or officers, employees,
25       appointees or members of the legislature or any other elected officials,
26       except that nothing in this subsection shall invalidate the effect of the
27       provisions of subsection (7) with regard to members of the legislature.
28             (6) For purposes of this section, any employee of a local governmental
29       unit which has its own pension plan who becomes an employee of a
30       participating employer as a result of a merger or consolidation of services
31       provided by local governmental units, which occurred on January 1, 1994,
32       may count service with such local governmental unit in determining
33       whether such employee has met the years of credited service require-
34       ments contained in this section.
35             (7) Notwithstanding any other provision of law, if a retirant who
36       retired as a member of the legislature on or after July 1, 1998 January
37       8, 2001, and who after such retirement serves as a member of the legis-
38       lature once again, commencing with the legislative session commencing
39       January 11, 1999, or commencing with any legislative session commencing
40       thereafter, such retirant shall not receive any retirement benefit for any
41       month for which such retirant serves as a member of the legislature sub-
42       sequent to such member's retirement. Such retirant shall not make con-
43       tributions nor receive additional credit under such system for such sub-

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  1       sequent service as a member of the legislature. If such retirant retires once
  2       again from service as a member of the legislature then such retirant shall
  3       receive the retirant's retirement benefit as provided by law. 
  4       Sec.  2. K.S.A. 1998 Supp. 74-4914 is hereby repealed.
  5        Sec.  3. This act shall take effect and be in force from and after its
  6       publication in the Kansas register.