Session of 2000
         
HOUSE BILL No. 3043
         
By Committee on Appropriations
         
3-16
         

10             AN  ACT concerning retirement and pensions; relating to the Kansas
11             public employees retirement system and systems thereunder; retire-
12             ment options; payment of lump sum amount; amending K.S.A. 1999
13             Supp. 20-2610a, 74-4918, 74-4964 and 74-4964a and repealing the
14             existing sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 20-2610a is hereby amended to read
18       as follows: 20-2610a. (a) A judge may elect to have such judge's retirement
19       annuity paid under one of the options provided in this section in lieu of
20       having it paid in the form stated in K.S.A. 20-2610 and amendments
21       thereto. Such election shall be made before the date of actual retirement.
22       A specific person shall be designated as joint annuitant at the time of
23       election of the joint and 1/2 to joint annuitant survivor option, joint and
24       survivor option and the joint and 3/4 to joint annuitant survivor option.
25       Under no circumstances may an option be changed or canceled nor the
26       named joint annuitant changed after the date of actual retirement of the
27       judge.
28             (b) The amount of retirement annuity payable under an option shall
29       be based on the age of the judge and, if applicable, the age of the joint
30       annuitant, and shall be such amount as to be the actuarial equivalent of
31       the retirement annuity otherwise payable under K.S.A. 20-2610 and
32       amendments thereto as prescribed in subsection (c). Whenever the
33       amount of any benefit is to be determined on the basis of actuarial as-
34       sumptions, the assumptions shall be specified in a way that precludes
35       employer discretion. In no case shall the total amount of retirement an-
36       nuity payable under any option provided in this section be more than
37       100% of the retirement annuity which would have been otherwise payable
38       if no option had been elected under this section.
39             (c) The following retirement options, which are subject to the pro-
40       visions of K.S.A. 1999 Supp. 74-49,123 and amendments thereto, are
41       available:
42             (1) Joint and 1/2 to joint annuitant survivor. A reduced retirement
43       annuity payable to the judge during the judge's lifetime in a monthly


2

  1       amount equal to the product of (A) the monthly payment of the retire-
  2       ment annuity otherwise payable under K.S.A. 20-2610 and amendments
  3       thereto and (B) the percentage equal to 91% minus .4% for each year by
  4       which the age of the judge's joint annuitant is less than the judge's age,
  5       computed to the nearest whole year, or plus .4% for each year by which
  6       the age of the judge's joint annuitant is more than the judge's age, com-
  7       puted to the nearest whole year, with 1/2 of that monthly amount contin-
  8       ued to the judge's joint annuitant during such joint annuitant's remaining
  9       lifetime, if any, after the death of the judge. In the event that the desig-
10       nated joint annuitant under this option predeceases the retired judge, the
11       amount of the retirement annuity otherwise payable to the judge under
12       this option shall be adjusted automatically to the retirement annuity which
13       the judge would have received if no option had been elected under this
14       section.
15             (2) Joint and survivor. A reduced retirement annuity payable to the
16       judge during the judge's lifetime in a monthly amount equal to the prod-
17       uct of (A) the monthly payment of the retirement annuity otherwise pay-
18       able under K.S.A. 20-2610 and amendments thereto and (B) the per-
19       centage equal to 83% minus .6% for each year by which the age of the
20       judge's joint annuitant is less than the judge's age, computed to the near-
21       est whole year, or plus .6% for each year by which the age of the judge's
22       joint annuitant is more than the judge's age, computed to the nearest
23       whole year, with that monthly amount continued to the joint annuitant
24       during the joint annuitant's remaining lifetime, if any, after the death of
25       judge. In the event that the designated joint annuitant under this option
26       predeceases the retired judge, the amount of the retirement annuity oth-
27       erwise payable to the judge under this option shall be adjusted automat-
28       ically to the retirement annuity which the judge would have received if
29       no option had been elected under this section.
30             (3) Joint and 3/4 to joint annuitant survivor. A reduced retirement
31       annuity payable to the judge during the judge's lifetime in a monthly
32       amount equal to the product of (A) the monthly payment of the retire-
33       ment annuity otherwise payable under K.S.A. 20-2610 and amendments
34       thereto and (B) the percentage equal to 87% minus .5% for each year by
35       which the age of the judge's joint annuitant is less than the judge's age,
36       computed to the nearest whole year, or plus .5% for each year by which
37       the age of the judge's joint annuitant is more than the judge's age, com-
38       puted to the nearest whole year, with 3/4 of that monthly amount contin-
39       ued to the judge's joint annuitant during such joint annuitant's remaining
40       lifetime, if any, after the death of the judge. In the event that the desig-
41       nated joint annuitant under this option predeceases the retired judge, the
42       amount of the retirement annuity otherwise payable to the judge under
43       this option shall be adjusted automatically to the retirement annuity which


3

  1       the judge would have received if no option had been elected under this
  2       section.
  3             (4) Life with 5 years certain. A reduced retirement annuity payable
  4       to the judge during the judge's lifetime in a monthly amount equal to
  5       98% of the monthly payment of the retirement annuity otherwise payable
  6       under K.S.A. 20-2610 and amendments thereto and if the judge dies
  7       within the five-year certain period, measured from the commencement
  8       of retirement annuity payments, such monthly payments shall be contin-
  9       ued to such judge's beneficiary during the balance of the five-year certain
10       period.
11             (5) Life with 10 years certain. A reduced retirement annuity payable
12       to the judge during the judge's lifetime in a monthly amount equal to
13       95% of the monthly payment of the retirement annuity otherwise payable
14       under K.S.A. 20-2610 and amendments thereto and if the judge dies
15       within the ten-year certain period, measured from the commencement
16       of retirement annuity payments, such monthly payments shall be contin-
17       ued to such judge's beneficiary during the balance of the ten-year certain
18       period.
19             (6) Life with 15 years certain. A reduced retirement annuity payable
20       to the judge during the judge's lifetime in a monthly amount equal to
21       88% of the monthly payment of the retirement annuity otherwise payable
22       under K.S.A. 20-2610 and amendments thereto and if the judge dies
23       within the fifteen-year certain period, measured from the commence-
24       ment of retirement annuity payments, such monthly payments shall be
25       continued to such judge's beneficiary during the balance of the fifteen-
26       year certain period.
27             (7) Lump sum payment at retirement. (A) On and after July 1, 2001,
28       the judge must specify a lump sum amount to be paid to the judge upon
29       the judge's retirement. The lump sum amount will be based on the actu-
30       arial present value of the benefit as provided in K.S.A. 20-2610, and
31       amendments thereto. The lump sum amount designated by the judge must
32       be in $1,000 increments and shall not exceed 1/2 of the actuarial present
33       value of the benefit provided in K.S.A. 20-2610, and amendments thereto.
34             (B) On and after July 1, 2001, the judge must elect to have the re-
35       maining actuarial present value paid in a monthly amount under the
36       provisions of K.S.A. 20-2610, and amendments thereto, or subsections
37       (c)(1) through (c)(6) of this section.
38             (8) Lump sum payment at death. (A) On and after July 1, 2001, the
39       judge must specify a lump sum amount to be paid to the judge's benefi-
40       ciary upon the judge's death. The lump sum amount designated by the
41       judge must be in $1,000 increments and shall not reduce the benefit pro-
42       vided in K.S.A. 20-2610, and amendments thereto, by more than 1/2.
43             (B) On and after July 1, 2001, the judge must elect to have the re-


4

  1       maining actuarial present value paid in a monthly amount under the
  2       provisions of K.S.A. 20-2610, and amendments thereto or subsections
  3       (c)(1) through (c)(6) of this section.
  4             (d) If a judge, who is eligible to retire, dies without having actually
  5       retired, the judge's spouse, if the spouse is the sole beneficiary for the
  6       judge's accumulated contributions, may elect to receive benefits as a joint
  7       annuitant under one of the options provided in this section in lieu of
  8       receiving the judge's accumulated contributions.
  9             (e) On and after July 1, 1993, if a judge with 15 or more years of
10       credited service dies before attaining retirement age, the judge's spouse,
11       if the spouse is the sole beneficiary for the judge's accumulated contri-
12       butions, may elect to receive benefits under one of the options provided
13       in this section in lieu of receiving the judge's accumulated contributions.
14       Payments under one of the options provided in this section to the judge's
15       spouse if so elected, shall commence on the date that the judge would
16       have first attained retirement age.
17             (f) Benefits payable to a joint annuitant shall accrue from the first
18       day of the month following the death of a member or retirant and, in the
19       case of the joint and 1/2 to joint annuitant survivor option, the joint and
20       survivor option and the joint and 3/4 to joint annuitant survivor option,
21       shall end on the last day of the month in which the joint annuitant dies.
22             (g) The provisions of the law in effect on the retirement date of a
23       judge under the retirement system for judges shall govern the retirement
24       annuity payable to the retired judge and any joint annuitant, except, for
25       retirement benefits payable after July 1, 1993, for judges who retired prior
26       to July 1, 1982, in the event that the designated joint annuitant under the
27       option provided in subsection (c)(1), (2) or (3), as applicable, predeceased
28       the judge, the amount of the retirement benefit otherwise payable to the
29       judge under the option provided in subsection (c)(1), (2) or (3), as appli-
30       cable, shall be adjusted automatically to the retirement benefit which the
31       judge would have received if no option had been elected under this
32       section.
33             (h) Upon the death of a joint annuitant who is receiving a retirement
34       benefit under the provisions of this section, there shall be paid to such
35       joint annuitant's beneficiary an amount equal to the excess, if any, of the
36       accumulated contributions of the retired judge over the sum of all retire-
37       ment benefit payments made to such retired judge and such joint annu-
38       itant. Such joint annuitant shall designate a beneficiary by filing in the
39       office of the retirement system such designation at the time of death of
40       the retired judge. If there is no named beneficiary of such joint annuitant
41       living at the time of death of such joint annuitant, any amount provided
42       for by this section shall be paid to, in order of preference as follows:
43             (1) The joint annuitant's surviving spouse;


5

  1             (2) the joint annuitant's dependent child or children;
  2             (3) the joint annuitant's dependent parent or parents;
  3             (4) the joint annuitant's nondependent child or children;
  4             (5) the joint annuitant's nondependent parent or parents; or
  5             (6) the estate of the deceased joint annuitant.
  6             (i) In any event, benefits shall be adjusted as necessary to satisfy the
  7       incidental death benefits regulations under the federal internal revenue
  8       code.
  9             Sec.  2. K.S.A. 1999 Supp. 74-4918 is hereby amended to read as
10       follows: 74-4918. (1) A member may elect to have such member's retire-
11       ment benefit paid under one of the options provided in this section in
12       lieu of having it paid in the form stated in K.S.A. 74-4915 and amend-
13       ments thereto. Such election must be made before the date of actual
14       retirement. A specific person must be designated as joint annuitant at the
15       time of election of the joint and 1/2 to joint annuitant survivor option, the
16       joint and survivor option and the joint and 3/4 to joint annuitant survivor
17       option. Under no circumstances may an option be changed or canceled
18       nor the named joint annuitant changed after the date of actual retirement
19       of the member.
20             (2) The amount of retirement benefit payable under an option shall
21       be based on the age of the member and, if applicable, the age of the joint
22       annuitant, and shall be such amount as to be the actuarial equivalent of
23       the retirement benefit otherwise payable under K.S.A. 74-4915 and
24       amendments thereto, as prescribed in subsection (3). In no case shall the
25       total amount of retirement benefit paid under any option provided in this
26       section be more than 100% of the retirement benefit which would have
27       been otherwise payable if no option had been elected under this section.
28             (3) The following retirement options, which are subject to the pro-
29       visions of K.S.A. 1999 Supp. 74-49,123 and amendments thereto, are
30       available:
31             (A) Joint and 1/2 to joint annuitant survivor. A reduced retirement
32       benefit is payable to the retirant during the retirant's lifetime in a monthly
33       amount equal to the product of (A) (i) the monthly payment of the re-
34       tirement benefit otherwise payable under K.S.A. 74-4915 and amend-
35       ments thereto and (B) (ii) the percentage equal to 91% minus .4% for
36       each year by which the age of the retirant's joint annuitant is less than
37       the retirant's age, computed to the nearest whole year, or plus .4% for
38       each year by which the age of the retirant's joint annuitant is more than
39       the retirant's age, computed to the nearest whole year, with 1/2 of that
40       monthly amount continued to the retirant's joint annuitant during such
41       joint annuitant's remaining lifetime, if any, after the death of the retirant.
42       In the event that the designated joint annuitant under this option pre-
43       deceases the retirant, the amount of the retirement benefit otherwise


6

  1       payable to the retirant under this option shall be adjusted automatically
  2       to the retirement benefit which the retirant would have received if no
  3       option had been elected under this section.
  4             (B) Joint and survivor. A reduced retirement benefit is payable to
  5       the retirant during the retirant's lifetime in a monthly amount equal to
  6       the product of (A) (i) the monthly payment of the retirement benefit
  7       otherwise payable under K.S.A. 74-4915 and amendments thereto and
  8       (B) (ii) the percentage equal to 83% minus .6% for each year by which
  9       the age of the retirant's joint annuitant is less than the retirant's age,
10       computed to the nearest whole year, or plus .6% for each year by which
11       the age of the retirant's joint annuitant is more than the retirant's age,
12       computed to the nearest whole year, with that amount continued to the
13       joint annuitant during the joint annuitant's remaining lifetime, if any, after
14       the death of the retirant. In the event that the designated joint annuitant
15       under this option predeceases the retirant, the amount of the retirement
16       benefit otherwise payable to the retirant under this option shall be ad-
17       justed automatically to the retirement benefit which the retirant would
18       have received if no option had been elected under this section.
19             (C) Joint and 3/4 to joint annuitant survivor. A reduced retirement
20       benefit is payable to the retirant during the retirant's lifetime in a monthly
21       amount equal to the product of (A) (i) the monthly payment of the re-
22       tirement benefit otherwise payable under K.S.A. 74-4915 and amend-
23       ments thereto and (B) (ii) the percentage equal to 87% minus .5% for
24       each year by which the age of the retirant's joint annuitant is less than
25       the retirant's age, computed to the nearest whole year, or plus .5% for
26       each year by which the age of the retirant's joint annuitant is more than
27       the retirant's age, computed to the nearest whole year, with 3/4 of that
28       monthly amount continued to the retirant's joint annuitant during such
29       joint annuitant's remaining lifetime, if any, after the death of the retirant.
30       In the event that the designated joint annuitant under this option pre-
31       deceases the retirant, the amount of the retirement benefit otherwise
32       payable to the retirant under this option shall be adjusted automatically
33       to the retirement benefit which the retirant would have received if no
34       option had been elected under this section.
35             (D) Life with 5 years certain. A reduced retirement benefit is payable
36       to the retirant during the retirant's lifetime in a monthly amount equal
37       to 98% of the monthly payment of the retirement benefit otherwise pay-
38       able under K.S.A. 74-4915 and amendments thereto and if the retirant
39       dies within the five-year certain period, measured from the commence-
40       ment of retirement benefit payments, such payments shall be continued
41       to the retirant's beneficiary during the balance of the five-year certain
42       period.
43             (E) Life with 10 years certain. A reduced retirement benefit is pay-


7

  1       able to the retirant during the retirant's lifetime in a monthly amount
  2       equal to 95% of the monthly payment of the retirement benefit otherwise
  3       payable under K.S.A. 74-4915 and amendments thereto and if the retirant
  4       dies within the ten-year certain period, measured from the commence-
  5       ment of retirement benefit payments, such payments shall be continued
  6       to the retirant's beneficiary during the balance of the ten-year certain
  7       period.
  8             (F) Life with 15 years certain. A reduced retirement benefit is pay-
  9       able to the retirant during the retirant's lifetime in a monthly amount
10       equal to 88% of the monthly payment of the retirement benefit otherwise
11       payable under K.S.A. 74-4915 and amendments thereto and if the retirant
12       dies within the fifteen-year certain period, measured from the com-
13       mencement of retirement benefit payments, such payments shall be con-
14       tinued to the retirant's beneficiary during the balance of the fifteen-year
15       certain period.
16             (G) Lump sum payment at retirement. (i) On and after July 1, 2001,
17       the member must specify a lump sum amount to be paid to the member
18       upon the member's retirement. The lump sum amount will be based on
19       the actuarial present value of the benefit as provided in K.S.A. 74-4915,
20       and amendments thereto. The lump sum amount designated by the mem-
21       ber must be in $1,000 increments and shall not exceed 1/2 of the actuarial
22       present value of the benefit provided in K.S.A. 74-4915, and amendments
23       thereto.
24             (ii) On and after July 1, 2001, the member must elect to have the
25       remaining actuarial present value paid in a monthly amount under the
26       provisions of K.S.A. 74-4915, and amendments thereto, or subsections
27       (3)(A) through (3)(F) of this section.
28             (H) Lump sum payment at death. (i) On and after July 1, 2001, the
29       member must specify a lump sum amount to be paid to the member's
30       beneficiary upon the member's death. The lump sum amount designated
31       by the member must be in $1,000 increments and shall not reduce the
32       benefit provided in K.S.A. 74-4915, and amendments thereto, by more
33       than 1/2.
34             (ii) On and after July 1, 2001, the member must elect to have the
35       remaining actuarial present value paid in a monthly amount under the
36       provisions of K.S.A. 74-4915, and amendment thereto, or subsections
37       (3)(A) through (3)(F) of this section.
38             (4) If a member, who is eligible to retire in accordance with the pro-
39       visions of K.S.A. 74-4914 and amendments thereto, dies without having
40       actually retired, the member's spouse, if the spouse is the sole beneficiary
41       for the member's accumulated contributions, may elect to receive ben-
42       efits under one of the options provided in this section in lieu of receiving
43       the member's accumulated contributions.


8

  1             (5) The benefits of subsection (4) shall be available in the case of
  2       death within the first six months after the entry date of the member's
  3       participating employer.
  4             (6) On and after January 1, 1991, if a member with 15 or more years
  5       of credited service dies before attaining retirement age, the member's
  6       spouse, if the spouse is the sole beneficiary for the member's accumulated
  7       contributions, may elect to receive benefits under one of the options
  8       provided in this section in lieu of receiving the member's accumulated
  9       contributions. Payments under one of the options provided in this section
10       to the member's spouse if so elected, shall commence on the date that
11       the member would have attained retirement age.
12             (7) Benefits payable to a joint annuitant shall accrue from the first
13       day of the month following the death of a member or retirant and, in the
14       case of the joint and 1/2 to joint annuitant survivor option, the joint and
15       survivor option and the joint and 3/4 to joint annuitant survivor option,
16       shall end on the last day of the month in which the joint annuitant dies.
17             (8) The provisions of the law in effect on the retirement date of a
18       member under the system shall govern the retirement benefit payable to
19       the retirant and any joint annuitant, except, for retirement benefits pay-
20       able after July 1, 1993, for retirants who retired prior to July 1, 1982, in
21       the event that the designated joint annuitant under the option provided
22       in subsection (3)(A), (B) or (C), as applicable, predeceased the retirant,
23       the amount of the retirement benefit otherwise payable to the retirant
24       under the option provided in subsection (3)(A), (B) or (C), as applicable,
25       shall be adjusted automatically to the retirement benefit which the retir-
26       ant would have received if no option had been elected under this section.
27             (9) Upon the death of a joint annuitant who is receiving a retirement
28       benefit under the provisions of this section, there shall be paid to such
29       joint annuitant's beneficiary an amount equal to the excess, if any, of the
30       accumulated contributions of the retirant over the sum of all retirement
31       benefit payments made to such retirant and such joint annuitant. Such
32       joint annuitant shall designate a beneficiary by filing in the office of the
33       retirement system such designation at the time of death of the retirant.
34       If there is no named beneficiary of such joint annuitant living at the time
35       of death of such joint annuitant, any amount provided for by this section
36       shall be paid to, in order of preference as follows:
37             (A) The joint annuitant's surviving spouse;
38             (B) the joint annuitant's dependent child or children;
39             (C) the joint annuitant's dependent parent or parents;
40             (D) the joint annuitant's nondependent child or children;
41             (E) the joint annuitant's nondependent parent or parents; or
42             (F) the estate of the deceased joint annuitant.
43             Sec.  3. K.S.A. 1999 Supp. 74-4964 is hereby amended to read as


9

  1       follows: 74-4964. (1) A member may elect to have such member's retire-
  2       ment benefit paid under one of the options provided in this section in
  3       lieu of having it paid in the form stated in subsections (1) and (2) of K.S.A.
  4       74-4958 and amendments thereto. Such election must be made before
  5       the date of actual retirement. Only a specific individual person may be
  6       designated as a joint annuitant at the time of election of the joint and 1/2
  7       to joint annuitant survivor option, the joint and survivor option and the
  8       joint and 3/4 to joint annuitant survivor option. Under no circumstances
  9       may an option be changed or canceled nor the named joint annuitant
10       changed after the date of actual retirement of the member.
11             (2) The amount of a retirement benefit payable under an option shall
12       be based on the age of the member and, if applicable, the age of the joint
13       annuitant, and shall be such amount as to be the actuarial equivalent of
14       the retirement benefit otherwise payable under subsections (1) or (2) of
15       K.S.A. 74-4958 and amendments thereto as prescribed under subsection
16       (5). In no case shall the total amount of retirement benefit paid under
17       any option provided in this section be more than 100% of the retirement
18       benefit which would have been otherwise payable if no option had been
19       elected under this section.
20             (3) If a member who was, up to the entry date of such member's
21       employer, covered by a pension system under the provisions of K.S.A.
22       13-14a01 to 13-14a14, inclusive or 14-10a01 through 14-10a15, inclusive,
23       and amendments thereto so elects one of the options under this section,
24       payment of such option shall be in lieu of any payments provided in
25       subsection (3) of K.S.A. 74-4958 and amendments thereto.
26             (4) Such election of an option shall become null and void upon the
27       death of a member prior to such member's retirement, except that if a
28       member, who is eligible to retire in accordance with the provisions of
29       subsections (1) and (2) of K.S.A. 74-4958 and amendments thereto, dies
30       without having actually retired the member's spouse, if the spouse is
31       beneficiary for the member's accumulated contributions, and no benefits
32       are payable under subsections (1) and (2) of K.S.A. 74-4959 and amend-
33       ments thereto, may elect to receive benefits under one of the options
34       provided in this section, in lieu of receiving the member's accumulated
35       contributions.
36             (5) The following retirement options which are subject to the provi-
37       sions of K.S.A. 1999 Supp. 74-49,123 and amendments thereto, are
38       available:
39             (A) Joint and 1/2 to joint annuitant survivor. A reduced retirement
40       benefit is payable to the retirant during the retirant's lifetime in a monthly
41       amount equal to the product of (A) the monthly payment of the retire-
42       ment annuity otherwise payable under K.S.A. 74-4958 and amendments
43       thereto and (B) the percentage equal to 94.5% minus .2% for each year


10

  1       by which the age of the retirant's joint annuitant is less than the retirant's
  2       age, computed to the nearest whole year, or plus .2% for each year by
  3       which the age of the retirant's joint annuitant is more than the retirant's
  4       age, computed to the nearest whole year, with 1/2 of that monthly amount
  5       continued to the retirant's joint annuitant during such joint annuitant's
  6       remaining lifetime, if any, after the death of the retirant. In the event that
  7       the designated joint annuitant under this option predeceases the retirant,
  8       the amount of the retirement benefit otherwise payable to the retirant
  9       under this option shall be adjusted automatically to the retirement benefit
10       which the retirant would have received if no option had been elected
11       under this section.
12             (B) Joint and survivor. A reduced retirement benefit is payable to
13       the retirant during the retirant's lifetime in a monthly amount equal to
14       the product of (A) the monthly payment of the retirement annuity oth-
15       erwise payable under K.S.A. 74-4958 and amendments thereto and (B)
16       the percentage equal to 88% minus .4% for each year by which the age
17       of the retirant's joint annuitant is less than the retirant's age, computed
18       to the nearest whole year, or plus .4% for each year by which the age of
19       the retirant's joint annuitant is more than the retirant's age, computed to
20       the nearest whole year, with that monthly amount continued to the joint
21       annuitant during the joint annuitant's remaining lifetime, if any, after the
22       death of retirant. In the event that the designated joint annuitant under
23       this option predeceases the retirant, the amount of the retirement benefit
24       otherwise payable to the retirant under this option shall be adjusted au-
25       tomatically to the retirement benefit which the retirant would have re-
26       ceived if no option had been elected under this section.
27             (C) Joint and 3/4 to joint annuitant survivor. A reduced retirement
28       benefit is payable to the retirant during the retirant's lifetime in a monthly
29       amount equal to the product of (A) the monthly payment of the retire-
30       ment annuity otherwise payable under K.S.A. 74-4958 and amendments
31       thereto and (B) the percentage equal to 91% minus .3% for each year by
32       which the age of the retirant's joint annuitant is less than the retirant's
33       age, computed to the nearest whole year, or plus .3% for each year by
34       which the age of the retirant's joint annuitant is more than the retirant's
35       age, computed to the nearest whole year, with 3/4 of that monthly amount
36       continued to the retirant's joint annuitant during such joint annuitant's
37       remaining lifetime, if any, after the death of the retirant. In the event that
38       the designated joint annuitant under this option predeceases the retirant,
39       the amount of the retirement benefit otherwise payable to the retirant
40       under this option shall be adjusted automatically to the retirement benefit
41       which the retirant would have received if no option had been elected
42       under this section.
43             (D) Life with 5 years certain. A reduced retirement benefit is payable


11

  1       to the retirant during the retirant's lifetime in a monthly amount equal
  2       to 99% of the monthly payment of the retirement benefit otherwise pay-
  3       able under K.S.A. 74-4958 and amendments thereto, and if the retirant
  4       dies within the five-year certain period, measured from the commence-
  5       ment of retirement benefit payments, such payments will be continued
  6       to the retirant's beneficiary during the balance of the five-year certain
  7       period.
  8             (E) Life with 10 years certain. A reduced retirement benefit is pay-
  9       able to the retirant during the retirant's lifetime in a monthly amount
10       equal to 98% of the monthly payment of the retirement benefit otherwise
11       payable under K.S.A. 74-4958 and amendments thereto, and if the retir-
12       ant dies within the ten-year certain period, measured from the com-
13       mencement of retirement benefit payments, such payments will be con-
14       tinued to the retirant's beneficiary during the balance of the ten-year
15       certain period.
16             (F) Life with 15 years certain. A reduced retirement benefit is pay-
17       able to the retirant during the retirant's lifetime in a monthly amount
18       equal to 92% of the monthly payment of the retirement benefit otherwise
19       payable under K.S.A. 74-4958 and amendments thereto, and if the retir-
20       ant dies within the fifteen-year certain period, measured from the com-
21       mencement of retirement benefit payments, such payments will be con-
22       tinued to the retirant's beneficiary during the balance of the fifteen-year
23       certain period.
24             (G) Lump sum payment at retirement. (i) On and after July 1, 2001,
25       the member must specify a lump sum amount to be paid to the member
26       upon the member's retirement. The lump sum amount will be based on
27       the actuarial present value of the benefit as provided in K.S.A. 74-4958,
28       and amendments thereto. The lump sum amount designated by the mem-
29       ber must be in $1,000 increments and shall not exceed 1/2 of the actuarial
30       present value of the benefit provided in K.S.A. 74-4958, and amendments
31       thereto.
32             (ii) On and after July 1, 2001, the member must elect to have the
33       remaining actuarial present value paid in a monthly amount under the
34       provisions of K.S.A. 74-4958, and amendments thereto, or subsections
35       (5)(A) through (5)(F) of this section.
36             (H) Lump sum payment at death. (i) On and after July 1, 2001, the
37       member must specify a lump sum amount to be paid to the member's
38       beneficiary upon the member's death. The lump sum amount designated
39       by the member must be in $1,000 increments and shall not reduce the
40       benefit provided in K.S.A. 74-4958, and amendments thereto, by more
41       than 1/2.
42             (ii) On and after July 1, 2001, the member must elect to have the
43       remaining actuarial present value paid in a monthly amount under the


12

  1       provisions of K.S.A. 74-4958, and amendments thereto, or subsections
  2       (5)(A) through (5)(F) of this section.
  3             (6) On and after July 1, 1996, if a member with 20 or more years of
  4       credited service dies before attaining retirement age, the member's
  5       spouse, if the spouse is the sole beneficiary for the member's accumulated
  6       contributions, may elect to receive benefits under one of the options
  7       provided in this section in lieu of receiving the member's accumulated
  8       contributions or in lieu of receiving benefits as provided in K.S.A. 74-
  9       4959 and amendments thereto. Payments under one of the options pro-
10       vided in this section to the member's spouse if so elected, shall commence
11       on the date that the member would have attained retirement age.
12             (7) Benefits payable to a joint annuitant shall accrue from the first
13       day of the month following the death of a member or retirant and, in the
14       case of the joint and 1/2 to joint annuitant survivor option, the joint and
15       survivor option and the joint and 3/4 to joint annuitant survivor option,
16       shall end on the last day of the month in which the joint annuitant dies.
17             (8) The provisions of the law in effect on the retirement date of a
18       member under the system shall govern the retirement benefit payable to
19       the retirant and any joint annuitant, except, for retirement benefits pay-
20       able after July 1, 1993, for retirants who retired prior to July 1, 1982, in
21       the event that the designated joint annuitant under the option provided
22       in subsection (5)(A), (B) or (C), as applicable, predeceased the retirant,
23       the amount of the retirement benefit otherwise payable to the retirant
24       under the option provided in subsection (5)(A), (B) or (C), as applicable,
25       shall be adjusted automatically to the retirement benefit which the retir-
26       ant would have received if no option had been elected under this section.
27             (9) Upon the death of a joint annuitant who is receiving a retirement
28       benefit under the provisions of this section, there shall be paid to such
29       joint annuitant's beneficiary an amount equal to the excess, if any, of the
30       accumulated contributions of the retirant over the sum of all retirement
31       benefit payments made to such retirant and such joint annuitant. Such
32       joint annuitant shall designate a beneficiary by filing in the office of the
33       retirement system such designation at the time of death of the retirant.
34       If there is no named beneficiary of such joint annuitant living at the time
35       of death of such joint annuitant, any amount provided for by this section
36       shall be paid to, in order of preference as follows:
37             (A) The joint annuitant's surviving spouse;
38             (B) the joint annuitant's dependent child or children;
39             (C) the joint annuitant's dependent parent or parents;
40             (D) the joint annuitant's nondependent child or children;
41             (E) the joint annuitant's nondependent parent or parents; or
42             (F) the estate of the deceased joint annuitant.
43             (10) The provisions of this section shall apply only to members who


13

  1       were appointed or employed prior to July 1, 1989, and who did not make
  2       an election pursuant to K.S.A. 74-4955a and amendments thereto.
  3             Sec.  4. K.S.A. 1999 Supp. 74-4964a is hereby amended to read as
  4       follows: 74-4964a. (1) A member may elect to have such member's re-
  5       tirement benefit paid under one of the options provided in this section
  6       in lieu of having it paid in the form stated in subsections (1) and (2) of
  7       K.S.A. 74-4958 and amendments thereto. Such election must be made
  8       before the date of actual retirement. Only a specific individual person
  9       may be designated as a joint annuitant at the time of election of the joint
10       and 1/2 to joint annuitant survivor option, the joint and survivor option
11       and the joint and 3/4 to joint annuitant survivor option. Under no circum-
12       stances may an option be changed or canceled nor the named joint an-
13       nuitant changed after the date of actual retirement of the member.
14             (2) The amount of a retirement benefit payable under an option shall
15       be based on the age of the member and, if applicable, the age of the joint
16       annuitant, and shall be such amount as to be the actuarial equivalent of
17       the retirement benefit otherwise payable under subsections (1) or (2) of
18       K.S.A. 74-4958 and amendments thereto as prescribed under subsection
19       (5). In no case shall the total amount of retirement benefit paid under
20       any option provided in this section be more than 100% of the retirement
21       benefit which would have been otherwise payable if no option had been
22       elected under this section.
23             (3) If a member who was, up to the entry date of such member's
24       employer, covered by a pension system under the provisions of K.S.A.
25       13-14a01 through 13-14a14, inclusive or 14-10a01 through 14-10a15, in-
26       clusive, and amendments thereto so elects one of the options under this
27       section, payment of such option shall be in lieu of any payments provided
28       in subsection (3) of K.S.A. 74-4958 and amendments thereto.
29             (4) Such election of an option shall become null and void upon the
30       death of a member prior to such member's retirement, except that if a
31       member, who is eligible to retire in accordance with the provisions of
32       subsections (1) and (2) of K.S.A. 74-4958 and amendments thereto, dies
33       without having actually retired the member's spouse, if the spouse is
34       beneficiary for the member's accumulated contributions, and no benefits
35       are payable under subsections (1) and (2) of K.S.A. 74-4959 and amend-
36       ments thereto, may elect to receive benefits under one of the options
37       provided in this section, in lieu of receiving the member's accumulated
38       contributions.
39             (5) The following retirement options which are subject to the provi-
40       sions of K.S.A. 1999 Supp. 74-49,123 and amendments thereto, are
41       available:
42             (A) Joint and 1/2 to joint annuitant survivor. A reduced retirement
43       benefit is payable to the retirant during the retirant's lifetime in a monthly


14

  1       amount equal to the product of (A) the monthly payment of the retire-
  2       ment annuity otherwise payable under K.S.A. 74-4958 and amendments
  3       thereto and (B) the percentage equal to 94.5% minus .2% for each year
  4       by which the age of the retirant's joint annuitant is less than the retirant's
  5       age, computed to the nearest whole year, or plus .2% for each year by
  6       which the age of the retirant's joint annuitant is more than the retirant's
  7       age, computed to the nearest whole year, with 1/2 of that monthly amount
  8       continued to the retirant's joint annuitant during such joint annuitant's
  9       remaining lifetime, if any, after the death of the retirant. In the event that
10       the designated joint annuitant under this option predeceases the retirant,
11       the amount of the retirement benefit otherwise payable to the retirant
12       under this option shall be adjusted automatically to the retirement benefit
13       which the retirant would have received if no option had been elected
14       under this section.
15             (B) Joint and survivor. A reduced retirement benefit is payable to
16       the retirant during the retirant's lifetime in a monthly amount equal to
17       the product of (A) the monthly payment of the retirement annuity oth-
18       erwise payable under K.S.A. 74-4958 and amendments thereto and (B)
19       the percentage equal to 88% minus .4% for each year by which the age
20       of the retirant's joint annuitant is less than the retirant's age, computed
21       to the nearest whole year, or plus .4% for each year by which the age of
22       the retirant's joint annuitant is more than the retirant's age, computed to
23       the nearest whole year, with that monthly amount continued to the joint
24       annuitant during the joint annuitant's remaining lifetime, if any, after the
25       death of retirant. In the event that the designated joint annuitant under
26       this option predeceases the retirant, the amount of the retirement benefit
27       otherwise payable to the retirant under this option shall be adjusted au-
28       tomatically to the retirement benefit which the retirant would have re-
29       ceived if no option had been elected under this section.
30             (C) Joint and 3/4 to joint annuitant survivor. A reduced retirement
31       benefit is payable to the retirant during the retirant's lifetime in a monthly
32       amount equal to the product of (A) the monthly payment of the retire-
33       ment annuity otherwise payable under K.S.A. 74-4958 and amendments
34       thereto and (B) the percentage equal to 91% minus .3% for each year by
35       which the age of the retirant's joint annuitant is less than the retirant's
36       age, computed to the nearest whole year, or plus .3% for each year by
37       which the age of the retirant's joint annuitant is more than the retirant's
38       age, computed to the nearest whole year, with 3/4 of that monthly amount
39       continued to the retirant's joint annuitant during such joint annuitant's
40       remaining lifetime, if any, after the death of the retirant. In the event that
41       the designated joint annuitant under this option predeceases the retirant,
42       the amount of the retirement benefit otherwise payable to the retirant
43       under this option shall be adjusted automatically to the retirement benefit


15

  1       which the retirant would have received if no option had been elected
  2       under this section.
  3             (D) Life with 5 years certain. A reduced retirement benefit is payable
  4       to the retirant during the retirant's lifetime in a monthly amount equal
  5       to 99% of the monthly payment of the retirement benefit otherwise pay-
  6       able under K.S.A. 74-4958 and amendments thereto, and if the retirant
  7       dies within the five-year certain period, measured from the commence-
  8       ment of retirement benefit payments, such payments will be continued
  9       to the retirant's beneficiary during the balance of the five-year certain
10       period.
11             (E) Life with 10 years certain. A reduced retirement benefit is pay-
12       able to the retirant during the retirant's lifetime in a monthly amount
13       equal to 98% of the monthly payment of the retirement benefit otherwise
14       payable under K.S.A. 74-4958 and amendments thereto, and if the retir-
15       ant dies within the ten-year certain period, measured from the com-
16       mencement of retirement benefit payments, such payments will be con-
17       tinued to the retirant's beneficiary during the balance of the ten-year
18       certain period.
19             (F) Life with 15 years certain. A reduced retirement benefit is pay-
20       able to the retirant during the retirant's lifetime in a monthly amount
21       equal to 92% of the monthly payment of the retirement benefit otherwise
22       payable under K.S.A. 74-4958 and amendments thereto, and if the retir-
23       ant dies within the fifteen-year certain period, measured from the com-
24       mencement of retirement benefit payments, such payments will be con-
25       tinued to the retirant's beneficiary during the balance of the fifteen-year
26       certain period.
27             (G) Lump sum payment at retirement. (i) On and after July 1, 2001,
28       the member must specify a lump sum amount to be paid to the member
29       upon the member's retirement. The lump sum amount will be based on
30       the actuarial present value of the benefit as provided in K.S.A. 74-4958a,
31       and amendments thereto. The lump sum amount designated by the mem-
32       ber must be in $1,000 increments and shall not exceed 1/2 of the actuarial
33       present value of the benefit provided in K.S.A. 74-4958a, and amendments
34       thereto.
35             (ii) On and after July 1, 2001, the member must elect to have the
36       remaining actuarial present value paid in a monthly amount under the
37       provisions of K.S.A. 74-4958a, and amendments thereto, or subsections
38       (5)(A) through (5)(F) of this section.
39             (H) Lump sum payment at death. (i) On and after July 1, 2001, the
40       member must specify a lump sum amount to be paid to the member's
41       beneficiary upon the member's death. The lump sum amount designated
42       by the member must be in $1,000 increments and shall not reduce the
43       benefit provided in K.S.A. 74-4958a, and amendments thereto, by more


16

  1       than 1/2.
  2             (ii) On and after July 1, 2001, the member must elect to have the
  3       remaining actuarial present value paid in a monthly amount under the
  4       provisions of K.S.A. 74-4958a, and amendment thereto, or subsections
  5       (5)(A) through (5)(F) of this section.
  6             (6) On and after July 1, 1996, if a member with 20 or more years of
  7       credited service dies before attaining retirement age, the member's
  8       spouse, if the spouse is the sole beneficiary for the member's accumulated
  9       contributions, may elect to receive benefits under one of the options
10       provided in this section in lieu of receiving the member's accumulated
11       contributions or in lieu of receiving benefits as provided in K.S.A. 74-
12       4959 and amendments thereto. Payments under one of the options pro-
13       vided in this section to the member's spouse if so elected, shall commence
14       on the date that the member would have attained retirement age.
15             (7) Benefits payable to a joint annuitant shall accrue from the first
16       day of the month following the death of a member or retirant and, in the
17       case of the joint and 1/2 to joint annuitant survivor option, the joint and
18       survivor option and the joint and 3/4 to joint annuitant survivor option,
19       shall end on the last day of the month in which the joint annuitant dies.
20             (8) The provisions of the law in effect on the retirement date of a
21       member under the system shall govern the retirement benefit payable to
22       the retirant and any joint annuitant, except, for retirement benefits pay-
23       able after July 1, 1993, for retirants who retired prior to July 1, 1982, in
24       the event that the designated joint annuitant under the option provided
25       in subsection (5)(A), (B) or (C), as applicable, predeceased the retirant,
26       the amount of the retirement benefit otherwise payable to the retirant
27       under the option provided in subsection (5)(A), (B) or (C), as applicable,
28       shall be adjusted automatically to the retirement benefit which the retir-
29       ant would have received if no option had been elected under this section.
30             (9) Upon the death of a joint annuitant who is receiving a retirement
31       benefit under the provisions of this section, there shall be paid to such
32       joint annuitant's beneficiary an amount equal to the excess, if any, of the
33       accumulated contributions of the retirant over the sum of all retirement
34       benefit payments made to such retirant and such joint annuitant. Such
35       joint annuitant shall designate a beneficiary by filing in the office of the
36       retirement system such designation at the time of death of the retirant.
37       If there is no named beneficiary of such joint annuitant living at the time
38       of death of such joint annuitant, any amount provided for by this section
39       shall be paid to, in order of preference as follows:
40             (A) The joint annuitant's surviving spouse;
41             (B) the joint annuitant's dependent child or children;
42             (C) the joint annuitant's dependent parent or parents;
43             (D) the joint annuitant's nondependent child or children;


17

  1             (E) the joint annuitant's nondependent parent or parents; or
  2             (F) the estate of the deceased joint annuitant.
  3             (10) The provisions of this section shall be effective on and after July
  4       1, 1989, and shall apply only to members who were appointed or em-
  5       ployed prior to July 1, 1989, and who made an election pursuant to K.S.A.
  6       74-4955a and amendments thereto; and persons appointed or employed
  7       on or after July 1, 1989. 
  8       Sec.  5. K.S.A. 1999 Supp. 20-2610a, 74-4918, 74-4964 and 74-4964a
  9       are hereby repealed.
10        Sec.  6. This act shall take effect and be in force from and after its
11       publication in the statute book.