Session of 2000
         
SENATE BILL No. 655
         
By Committee on Ways and Means
         
3-7
         

10             AN  ACT concerning retirement; relating to the Kansas public employees
11             retirement system and systems thereunder; application of certain
12             amounts recovered by the system; amending K.S.A. 1999 Supp. 74-
13             4920 and repealing the existing section.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 74-4920 is hereby amended to read as
17       follows: 74-4920. (1) (a) Upon the basis of each annual actuarial valuation
18       and appraisal as provided for in subsection (3)(a) of K.S.A. 74-4908 and
19       amendments thereto, the board shall certify, on or before July 15 of each
20       year, to the division of the budget in the case of the state and to the agent
21       for each other participating employer an actuarially determined estimate
22       of the rate of contribution which will be required, together with all ac-
23       cumulated contributions and other assets of the system, to be paid by
24       each such participating employer to pay all liabilities which shall exist or
25       accrue under the system, including amortization of the actuarial accrued
26       liability over a period of 40 years commencing on July 1, 1993, and the
27       actuarial accrued liability for members of the faculty and other persons
28       who are employed by the state board of regents or by educational insti-
29       tutions under its management assisted by the state board of regents in
30       the purchase of retirement annuities as provided in K.S.A. 74-4925 and
31       amendments thereto, as provided in this section. The actuarial accrued
32       liability for all participating employers other than the state board of re-
33       gents relating to members of the faculty and other persons described in
34       this section, shall be amortized by annual payments that increase 4% for
35       each year remaining in the amortization period. For all participating em-
36       ployers other than the state board of regents relating to members of the
37       faculty and other persons described in this section, the projected unit
38       credit actuarial cost method shall be used in annual actuarial valuations,
39       commencing with the 1993 valuation, to determine the employer contri-
40       bution rates that shall be certified by the board. The actuarial accrued
41       liability for members of the faculty and other persons described in this
42       subsection assisted by the state board of regents in the purchase of re-
43       tirement annuities as provided in K.S.A. 74-4925 and amendments


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  1       thereto shall be amortized by annual level payments over a period of 11
  2       years commencing July 1, 1993. Such certified rate of contribution shall
  3       be based on the standards set forth in subsection (3)(a) of K.S.A. 74-4908
  4       and amendments thereto and shall not be based on any other purpose
  5       outside of the needs of the system.
  6             (b)  (i) For employers affiliating on and after January 1, 1999, upon
  7       the basis of an annual actuarial valuation and appraisal of the system
  8       conducted in the manner provided for in K.S.A. 74-4908 and amend-
  9       ments thereto, the board shall certify, on or before July 15 of each year
10       to each such employer an actuarially determined estimate of the rate of
11       contribution which shall be required to be paid by each such employer
12       to pay all of the liabilities which shall accrue under the system from and
13       after the entry date as determined by the board, upon recommendation
14       of the actuary. Such rate shall be termed the employer's participating
15       service contribution and shall be uniform for all participating employers.
16       Such additional liability shall be amortized over a period of 34 years com-
17       mencing on July 1, 1999, by annual payments that increase 4% for each
18       year remaining in the amortization period. For all participating employers
19       described in this section, the projected unit credit actuarial cost method
20       shall be used in annual actuarial valuations to determine the employer
21       contribution rates that shall be certified by the board.
22             (ii) The board shall determine for each such employer separately an
23       amount sufficient to amortize over a period of not to exceed 34 years
24       commencing July 1, l999, all liabilities for prior service costs which shall
25       have accrued at the time of entry into the system. On the basis of such
26       determination the board shall annually certify to each such employer sep-
27       arately an actuarially determined estimate of the rate of contribution
28       which shall be required to be paid by that employer to pay all of the
29       liabilities for such prior service costs. Such rate shall be termed the em-
30       ployer's prior service contribution.
31             (2) The division of the budget and the governor shall include in the
32       budget and in the budget request for appropriations for personal services
33       the sum required to satisfy the state's obligation under this act as certified
34       by the board and shall present the same to the legislature for allowance
35       and appropriation.
36             (3) Each other participating employer shall appropriate and pay to
37       the system a sum sufficient to satisfy the obligation under this act as
38       certified by the board.
39             (4) Each participating employer is hereby authorized to pay the em-
40       ployer's contribution from the same fund that the compensation for which
41       such contribution is made is paid from or from any other funds available
42       to it for such purpose. Each political subdivision, other than an instru-
43       mentality of the state, which is by law authorized to levy taxes for other


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  1       purposes, may levy annually at the time of its levy of taxes, a tax which
  2       may be in addition to all other taxes authorized by law for the purpose of
  3       making its contributions under this act and, in the case of cities and coun-
  4       ties, to pay a portion of the principal and interest on bonds issued under
  5       the authority of K.S.A. 12-1774 and amendments thereto by cities located
  6       in the county, which tax, together with any other fund available, shall be
  7       sufficient to enable it to make such contribution. In lieu of levying the
  8       tax authorized in this subsection, any taxing subdivision may pay such
  9       costs from any employee benefits contribution fund established pursuant
10       to K.S.A. 12-16,102 and amendments thereto. Each participating em-
11       ployer which is not by law authorized to levy taxes as described above,
12       but which prepares a budget for its expenses for the ensuing year and
13       presents the same to a governing body which is authorized by law to levy
14       taxes as described above, may include in its budget an amount sufficient
15       to make its contributions under this act which may be in addition to all
16       other taxes authorized by law. Such governing body to which the budget
17       is submitted for approval, may levy a tax sufficient to allow the partici-
18       pating employer to make its contributions under this act, which tax, to-
19       gether with any other fund available, shall be sufficient to enable the
20       participating employer to make the contributions required by this act.
21             (5) The rate of contribution certified to a participating employer as
22       provided in this section shall apply during the fiscal year of the partici-
23       pating employer which begins in the second calendar year following the
24       year of the actuarial valuation. For the fiscal year commencing in calendar
25       year 1993, the employer rate of contribution for the state of Kansas and
26       for participating employers under K.S.A. 74-4931 and amendments
27       thereto shall be 3.1% of the amount of compensation upon which mem-
28       bers contribute during the period. For the fiscal year commencing in
29       calendar year 1994, the employer rate of contribution for the state of
30       Kansas and for participating employers under K.S.A. 74-4931 and amend-
31       ments thereto shall be 3.2% of the amount of compensation upon which
32       members contribute during the period. For the fiscal year commencing
33       in calendar year 1994, the employer rate of contribution for participating
34       employers other than the state of Kansas shall be 2.2% of the amount of
35       compensation upon which members contribute during the period. Except
36       as specifically provided in this section, for the fiscal year commencing in
37       calendar year 1995, the rate of contribution certified to a participating
38       employer shall in no event exceed such participating employer's contri-
39       bution rate for the immediately preceding fiscal year by more than 0.1%
40       of the amount of compensation upon which members contribute during
41       the period. Except as specifically provided in this section, for fiscal years
42       commencing in calendar year 1996 and in each subsequent calendar year,
43       the rate of contribution certified to the state of Kansas shall in no event


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  1       exceed the state's contribution rate for the immediately preceding fiscal
  2       year by more than 0.2% of the amount of compensation upon which
  3       members contribute during the period. Except as specifically provided in
  4       this section, for fiscal years commencing in calendar year 1997 and in
  5       each subsequent calendar year, the rate of contribution certified to par-
  6       ticipating employers other than the state of Kansas shall in no event ex-
  7       ceed such participating employer's contribution rate for the immediately
  8       preceding fiscal year by more than 0.15% of the amount of compensation
  9       upon which members contribute during the period. There shall be an
10       employer rate of contribution certified to the state of Kansas and partic-
11       ipating employers under K.S.A. 74-4931 and amendments thereto. There
12       shall be a separate employer rate of contribution certified to all other
13       participating employers other than the state of Kansas.
14             (6) The actuarial cost of any legislation enacted in the 1994 session
15       of the Kansas legislature will be included in the June 30, 1994, actuarial
16       valuation in determining contribution rates for participating employers.
17             (7) The actuarial cost of the provisions of K.S.A. 1999 Supp. 74-4950i,
18       and amendments thereto will be included in the June 30, 1998, actuarial
19       valuation in determining contribution rates for participating employers.
20       The actuarial accrued liability incurred for the provisions of K.S.A. 1999
21       Supp. 74-4950i, and amendments thereto shall be amortized over 15 years.
22       Any net proceeds recovered either by settlement or otherwise successful
23       litigation by the system on and after January 1, 2000, pursuant to actions
24       brought to recover damages incurred by the system related to investments
25       made by the system shall be used to finance the amount required to fund
26       the actuarial accrued liability of the state obligation for the postretirement
27       benefit increase provided by K.S.A. 74-4950i, and amendments thereto.
28             (8) The board with the advice of the actuary may fix the contribution
29       rates for participating employers joining the system after one year from
30       the first entry date or for employers who exercise the option contained
31       in K.S.A. 74-4912 and amendments thereto at rates different from the
32       rate fixed for employers joining within one year of the first entry date.
33             (9) For employers affiliating on and after January 1, 1999, the rates
34       of contribution certified to the participating employer as provided in this
35       section shall apply during the fiscal year immediately following such cer-
36       tification, but the rate of contribution during the first year following the
37       employer's entry date shall be equal to 7% of the amount of compensation
38       on which members contribute during the year. Any amount of such first
39       year's contribution which may be in excess of the necessary current serv-
40       ice contribution shall be credited by the board to the respective em-
41       ployer's prior service liability.
42             (10) Employer contributions shall in no way be limited by any other
43       act which now or in the future establishes or limits the compensation of


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  1       any member.
  2             (11) Notwithstanding any provision of law to the contrary, each par-
  3       ticipating employer shall remit quarterly, or as the board may otherwise
  4       provide, all employee deductions and required employer contributions to
  5       the executive secretary for credit to the Kansas public employees retire-
  6       ment fund within three days after the end of the period covered by the
  7       remittance by electronic funds transfer. Remittances of such deductions
  8       and contributions received after such date are delinquent. Delinquent
  9       payments due under this subsection shall be subject to interest at the rate
10       established for interest on judgments under subsection (a) of K.S.A. 16-
11       204 and amendments thereto. At the request of the board, delinquent
12       payments which are due or interest owed on such payments, or both, may
13       be deducted from any other moneys payable to such employer by any
14       department or agency of the state. 
15       Sec.  2. K.S.A. 1999 Supp. 74-4920 is hereby repealed.
16        Sec.  3. This act shall take effect and be in force from and after its
17       publication in the Kansas register.