Session of 2000
         
HOUSE BILL No. 2667
         
By Kansas 2000 Select Committee
         
1-20
         

10             AN  ACT concerning retirement; relating to optional defined contribu-
11             tion plan for certain unclassified employees who are members of the
12             Kansas public employees retirement system.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) The board of trustees of the Kansas public employees
16       retirement system shall offer a defined contribution retirement plan for
17       officers and employees in the unclassified service under the Kansas civil
18       service act who are members of the Kansas public employees retirement
19       system. The retirement plan shall qualify as a defined contribution plan
20       under the federal internal revenue code of 1986, as amended. Except as
21       otherwise provided by law, participation in the retirement plan offered
22       pursuant to this section shall be in lieu of the Kansas public employees
23       retirement system as in effect prior to the effective date of this act.
24             (b) Each current officer or employee and each officer or employee
25       who first serves on or after the effective date of this act shall elect to be
26       a member of the Kansas public employees retirement system or to par-
27       ticipate in the retirement plan offered pursuant to this section. The elec-
28       tion must be filed by October 1, 2001, for current officers and employees
29       and within 90 days of first becoming a member for officers and employees
30       who first serve on or after the effective date of this act. Such election is
31       irrevocable. If such election is not filed by the member, such member
32       shall be a member of the Kansas public employees retirement system as
33       in effect prior to the effective date of this act. Each officer or employee
34       who elects to participate in the defined contribution retirement plan as
35       provided in this section who has accrued service credit in the Kansas
36       public employees retirement system prior to the effective date of this act,
37       for the purposes of determination of a retirement benefit as provided in
38       K.S.A. 74-4915 and amendments thereto for service prior to the effective
39       date of this act, shall have a final average salary as provided in K.S.A. 74-
40       4902 and amendment thereto and years of participating services deter-
41       mined as of the effective date of this act. No participating service after
42       the effective date of this act shall affect such determination.
43             (c) Officers or employees who elect to participate in the defined con-


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  1       tribution retirement plan as provided in this section shall contribute an
  2       amount equal to 4% of such member's compensation. The state of Kansas
  3       shall contribute to each officer's or employee's account an amount equal
  4       to 4% of such officer's or member's compensation for each payroll period.
  5       An officer or employee may make additional contributions to the plan
  6       beyond the amounts provided by law, except that the total annual con-
  7       tributions by an officer or employee in any calendar year shall not exceed
  8       the maximum amount permitted for such plans under the federal internal
  9       revenue code of 1986, as amended. Contributions shall not be subject to
10       taxation until distribution is actually made or made available to the officer
11       or employee.
12             (d) Any officer or employee serving prior to the effective date of this
13       act who: (A) Has not been granted a vested retirement benefit in the
14       system as provided in K.S.A. 74-4917, and amendments thereto; (B) is
15       participating in the defined contribution plan provided by this act; (c) has
16       reached the early or normal retirement dates as provided in K.S.A. 74-
17       4914, and amendments thereto; and (D) is still an officer or employee at
18       that time; shall be eligible to receive a retirement benefit based on such
19       officer's or member's years of service notwithstanding the fact that such
20       officer or employee has not been granted a vested retirement benefit as
21       provided in K.S.A. 74-4917, and amendments thereto. Receipt of such
22       retirement benefit shall be as otherwise provided by law.
23             (e) If an officer or employee who elects to participate in the defined
24       contribution retirement plan offered pursuant to this section has com-
25       pleted two years of credited service, such officer or employee shall be
26       granted a vested retirement benefit in such retirement plan.
27             (f) Any officer or employee who elects to participate in the defined
28       contribution retirement plan offered pursuant to this section shall be
29       eligible for the death and disability benefit as provided in K.S.A. 74-4916,
30       and amendments thereto, and the death benefit, optional death benefit
31       and the long-term disability benefit as provided in K.S.A. 74-4927 and
32       amendments thereto. The cost of such officer's or employee's participa-
33       tion shall be paid by the officer's or employee's participating employer as
34       provided in K.S.A. 74-4927 and amendments thereto.
35             (g) The board shall administer the defined contribution retirement
36       plan offered pursuant to this section and shall establish rules and regu-
37       lations for the administration of the plan.
38             (h) The provisions of this section shall not apply to members of the
39       Kansas police and firemen's retirement system and the retirement system
40       for judges.
41             (i) The provisions of this section shall be part of and supplemental to
42       the provisions of K.S.A. 74-4901 et seq. and amendments thereto.
43        Sec.  2. This act shall take effect and be in force from and after July


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  1       1, 2001, and its publication in the statute book.